1. Applicant's Name: a. Application Date: 12 September 2016 b. Date Received: 18 September 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, that he is trying to use his education benefits. He applied for Chapter 33 of the GI Bill, but due to his DD Form 214 not showing his Army Reserve time or his reenlistment on 25 November 2010, reflecting that he had an honorable discharge at the time of his reenlistment he was denied the benefit. He states, he is trying to pursue his degree to further his life and he needs his education benefits to help obtain his degree. Because of his general discharge the VA will not approve or release any benefits. In a records review conducted at Arlington, VA on 6 December 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 26, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 26, separation code changed to JPC, b. block 28, narrative reason for separation changed to Drug Rehabilitation Failure. (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 July 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 June 2016 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 20 January 2016, he was command referred to the Army Substance Abuse Program (ASAP) due to substance abuse. On 12 May 2016, he was found passed out in front of his barracks room for the second time from substance abuse, making the applicant an ASAP failure. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 15 June 2016, the applicant waived his rights to consult with A JAG officer. (5) Administrative Separation Board: On 15 June 2016, the applicant unconditionally waived consideration of his case before an administrative separation board. (6) Separation Decision Date / Characterization: Undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 November 2010 / 6 years b. Age at Enlistment / Education / GT Score: 22 / Some College / 100 c. Highest Grade Achieved / MOS / Total Service: E-5 / 88N1P, Transportation Management Coordinator / 8 years, 11 months, 23 days d. Prior Service / Characterizations: USAR, 10 July 2007 - 1 August 2007 / NA IADT, 2 August 2007 - 21 November 2007 / HD USAR, 22 November 2007 - 22 January 2009 / NIF e. Overseas Service / Combat Service: Japan, SWA / Iraq (20 June 2010 - 8 June 2011), Afghanistan (28 February 2014 - 1 July 2014) f. Awards and Decorations: ACM-CS, ICM-2CS, ARCOM-2, AAM-2, AGCM-2, NDSM, GWOTSM, NCOPDR, ASR, OSR, NATOMDL g. Performance Ratings: 1 March 2014 - 12 November 2015 / Fully Capable 13 November 2015 - 1 October 2015 / Fully Capable h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 19 April 2016, for wrongfully disobeying a lawful order by breaking restriction (2 April 2016); and, failing to obey a lawful general order by possessing spice (4 May 2011). The punishment consisted of a reduction to E-4; and, extra duty and restriction for 45 days. Army Substance Abuse Program Rehabilitation Summary Report (memo), dated 10 June 2016, reflects the applicant was a Command-referral to ASAP on 24 January 2016 due to an incident that occurred on 16 January 2016. During the incident, he was found unresponsive in the hallway of his barracks. A subsequent search of his barracks revealed two packages of suspected Spice (approximately four grams) and two smoking devices. The applicant had a second incident on 12 May 2016. During this incident he was found incoherent and in an agitated state in his barracks room. A search of his room revealed one packet (approximately 2 grams) of a substance believed to be Spice. The ASAP recommendation that the applicant was to remain in ASAP addressing transition plans until receipt of his separation orders. Upon receipt of orders, provider E would convene a Rehabilitation Team Meeting with the command and patient to recommend an unsuccessful ASAP disenrollment. The prognosis for a successful treatment experience was poor due to the applicant's inability to refrain from involvement with Spice and inability to internalize skills presented during his treatment experience supportive of a sober lifestyle. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 20 May 2016, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with a Substance abuse disorder NOS (Axis I). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214 and DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: None submitted 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. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service 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 a mental health condition, including PTSD; TBI; or sexual assault/harassment 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 characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors 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. Caution shall be exercised 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, the issues and documents submitted with his application were carefully reviewed. The evidence of record indicates that on 2 June 2016, the Army Substance Abuse Program (ASAP) Clinical Director, recommended the unit commander declare the applicant a rehabilitation failure. The prognosis for a successful treatment experience was poor due to the applicant's inability to refrain from involvement with Spice and inability to internalize skills presented during his treatment experience supportive of a sober lifestyle. The service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 28, narrative reason for separation as Alcohol Rehabilitation Failure. The discharge packet confirms the separation authority approved the discharge by reason of Drug Rehabilitation Failure. Soldiers processed for Drug Rehabilitation Failure will be assigned an SPD Code of JPC and an RE Code of 4 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. The applicant contends his DD Form 214 does not reflect his reserve time or his reenlistment. However, the applicant's requested changes to the DD Form 214 do not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. Notwithstanding the administrative error, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 6 December 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 26, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 26, separation code changed to JPC, b. block 28, narrative reason for separation changed to Drug Rehabilitation Failure. 10. BOARD ACTION DIRECTED: a. Issue a new DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Change to Drug Rehabilitation Failure d. Change Authority to: No Change e. SPD/RE Code Change to: Change SPD to JPC / No Change to RE code f. Restoration to Grade: 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 AR20160016087 3