1. Applicant's Name: a. Application Date: 4 October 2016 b. Date Received: 11 October 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, since his discharge, he has received help and has been sober for three years with the assistance of the Alcoholic Anonymous (AA). He still attends AA meetings twice a week. An upgrade would enable him to apply for benefits and received the level of respect for employment considerations and from his wife's family. He made mistakes but he is taking steps need to become a better husband, father, son, and productive citizen. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has no relevant (non-substance abuse) diagnoses in AHLTA. In JLV he has no VA SC disability percentage. His VA Outpatient Encounters are for Imprisonment and Other Incarceration. There are no mitigating psychiatric conditions for his misconduct. Further, after carefully examining the applicant's record of service during the period of enlistment under review, the Board determined the characterization was improper upon noting the government introduced documents into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for alcohol abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable characterization of service. Accordingly, in a records review conducted at Arlington, Virginia, on 23 March 2018, and by a 3-2 vote, the Board voted to change the characterization of service to honorable. However, the Board found the narrative reason, separation code and reentry code were fully supported by the record and voted not to change them. (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: 10 April 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 February 2008 (2) Basis for Separation: The applicant failed to achieve satisfactory progress and was declared a rehabilitation failure. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 25 February 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 13 March 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 November 2006 / 4 years, 23 weeks b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-3 / 62B1P, Construction Equipment Repairer / 1 year, 5 months, 3 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for failing to report; being disrespectful towards an NCO; failing to maintain his barracks room; having been previous overindulgence prevented him from performing his duties; being drunk during duty hours; FG Article 15, dated 20 December 2007, for being incapacitated for proper performance of duties on 22 October 2007, failing to go to his appointed place of duty at the prescribed time on 22 October 2007, treat with contempt and being disrespectful towards an NCO on 5 November 2007, and being drunk and disorderly on 5 November 2007. The punishment consisted of a reduction to E-1, forfeiture of $650 pay per month for two months, and 45 days of extra duty and restriction. Letter rendered by ASAP, dated 20 November 2007, subject: Summary of Rehabilitation Efforts for [the applicant], indicates the applicant self-referred into ASAP for alcohol problems that caused him to become violent and assault others. Subsequently, while enrolled in ASAP, he was impaired which involved being violent. On 23 October 2007, in consult with the applicant and his chain of command, increased treatment recommendations were put in place; however, he has since not complied with any of the recommendations and had another violent intoxicated incident. Accordingly, in consultation with the applicant's command, it was determined that he failed to achieve satisfactory progress and declared a rehabilitation failure. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 4 October 2016. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, since his discharge, he has received help and has been sober for three years with the assistance of the Alcoholic Anonymous (AA), and he attends AA meetings twice a week. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's available record of service and the issues 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 the government introduced documents into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for alcohol 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. In view of the limited use violation, 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: After carefully examining the applicant's record of service during the period of enlistment under review, the Board determined the characterization was improper upon noting the government introduced documents into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for alcohol abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable characterization of service. Accordingly, in a records review conducted at Arlington, Virginia, on 23 March 2018, and by a 3-2 vote, the Board voted to change the characterization of service to honorable. However, the Board found the narrative reason, separation code and reentry code were fully supported by the record and voted not to change them. 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 Code to: No Change f. Change RE Code 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 AR20160017437 4