1. Applicant's Name: a. Application Date: 30 March 2018 b. Date Received: 30 March 2018 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, has no opportunity of obtaining a good job and with the option to study taken away as well having difficulty obtaining treatment for rehabilitation. The applicant began drinking because of feeling anxious, isolated, frustrated and felt the applicant was nothing to the Military. The applicant used alcohol as the way to get through the emotions that the applicant did not understand. The anxiety, depression, and high awareness has increased because the applicant is having difficulty getting treatment at the VA Medical Center in Puerto Rico due to discharge. The applicant desires to attend school and receive care at the VA Medical center to work on rehabilitation. 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 Other Psychotic Disorder, Schizophrenia, Alcohol Induced Depressive Disorder, and Cannabis and Cocaine Use Disorders, Major Depressive Disorder and Alcohol Use Disorder. The applicant does not currently have a service-connected rating from the VA. In summary, the applicant does not have 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 22 May 2019, and by a 4-1 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 incapacity to serve, and the circumstances surrounding the discharge (i.e. in-service diagnosis of 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: 23 December 2016 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 12 October 2016 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he was enrolled into the Army Substance Abuse Program on 27 July 2016 as a command referral for an alcohol related incident where he was found intoxicated and asleep in his car; he was involved in a motor vehicle accident (6 August 2016); and he has failed to attain any measure of sustained abstinence from alcohol and has not made a commitment to discontinue the use of alcohol, even while enrolled in ASAP. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 28 November 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 5 December 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 January 2015 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 21 years / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-3 / 13F10, Fire Support Specialist / 1 year, 11 months, 11 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan, 15 January 2016 to 17 June 2016 f. Awards and Decorations: ARCOM, NDSM, ACM-CS, GWOTSM, ASR, NATO MDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant received a negative counseling statement dated 20 July 2016, informing him of various actions being taken against him. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 9 August 2016, shows that the applicant had Axis I, II and III, Medical diagnoses are documented in AHLTA in accordance with AR 40-66. He was screened for PTSD and mTBI, these conditions were either not present or, if present, do not meet AR 40-501 criteria for a medical evaluation board. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); DD Form 214; service request all details; and a National Personnel Records Center letter. 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, in effect, he has no opportunity of obtaining a good job and with the option to study taken away as well having difficulty obtaining treatment for his rehabilitation; his anxiety, depression, and high awareness has increased because he is having difficulty getting treatment at the VA Medical Center in Puerto Rico due to his discharge; and he desires to attend school and receive care at the VA Medical center to work on his rehabilitation. 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 further contends, he began drinking because he felt anxious, isolated, frustrated and felt he was nothing to the Military; he used alcohol as the way to get through his emotions that he did not understand. The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Community Counseling Center and other medical resources available to all Soldiers. 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 22 May 2019, and by a 4-1 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 incapacity to serve, and the circumstances surrounding the discharge (i.e. in-service diagnosis of 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 AR20180005439 1