1. Applicant's Name: a. Application Date: 13 November 2015 b. Date Received: 23 November 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a change to the narrative reason for separation. The applicant states, in pertinent part and in effect, he tried his hardest to be a good Soldier and will always love the military. The applicant explained the reasons for receiving an Article 15. The applicant requests an upgrade so that he can use his GI Bill for college. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had an AHLTA diagnosis of adjustment disorder and alcohol abuse. His behavioral- health treatment for adjustment disorder occurred after he had begun in ASAP. He did have a period on the "high interest" list but his difficulties were mostly having to do with drink and his continuing to get in trouble even after ASAP. He did seem to have a number of walk in visits for what might be called emergent without an emergency. There was no obvious basis for mitigation based on behavioral-health condition in AHLTA. Also, the Joint Legacy Viewer in AHLTA also showed no behavioral-health conditions diagnosed by VA providers. In a records review conducted at Arlington, VA on 3 February 2017, and by a 4-1 vote, the Board noted that the government introduced a document into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable discharge. Accordingly, the Board voted to change the characterization of service to honorable. The Board found the reason for discharge was fully supported by the record and voted not to change it. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Alcohol Rehabilitation Failure / AR 635-200, Chapter 9 / JPD / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 15 September 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 August 2014 (2) Basis for Separation: The applicant was entered in the Army Substance Abuse Program (ASAP) (10 February 2014) and was declared an ASAP rehabilitation failure (20 May 2014). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 7 August 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 12 August 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 February 2012 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 2 years, 6 months, 18 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 4 February 2014, for failing to go to his appointed place of duty at the prescribed time (21 January 2014). The punishment consisted of seven days of extra duty and restriction. CG Article 15, dated 1 April 2014, for leaving his appointed place of duty without authority (14 March 2014). The punishment consisted of a reduction to E-2, forfeiture of $400, and 14 days of extra duty and restriction. Negative counseling statements for refusing to provide a sworn statement; feigning suicide attempt; consuming alcohol; failing to be at his appointed place of duty at the prescribed time; lying to an NCO; having an unclean barracks room; receiving four negative counseling for being disrespectful; being disrespectful towards an NCO; wearing his ACU improperly; failing to inform his chain of command of his new prescriptions; failing to maintain accountability of sensitive items; failing to inform his chain of command about his plans to purchase a vehicle; failing to follow his leaderships' instructions; failing to inform his chain of command of changes to his profile status; receiving extra duty and restriction as a result of an Article 15; being involved in an alcohol-related incident; displaying conduct unbecoming of a Soldier; and losing his meal card. Memorandum for the Commander, dated 18 June 2014, Subject; Synopsis of Rehabilitation Efforts, rendered by the ASAP Clinical Director, indicates that on 20 May 2014, at a Rehabilitation Team Meeting with the applicant, his commander, and the ASAP counselor; the applicant was declared a rehabilitation failure due to his continued alcohol use while enrolled in ASAP, that he declined an inpatient treatment, and was determined that he continued with an outpatient counseling until his separation was completed. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 11 June 2014, indicates the applicant and the examiner noted behavioral health issues, treatment, and receiving an emergency care. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 214; and two self-authored statements. 6. POST SERVICE ACCOMPLISHMENTS: The applicant is currently in college. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 9 outlines the procedures for discharging individuals because of alcohol or other drug abuse. A member who has been referred to the Army Substance Abuse Program (ASAP) for alcohol or drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program if there is a lack of potential for continued Army service and rehabilitation efforts are no longer practical. Army policy states that an honorable or general (under honorable conditions) discharge is authorized depending on the applicant's overall record of service. However, an honorable discharge is required if limited use information is used in the discharge process. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JPD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 9, for Alcohol Rehabilitation Failure. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JPD" will be assigned an RE Code of 4. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members' discharges. "Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre- existing conditions which are determined not to have been incurred or aggravated while in military service." "Conditions documented in the record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which PTSD or PTSD related conditions may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD or PTSD-related conditions as a causative factor in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Correction Boards will also exercise caution in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a change to the narrative reason for separation. The applicant's record of service, and the issues and documents submitted with his application were carefully reviewed. After examining the applicant's military records, and the issues and documents submitted with the application, it appears the characterization of the applicant's discharge was improper. The record confirms that the government introduced documents into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable characterization of service. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Regarding the applicant's request to change the reason for his discharge, the narrative reason for the applicant's separation and its associated separation and reentry codes are governed by specific directives. The narrative reason specified by Army Regulations for a discharge under this chapter is "Alcohol Rehabilitation Failure," and the separation code is JPD. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Further, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 3 February 2017, and by a 4-1 vote, the Board noted that the government introduced a document into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable discharge. Accordingly, the Board voted to change the characterization of service to honorable. The Board found the reason for discharge was fully supported by the record and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change SPD / RE Code to: No Change e. Restore (Restoration of) Grade to: No Change AUTHENTICATING OFFICIAL: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150018739 1