1. Applicant's Name: a. Application Date: 18 February 2017 b. Date Received: 16 May 2017 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, his request is based on his deferred court case; completion of educational therapy; completion of 48 hours of community service; attending MADD classes; and, completion of UA therapy and education in a timely manner. The applicant states, he would like to apologize for his separation due to a Chapter nine. Since his discharge, he has had no further alcohol incidents. He has attended treatments and successfully completed level-two therapy and education at his local VA. He has attended MADD classes and served 48 hours of community service as a result of mistake. Since his alcohol-related incident, he has not used alcohol and he has learned that alcohol can make one have bad judgement calls that cause life changing events to happen. He states, as a young man at only 20 years old, he had made a bad judgement call that caused his life to change drastically. He is requesting for a second chance to get it right. Since his discharge, he has a new addition to his family with a daughter. One of the reasons he is requesting an upgrade is to go back to college and further his education in high performance technology, which he is just a few credits away from earning his Associates degree. His goal is to put his family in a better financial position for the future. In a records review conducted at Arlington, VA on 3 October 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 b. Date of Discharge: 30 July 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 16 July 2015 (2) Basis for Separation: The applicant was informed of the following reasons: On 24 April 2015, he was charged with two counts of Reckless Endangerment, Harassment; Driving under the Influence, Driving under the Influence Per Se, Reckless Driving, and Consumption of Alcohol under the age of 21. On 22 March 2015, he was arrested for Drunk and Disorderly Conduct. Subsequently, on 28 April 2015, he was designated an Army Substance Abuse Program (ASAP) Failure, IAW AR 600-85. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 16 July 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 January 2013 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 18 / 1 year college / 96 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92G10, Food Service Specialist / 2 years, 6 months, 6 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Summary of Army Substance Abuse Program Rehabilitation Failure (memo), dated 30 April 2015, reflects the applicant's Command contacted ASAP on 28 April 2015, regarding an alcohol related incident that occurred on 24 April 2015, while the applicant was enrolled at ASAP. The applicant had attended his evaluation, RTM with command present, treatment planning session and one group at ASAP prior to 24 April 2015. The applicant proved to be a liability to his unit due to his alcohol use. His progress while in ASAP, had been poor and his prognosis was poor. He had reasonable opportunity for rehabilitation and based on AR 600-85, the applicant met criteria for a Chapter 9 rehabilitation failure. Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Confined by Civil Authorities (CCA)," effective 24 April 2015; and, From "CCA" to "PDY," effective 27 April 2015 i. Lost Time / Mode of Return: 3 days (CCA, 25 April 2015 - 27 April 2015) / Released from Confinement j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; a self-authored statement; civil court case documents; Community Service completion document; photograph; and, a therapy completion document. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, he has had no further alcohol incidents and has completed community service. 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. 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 30 April 2015, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP), declared the applicant a rehabilitation failure. The applicant did not have the potential for continued military service because his lack of poor progress and his poor prognosis. Based on AR 600-85, the applicant met criteria for a Chapter 9 rehabilitation failure. The applicant contends that he was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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 that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 3 October 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 AR20170010271 4