1. Applicant's Name: a. Application Date: 8 February 2017 b. Date Received: 13 February 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, is 30 percent service-connected for PTSD by the VA. The applicant was having issues with the wife while at Fort Bliss. The combat-related PTSD contributed to the alcohol-related incidents that led to a suicide attempt and subsequent discharge. The wife was unfaithful and the applicant began having some anxiety and depression issues that were diagnosed before discharge. The applicant self-referred to alcohol treatment about nine months later. The applicant was treated, diagnosed with general anxiety disorder, severe depression and insomnia. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Adjustment Disorder with disturbance of emotions/with disturbance of emotions and conduct, Alcohol Abuse, Alcohol Dependence, Anxiety Disorder NOS, Cocaine Abuse, Major Depressive Disorder, Nicotine Dependence, Martial and Partner Relational Problem, and Occupational Problem. The applicant is 30% service-connected for PTSD from the VA. In summary, the applicant has a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 5 December 2019, and by a 5-0 vote, the Board determined that the characterization of service was inequitable 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 diagnoses of PTSD and OBH). 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, SPD code and RE code were proper and equitable 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: 4 April 2011 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 19 March 2011 (2) Basis for Separation: The applicant was informed of the following reason for his discharge, on 15 March 2011, he was deemed an alcohol and drug abuse program failure by an alcohol and drug abuse program counselor. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 30 March 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 30 March 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 October 2010 / 4 years b. Age at Enlistment / Education / GT Score: 28 years / GED / 104 c. Highest Grade Achieved / MOS / Total Service: E-5 / 91H20, Track Vehicle Repairer / 4 years, 9 months, 7 days d. Prior Service / Characterizations: RA, 28 June 2006 to 25 August 2008 / HD RA, 26 August 2008 to 24 October 2010 / HD e. Overseas Service / Combat Service: Germany / SWA / Iraq, 9 April 2008 to 23 June 2009 f. Awards and Decorations: ARCOM, AAM-3, AGCM, NDSM, ICM-2CS, GWOTSM, NOPDR, ASR, OSR-2 g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: The applicant received two mental health counselings for suicide attempts; a negative counseling statement for being restricted to his brigade area, being recommended for separation under Chapter 5-17 and being an ASAP failure. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Behavioral Health Evaluation, dated 22 February 2011, relates the he had an Axis I diagnosis of adjustment disorder with disturbance of emotions and conduct; and chemical use disorders. VA statement of service-connected disabilities, dated 8 February 2017, revealed the applicant was service connected for PTSD (also claimed as depression, anxiety, and sleep disturbance) and he was granted an evaluation of 30 percent disabling. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); issues page; DD Form 214; and a VA Statement of service connected disabilities (two pages). 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 the characterization of service from general (under honorable conditions) to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. 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 the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems. The applicant seeks relief contending, he is 30 percent service-connected for PTSD by the VA; and he was treated, diagnosed with general anxiety disorder, severe depression and insomnia. The applicant provided a VA document that relates he was service connected for PTSD (also claimed as depression, anxiety, and sleep disturbance) and he was granted an evaluation of 30 percent disabling. The applicant further contends, he was having issues with his wife while at Fort Bliss; she was unfaithful and he began having some anxiety and depression issues that were diagnosed before his discharge. The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. The record of evidence shows that the applicant underwent a mental status evaluation which indicates he had an Axis I diagnosis of an adjustment disorder with disturbance of emotions and conduct; and chemical use disorders. The applicant also contends, his combat-related PTSD contributed to the alcohol-related incidents that led to his suicide attempt and subsequent discharge. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that PTSD contributed to the alcohol-related incidents that led to his suicide attempt and subsequent discharge. The applicant additionally contends, he self-referred to alcohol treatment about nine months later. The applicant's Army Substance Abuse Program (ASAP) Enrollment shows he was referred to ASAP as a medical referral due to second abuse related incident. 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 5 December 2019, and by a 5-0 vote, the Board determined that the characterization of service was inequitable 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 diagnoses of PTSD and OBH). 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, SPD code and RE code were proper and equitable 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 / 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 AR20170004447 1