1. Applicant's Name: a. Application Date: 29 September 2017 b. Date Received: 5 October 2017 c. Representative: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and to change the narrative reason for his discharge. The applicant seeks relief contending, in effect, his discharge was improper because it was based on a series of incidents that have since been determined as service-connected behavioral health related incidents. He was enrolled in the Army Substance Abuse Program (ASAP) Rehabilitation on three occasions, November 2010, January 2011, and May 2013. He served two combat tours: Iraq (August 2009 to July 2010) and Afghanistan (December 2011 to December 2012). He was a highly decorated Soldier who experienced death and destruction during his tours. At no time during the evaluations for the alcohol-related incidents was he ever referred for mental health assessments, other than those directly relating to the alcohol abuse disorder. As documented throughout his deployment/post deployment medical files, they indicate that he suffered from sleep difficulties, nightmares, anger disorders, feelings of numbness and detachment, and other issues. 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 a medical or behavioral health condition that was mitigating for the offenses which led to his separation from the Army. SMs electronic military medical records indicated diagnoses of Alcohol Abuse and Dependence, Marital Problem, and PTSD. Medical note dated 19 January 2010 indicated SM was command referred to behavioral health after breaking up with his girlfriend and sending her a text message with a gun lighter to his head. MPs were contacted, but SM denied being suicidal at the time of his gesture. Medical provider recommended that Command send SM to ASAP upon redeployment and it was indicated that he was command referred in the past but did not attend. Prior to deployment he admitted to drinking about a pint of whisky or vodka daily and experiencing withdrawal symptoms in theater. Medical note dated 22 January 2010 (while in theater) indicated SM had a history of behavioral problems prior to the military to include being arrested for reckless driving, being in a juvenile detention center for violating house arrest, and being kicked out of his adoptive parents home at 16 for behavior problems. He lived in a homeless shelter for teens prior to joining the Army. Military records indicated SM was admitted to an inpatient treatment facility for detox and treatment from 19 November to 15 December 2010. He was dis-enrolled from ASAP on 11 January 2011 after successful completion of the program. He was reenrolled in ASAP on 21 January because of a medical referral and successfully completed the program on 13 May 2011. Treatment entailed individual and group therapy. He was first diagnosed with PTSD on 2 March 2011; however, he only attended 2 counseling sessions focused on PTSD symptoms. Behavioral health treatments primarily focused on marital and occupational stressors and included the use of Ambien and Trazadone for Insomnia. During his second deployment he violated General Order 1B by consuming alcohol. Punishment included a demotion. Upon returning home, SM was arrested on 6 May 2013 for driving with a suspended license and speeding and on 16 May 2013 he received a DUI and was referred to ASAP on 20 May 2013. On 28 May 2013, the ASAP medical provider determined SM had not made satisfactory progress toward achieving the criteria for successful rehabilitation. ASAP staff concurred with Commander to declare SM a rehab failure and to initiate discharge action. The Report of Medical History dated 28 May 2013 indicated SM endorsed trouble sleeping and daily headaches as a result of a concussion from Iraq. SM has a 90% service connected rating from the VA for PTSD. VA treatment is focused on PTSD symptoms, housing problems, family disruption due to divorce, and alcohol and cannabis dependence. In summary, the basis of separation includes misconduct (2 time ASAP enrollment) from his previous period of service for which he received an HD. The current basis of separation should only include the DUI and referral to ASAP; however, it is unclear if SM actually failed ASAP. Although it was his 3rd enrollment overall, it was his first enrollment for the current period of service and there does not appear to be adequate time given to determine the successfulness and effectiveness of treatment since he was enrolled on 20 May 2013 and on 28 May 2013 an ASAP medical provider determined SM had not made satisfactory progress toward achieving the criteria for successful rehabilitation. In summary, SMs diagnosis of PTSD and other behavioral health conditions can be associated with alcohol and substance abuse and there is a nexus between his misconduct (DUI) and his behavioral health conditions. In a records review conducted at Arlington, VA on 18 May 2018, and by a 5-0 vote, the Board determined that the characterization of service was improper 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 OBH and PTSD). 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: 5 November 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 September 2013 (2) Basis for Separation: The applicant was informed of the following reasons: He was enrolled in ASAP and was admitted to the inpatient treatment facility for detoxification and treatment from 19 November 2010 through 15 December 2010, and was dis-enrolled upon successfully completing the program. On 21 January 2011, he was medically referred to ASAP, in which he successfully participated and completed the program. On 20 May 2013, as a result of a DUI, he was referred to ASAP for the third time. On 31 July 2013, he was declared a Substance Abuse Rehabilitation failure by the ASAP rehabilitation team. (3) Recommended Characterization: In an undated memorandum / General (Under Honorable Conditions) (4) Legal Consultation Date: 16 September 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 December 2012 / 3 years, 2 months (The applicant extended an additional two months to his three-year reenlistment on 15 May 2013.) b. Age at Enlistment / Education / GT Score: 18 / GED / 103 c. Highest Grade Achieved / MOS / Total Service: E-5 / 12B10, Combat Engineer / 5 years, 10 months, 3 days d. Prior Service / Characterizations: RA (3 January 2008 to 9 December 2012) / HD e. Overseas Service / Combat Service: SWA / Iraq (9 August 2009 to 23 July 2010), Afghanistan (3 December 2011 to 1 December 2012) f. Awards and Decorations: ARCOM; AAM-3; AGCM; NDSM; ACM-CS; ICM-CS; NCOPDR; ASR; OSR-2; NATO MDL; CAB; MUC g. Performance Ratings: None rendered during the period of service under current review. h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for violating a general order by consuming alcohol; receiving a DUI; being recommended for command-referral into ASAP and UCMJ action; being command-referred to Freedom Care for alcohol-related issues; being demoted while in Afghanistan; being caught drinking in a combat zone; having financial issues; and pending divorce and child support being due. FG Article 15, dated 21 April 2012, for violating a lawful general order by wrongfully consuming alcohol beverages on 11 April 2012. The punishment consisted of a reduction to E-4, forfeiture of $1,133 pay per month for two months, and 30 days of extra duty and restriction. Memorandum for Record, dated 7 May 2013, with commander's report, provided a summary of the applicant being arrested by the MPs for driving on a suspended license and speeding. A civilian State Patrol Report of Investigation and its associated documents, dated 16 May 2013, indicates the applicant was the subject of an investigation for operating a vehicle while under the influence of intoxicants. Memorandum, dated 21 June 2013, rendered by the clinical director of ASAP, provided a summary of the applicant's ASAP enrollment, and in view of the applicant's failure to display significant progress towards rehabilitation, and in concurrence with the applicant's commander decision, the director declared him a rehabilitation failure and recommended to initiate a discharge action. Memorandum for Record, dated 31 July 2013, rendered by the unit commander, determined that further rehabilitation efforts for the applicant was not practical, and declared that he was a rehabilitation failure. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 13 June 2013, indicates the applicant and the examiner noted behavioral health issues deriving from a concussion in Iraq, and treatment. Applicant's documentary evidence: medical records, dated 15 and 20 December 2010, provide a history of behavioral health issues and treatments, and medical records, dated 23 March 2011 and 18 April 2011, show diagnoses of PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 9 September 2017; DD Form 214; AAM certificate; CAB Orders; NCOER (20120424); memorandum for record, dated 7 May 2013; memorandum (ASAP), dated 21 June 2013; memorandum (notification), undated; memorandum (commander's report), undated); medical records, dated 19 and 22 January 2010, 13 June 2010, 15 and 20 December 2010, 23 March 2011, 18 April 2011, and 21 November 2012; Post-Deployment Health Assessment, undated; TBI Scores by Date; medical record, 15 December 2010; and two Post-Deployment Health Assessments (PDHA), dated 30 July 2010 and 21 November 2012. 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. 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 and to change the narrative reason for his discharge. The applicant's available record of service, and the issues and documents 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, an alcohol 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 applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant contends that the series of incidents which led to his discharge have since been determined as service-connected behavioral health related incidents. 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 his misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 9 is "Alcohol Rehabilitation Failure," and the separation code is JPD. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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 18 May 2018, and by a 5-0 vote, the Board determined that the characterization of service was improper 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 OBH and PTSD). 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 AR20170017732 7