1. Applicant's Name: a. Application Date: 4 December 2017 b. Date Received: 7 December 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, an upgrade will allow the applicant to be eligible for the Montgomery GI and Post 9/11 GI bill. The applicant completed three and half years of the first contract and reenlisted halfway through the contract, which was well within the window of opportunity, during a tour of Iraq. 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 depressed mood, Adult Antisocial Behavior, Alcohol Abuse, Alcohol Dependence, Anxiety Disorder, Bereavement, Depression, Closed Skull Fracture, and Mood Disorder. The VA has diagnosed the applicant with Paranoid Schizophrenia, PTSD, Homelessness, Cocaine Dependence, Cannabis Dependence, and Alcohol Abuse. 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 27 September 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, the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of PTSD and OBH), homelessness, and a prior period of honorable service. 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: 18 November 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 October 2011 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was discharged from Dwight D. Eisenhower Army Medical Center Level III SARP on 4 June 2011, for lack of motivation and medical reasons. According to the Rehabilitation Team, he had failed to rehabilitate as evidence of his continuing to drink and being arrested for a DUI on the same day of his discharge. His blood alcohol content was 0.18. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 18 October 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 2 November 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 November 2009 / 5 years b. Age at Enlistment / Education / GT Score: 28 / GED / 102 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92G10, Food Service Operations / 4 years, 8 months, 4 days d. Prior Service / Characterizations: RA, 13 February 2008 - 19 November 2009 / HD e. Overseas Service / Combat Service: SWA / Iraq (15 October 2009 - 14 September 2010) f. Awards and Decorations: ARCOM, AAM-3, NDSM, GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Virginia Uniform Summons, Newport News Police Department, dated 6 April 2011, reflects the applicant was arrested for: No Driver's License in Possession; Failure to Obey Highway Sign / No U-Turn. Army Substance Abuse Program Rehabilitation Failure Letter (memo), dated 14 June 2011, reflects the applicant was initially seen at Army Substance Abuse Program (ASAP) at Fort Eustis on 1 March 2011. He was evaluated and diagnosed with alcohol dependence. He was recommended to attend Level III treatment. The applicant entered Level III at Dwight D. Eisenhower Army Medical Center on 16 May 2011. He was discharged on 4 June 2011, for medical reasons and lack of motivation. On the same day, the applicant was charged with DUI (BAC 0.18). The consensus of the Rehabilitation Team was the applicant had failed to rehabilitate as evidenced by his continuing to drink and being arrested for a DUI. The applicant should be considered for administrative action as deemed appropriate by the command and in accordance with AR 600-85. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Physical Profile, dated 24 June 2011, reflects the applicant had the following medical conditions: Anxiety NOS. Report of Mental Status Evaluation, dated 24 June 2011, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with: Alcohol Dependence; in remission / Rule out PTSD/TBI. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; Constituent Inquiry. 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 4 June 2011, 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 he had continued to drink and was arrested for a DUI. The applicant contends that he had good service which included a combat tour. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The applicant contends that an upgrade of his discharge would allow him to be eligible for the Montgomery GI and Post 9/11 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 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 27 September 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, the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of PTSD and OBH), homelessness, and a prior period of honorable service. 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 AR20170019184 1