1. Applicant's Name: a. Application Date: 31 May 2018 b. Date Received: 4 June 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and a change to reentry eligibility (RE) code. The applicant seeks relief contending, in effect, would like an upgrade of discharge for the purpose of being able to reenlist and use the GI Bill benefits for college. The applicant contends that during the term of service, the applicant served honorably and was very good at the job. The applicant had a deployment to Iraq and several training courses. The applicant had a problem with drinking while in and especially after deployment. Things that went on during the deployment and after caused the applicant to drink more. The applicant was very bad with the alcohol in which the applicant used to numb the thoughts and mind. The applicant has not drank alcohol since 31 December 2011 and has not been in legal or any type of trouble since discharge. The sergeant twisted the events so the applicant would be kicked out and the applicant being stupid and young at the time, didn't care and still regrets the decision not to fight it every day. The applicant does not feel one deserves the current characterization of service for this one incident which is preventing the applicant from going to college with GI Bill benefits considering the rest of the service was served honorably. 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 Alcohol Dependence, Adjustment Disorder with depressed mood, and Depression. The VA has diagnosed the applicant with PTSD, Obsessive Compulsive Disorder, Opioid Dependence, and Alcohol Dependence. 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 18 December 2019, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service, to include combat service, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of PTSD and 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: 9 March 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 31 January 2011 (2) Basis for Separation: The applicant was informed of the following reason: for his Alcohol or Other Drug Abuse Rehabilitation Failure (on 24 July 2010, he was declared a rehabilitation failure and released from the Army Substance Abuse Program, due to his continued use of alcohol). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 2 February 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 February 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 December 2008 / 3 years, 19 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-2 / 11B1P, Infantryman / 2 years, 2 months, 10 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (15 October 2009 to 26 June 2010) f. Awards and Decorations: NDSM, ICM-CS, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 19 January 2010, for wrongfully consuming alcohol while under the age of 21 on 9 January 2010. The punishment consisted of forfeiture of $724.00 pay per month for two months, extra duty and restriction for 45 days, and oral reprimand. Memorandum, dated 25 July 2010 which indicates the commander requested that the applicant receive a breathalyzer test AT 0300 because the applicant was found to be under the influence of alcohol by the company charge of quarters. When SFC B. confronted the applicant at 0700 hours he noticed alcohol on his breath. The applicant was enrolled in the Army Substance Abuse Program and was not authorized to consume alcohol IAW AR 600-85. Serious indecent reports. Memorandum for Commander, dated 3 December 2010 "Synopsis of Rehabilitation Efforts" pertaining to the applicant showing he was declared a rehabilitation failure due to his inability to abstain from alcohol use while enrolled in ASAP. Counseling statements reference enrollment in the Army Substance Abuse Program and other negative performance actions. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Behavioral Health Evaluation, dated 12 January 2011, which shows the applicant was diagnosed with alcohol dependence. It was noted that the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. The applicant was psychiatrically cleared for any administrative action deemed appropriate by his command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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. 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 a change to his reentry eligibility (RE) code. 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 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 evidence of record shows the applicant was separated under the provisions of Chapter 9, AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Alcohol Rehabilitation Failure," and the separation code is "JPD." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The appropriate RE code is 4. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending that during his term of service he served honorably and was very good at his job. He had a deployment to Iraq and several training courses. He had a problem with drinking while he was in and especially after his deployment. Things that went on during his deployment and after caused him to drink more. He was very bad with the alcohol in which he used to numb his thoughts and mind. He has not drink alcohol since 31 December 2011 and has not been in legal or any type of trouble since his discharge. He contends his sergeant twisted the events so he would be kicked out and him being stupid and young at the time, didn't care and still regret his decision not to fight it every day. He does not feel he deserves his current characterization of service for this one incident which is preventing him from going to college with his GI Bill benefits considering the rest of his service was served honorably. The applicant's contentions were noted; however, the service record indicates the applicant committed the same incident multiple times, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. Although the applicant claims he was young at the time of his 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 applicant seeks relief contending that he would like an upgrade of his discharge for the purpose of being able to reenlist and use his GI Bill benefits for college. However, at the time of discharge the applicant was appropriately assigned a reentry eligibility (RE) code of 4. An RE code of 4 cannot be waived and the applicant is not eligible to reenlist. Further, 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 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. 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 December 2019, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service, to include combat service, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of PTSD and 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 AR20180009675 1