1. Applicant's Name: a. Application Date: 14 April 2017 b. Date Received: 20 April 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, in any case in which the Government initially introduces into the final discharge process limited use evidence, an honorable discharge is mandated per AR 600-85, paragraphs 10-12(a), 10-13(c), and AR 635-200, paragraph 9-4. "The government" includes, "[t]he unit commander or intermediate commanders (in a recommendation for discharge or in documents forwarded with such a recommendation)," Army Regulation 600-85, paragraph 10-13(c)(1). Results of drug or alcohol tests conducted pursuant to the; Army Substance Abuse Program (ASAP) is limited use evidence, as prescribed in Army Regulation 600-85, paragraph 10-12(a)(6). The applicant states, in this case, evidence of limited use was initially introduced by the commander in documents forwarded with the recommendation for discharge. Specifically, in an email dated 10 January 2017, from the ASAP counselor, which states that the applicant tested positive for alcohol in an ASAP alcohol test. As such, it is mandated by the regulation that the service be characterized as honorable. 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 the applicant was diagnoses with Alcohol Dependence. VA notes indicate the applicant has not been seen for Behavioral Health reasons. Based on the available information, the applicant does not have a mitigating medical or behavioral health condition for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 28 November 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (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: 12 April 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 March 2017 (2) Basis for Separation: The applicant was informed of the following reasons: He was enrolled in the Army Substance Abuse Program, now known as the Substance Use Disorder Clinical Care (SUDCC), for alcohol abuse on 6 November 2015, due to an alcohol related incident on 11 October 2015. He has failed to demonstrate commitment to his treatment for alcohol abuse. Specifically, he disclosed that he consumed alcohol on 20 November 2015 and 3 December 2016. He also tested positive for alcohol on 20 November 2015, 4 January 2017, and 30 January 2017. In consultation with the rehabilitation team it has been determined that further rehabilitative efforts are not practicable. Therefore, the Commander rendered him a rehabilitation a failure. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 21 March 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 28 March 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 June 2016 / 2 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 121 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92Y10, Unit Supply Specialist / 4 years, 2 months, 14 days d. Prior Service / Characterizations: RA, 29 January 2013 - 4 June 2016 / HD e. Overseas Service / Combat Service: SWA / Kuwait (3 June 2016 - 23 October 2016) f. Awards and Decorations: AAM-3, NDSM, KSM, GWOTEM, NCOPDR, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Army Substance Abuse Program (ASAP) Enrollment form, dated 6 November 2015, reflects the applicant was command referred to the ASAP. FG Article 15, dated 9 November 2015, for missing movement; give a false official statement (x2); and, disorderly conduct (11 October 2015). The punishment consisted of a reduction to E-3; forfeiture of $733 pay per month for two months ($773 suspended); and, extra duty for 45 days. Summary of Army Substance Abuse Program Rehabilitation Failure (memo), dated 3 January 2017, reflects the applicant's commander in consultation with the rehabilitation team, determined the applicant had not made satisfactory progress toward achieving the criteria for successful rehabilitation as outlined in AR 600-85, para 3-2 and 3-3. Discharge from military service should be effected. Several Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; a self-authored statement; and, his case separation packet. 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 3 January 2017, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP), declared the applicant a rehabilitation failure. The applicant had not made satisfactory progress toward achieving the criteria for successful rehabilitation as outlined in AR 600-85, para 3-2 and 3-3. Discharge from military service should be effected. The applicant contends that limited use information was introduced into his separation process emails from the ASAP counselor to his commander, which reflected that he tested positive for alcohol. However, 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 his overall service record. Limited use protection will not apply to test results, which indicate alcohol or other drug abuse occurring after the voluntary submission to the rehabilitation program. Further, the evidence of the record reflects the applicant was command referred to the Army Substance Abuse Program (ASAP). 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 28 November 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change 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 AR20170006717 1