1. Applicant's Name: a. Application Date: 11 February 2016 b. Date Received: 22 February 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, he began to abuse alcohol after his tours in Iraq (OIF) from 2003 to 2004, where he acquired PTSD. Subsequently, his alcohol rehabilitation failure led to his discharge. In a records review conducted at Arlington, VA on 7 July 2017, and by a 4-1 vote, the Board determined the characterization was improper. The record shows the government introduced into the discharge packet the results of a biochemical test which was coded RO (Rehabilitation Testing) and that it was part of the applicant's Army Substance Abuse Program (ASAP) treatment plan. Further, the record shows the government also introduced documents into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse. The test administered as part of the applicant's rehabilitation program and the inclusion of documentary evidence showing the applicant's self- referral into ASAP are limited use information as defined in AR 600-85 and are protected evidence. Use of these information mandate award of an honorable characterization of service. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable. However, the reason for the discharge was proper and equitable and the Board 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: 2 November 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 October 2004 (2) Basis for Separation: The applicant was informed of the following reasons: After consultation with his rehabilitation team, it has been determined that the applicant is an alcohol or other drug abuse rehabilitation failure, which would preclude him from becoming a productive member of the US Army. The applicant has continued to abuse alcohol which has caused him to currently be pending a domestic violence charge. The applicant has also tested positive for marijuana on a urinalysis. His chain of command has made many attempts to assist him with his personal problems in order to help make him an effective Soldier, but his insubordination and failure to follow instructions have made every attempt unsuccessful. He has been given countless opportunities to overcome his deficiencies, yet has failed to adhere to military standards. This type of misconduct cannot be tolerated by his unit, or the US Army. (3) Recommended Characterization: General (Under Honorable Conditions) (Note: per the unit commander's forwarding memorandum, his subsequent recommendation was an honorable discharge.) (4) Legal Consultation Date: 14 October 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: Undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 July 2000 / 6 years b. Age at Enlistment / Education / GT Score: 28 / HS Graduate / 109 c. Highest Grade Achieved / MOS / Total Service: E-4 / 15T10, UH-60 Helicopter Repairer / 4 years, 3 months, 23 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA / Iraq (27 February 2003 to 17 January 2004) f. Awards and Decorations: ARCOM; AAM; AGCM; NDSM; GWOTEM; GWOTSM; ASR; OSR-2 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Army Substance Abuse Program (ASAP) Enrollment, dated 10 May 2004, indicates the applicant self-referred into the program due to three DUIs and being convicted on two DUIs. Negative counseling statements for being involved in a physical altercation with his spouse; being arrested and charged with domestic violence; being authorized to reside with his spouse; being directed to continue his treatment with ASAP, not to use controlled substance or consume alcohol, and attend all appointments with family advocacy, social work services, legal, and chaplain; performance being substandard; being absent from work; failing to be at his appointed place of duty at the prescribed time; testing positive on a rehabilitation test, which is subject to an administrative actions under Chapter 9, AR 635-200; being enrolled in ASAP due to self- referral for alcoholism; and being declared a rehabilitation failure due to testing positive on a rehabilitation test. DD Form 2624, Specimen Custody Document - Drug Testing, undated, reflects that the applicant tested positive for THC during a urinalysis testing on the basis of "Rehabilitation Testing" (RO) conducted on 31 August 2004. CID Report, dated 15 September 2004, indicates the applicant was the subject of an investigation for wrongful possession and use of marijuana. Memorandum for Commander, dated 20 September 2004, subject: Synopsis of Treatment for [the applicant], provided a summary of the applicant's treatment after he self-referred into ASAP on 5 May 2004, and the subsequent incidents of his substance abuse. Division Mental Health, dated 20 August 2004, provided no diagnosis but indicated that the applicant met medical retention standards, that treatment was not deemed necessary, and determined to be clinically psychologically stable. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Applicant's health record, dated 22 August 2003, notes behavioral health issues. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 11 February 2016; Rating Data, dated 12 February 2016; Post Deployment Health Assessment; medical records, dated 21-22 August 2003; Report of Medical Examination, dated 9 June 2000; health records, dated 8, 20 September 2004, 3, 11, 25, and 30 August 2004; Patient Release/Discharge Instructions, dated 2-3 August 2004; Triage Data Collection, dated 1 August 2004; medical record, dated 19 July 2004; Emergency Care and Treatment, dated 16 July 2004; Patient Intake/Screening Record, dated 11 May 2004; medical records, dated 17 August 2004, 6 July 2004, 17-18 June 2004, 4, 5, 6 May 2004, 2 April 2004, 22 March 2004, 30 December 2002, 8, 9 October 2002, 6 August 2002, 7 July 2002, 11, 26 June 2002, 19 October 2001, 9 July 2001, 23 May 2001, 4, 14 December 2000, and 18 October 2000; Reports of Medical Examination and History, and medical record, dated 23 May 2001; Screening Note of Acute Medical Care, dated 13 September 2000; medical record, dated 12 July 2000; Report of Medical History, dated 9 June 2000; Hearing Test Information Sheet; and Radiologic Examination Reports, dated 17 July 2001 and 2 May 2001. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 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. The applicant's record of service, and the issues and documents submitted with his application were carefully reviewed. The record confirms the applicant was enrolled in the Army Substance Abuse Program (ASAP) and was aware of the consequences of any action which would demonstrate any inability or refusal to participate in, cooperate in, or successfully complete such a program. As a result of the applicant's actions and after consultation with the drug and alcohol abuse counselor, the command declared the Soldier a rehabilitation failure. The evidence of record establishes the fact that the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems The record further confirms that the government introduced into the discharge packet the results of a biochemical test which was coded RO (Rehabilitation) and that it was part of the applicant's Army Substance Abuse Program (ASAP) treatment plan. This is limited use information as defined in AR 600-85 and is protected evidence because the test was administered as part of the applicant's rehabilitation program. Use of this information mandates award of an honorable characterization of service. The record also 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, and use of this information mandates award of an honorable characterization of service. The applicant contends he began abusing alcohol after his tours in Iraq (OIF) from 2003 to 2004, where he acquired PTSD, and subsequently, he was an alcohol rehabilitation failure. A careful review of the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention of any PTSD diagnosis. However, the applicant's documentary evidence indicates his behavioral health issues symptoms existed. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. In view of the limited use violations, 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 7 July 2017, and by a 4-1 vote, the Board determined the characterization was improper. The record shows the government introduced into the discharge packet the results of a biochemical test which was coded RO (Rehabilitation Testing) and that it was part of the applicant's Army Substance Abuse Program (ASAP) treatment plan. Further, the record shows the government also introduced documents into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for substance abuse. The test administered as part of the applicant's rehabilitation program and the inclusion of documentary evidence showing the applicant's self-referral into ASAP are limited use information as defined in AR 600-85 and are protected evidence. Use of these information mandate award of an honorable characterization of service. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable. However, the reason for the discharge was proper and equitable and the Board 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 Authority to: No Change e. Change SPD/RE Code to: No Change f. 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 AR20160004730 6