1. Applicant's Name: a. Application Date: 25 October 2016 b. Date Received: 28 October 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, she has been diagnosed with combat PTSD and alcohol use disorder. She was never demoted by her command. She did not consume alcohol for fun but to deal with the symptoms that were directly related to her deployment. She is currently in treatment again in Massachusetts. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant had mitigating medical or behavioral health conditions for the offenses which led to her separation from the Army. VA medical records indicated SM has a 100% disability for PTSD and Alcohol Use Disorder. VA letter dated 6 July 2017 indicated SM was a resident of the VA Boston Women's Transitional Residence program and received mental health and substance abuse treatment. Although military medical records are limited, there is enough evidence to determine that SM was experiencing PTSD symptoms related to combat, which contributed to misuse of alcohol/substance use and rehab failures. In a records review conducted at Arlington, VA on 4 Oct 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service and the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of PTSD), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason and SPD code were proper and equitable and voted not to change them. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry code of 3. In view of the error, the Board directed an administrative correction to block 27 to read RE-4, as required by Army Regulations. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Alcohol Rehabilitation Failure / AR 635-200, Chapter 9 / JPD / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 7 August 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 July 2007 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant failed to obey a lawful order issued by the Army Substance Abuse Program on 3 January 2007 and 13 June 2007, by wrongfully consuming alcohol while enrolled in the program, in violation of Article 92, UCMJ. On 18 June 2007, the applicant was determined to be an alcohol rehabilitation failure by the Rehabilitation Treatment Team, and the provisions of paragraph 4-7b (sic), AR 600-85 were applicable. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 27 July 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 30 July 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 May 2006 / 4 years b. Age at Enlistment / Education / GT Score: 24 / 15 years / 100 c. Highest Grade Achieved / MOS / Total Service: E-5 / 94T20, Avenger Systems Repairer / 4 years, 2 months, 11 days d. Prior Service / Characterizations: RA (27 June 2003 to 4 May 2006) / HD e. Overseas Service / Combat Service: SWA / Iraq (15 September 2004 to 6 December 2005) f. Awards and Decorations: ARCOM; AAM-2; AGCM; NDSM; ICM; GWOTSM; NCOPDR; ASR; OSR g. Performance Ratings: Two NCOERs: October 2005 thru May 2006, Among the Best 1 June 2006 thru 31 May 2007, Among the Best h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for violating ASAP policy; failing to be at her appointed place of duty; being incapacitated for duty; having a second relapse while enrolled in ASAP; and being processed for an involuntary separation for rehabilitation failure. Memorandum, dated 14 May 2007, subject: Rehabilitation Failure Determination RE: [the applicant], rendered by ASAP, was self-explanatory, in that the Rehabilitation Treatment Team determined that the applicant was a rehabilitation failure due to continuing to consume alcohol while enrolled in ASAP, and that the command was cleared to move forward with any administrative action deemed necessary. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: VA letter, dated 23 July 2015, shows the applicant was assigned 100 percent disability for PTSD with alcohol use disorder, and VA health records show her continued treatment. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 25 October 2016; page 2 of 8, Disabilities - e Benefits; DD Form 214; and VA letter, dated 24 October 2016. Additional Evidence: VA treatment, health record, and 100 percent disability rating decision documents. 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 her general (under honorable conditions) discharge to honorable. The applicant's record of service, and the issues and documents submitted with her 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 her problems. The service record further confirms that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 3. Soldiers processed for separation due to alcohol rehabilitation failure, UP AR 635-200, Chapter 9, as approved by the separation authority, will be assigned an SPD Code of JPD and an RE Code of 4. The applicant's contentions regarding her behavioral health diagnosis involving PTSD were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues along with notable service- connected post-traumatic stress disorder symptoms existed, and the applicant contends they were contributing factors that led to her discharge. If the Board determines the applicant's behavioral health issues were significant contributing factors to her rehabilitation failure, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with her overall service record. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 4 Oct 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service and the circumstances surrounding the discharge (i.e. in-service and post- service diagnosis of PTSD), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason and SPD code were proper and equitable and voted not to change them. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry code of 3. In view of the error, the Board directed an administrative correction to block 27 to read RE-4, as required by Army Regulations. 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 to SPD / Change RE code to 4 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 AR20160018090 3