1. Applicant's Name: a. Application Date: 31 August 2018 b. Date Received: 12 November 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, at the time of discharge, the applicant was dealing with three brain injuries that the applicant still suffers from today. The applicant was struggling with an alcohol addiction. The applicant was in the middle of a bad divorce and felt like there was no help. The applicant received only one counseling during an entire military career. The applicant attempted suicide in January 2017 and instead of helping the applicant through the situation, the unit said it would be easier to get out and cut some of the stress. The applicant no longer drinks and still get helps from the VA. The applicant would also like to join the police force and continue serving the country. 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 Major Depressive Disorder, Adjustment DO with Disturbance of Conduct, and Antisocial Personality Disorder. The applicant is 90% service-connected; 50% for Major Depressive Disorder and 10% for mTBI from the VA. 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 3 July 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of OBH and TBI), and a prior period of honorable service. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF. (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: 16 February 2017 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 8 February 2017 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; on 1 November 2016 he was medically referred into the Army Substance Abuse Program (ASAP) for alcohol abuse and provided education and counseling. On 18 November 2016, while enrolled and participating in the ASAP out-patient program, he admitted to drinking. Based on his use of banned substance, subsequent to enrollment, he has failed rehabilitation efforts. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 8 February 2017, applicant waived legal counsel, (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 June 2016 / 3 years, 2 weeks / block 12a on the applicant's DD Form 214 dated entered active duty this period is incorrect and should read as annotated in the Case Report and Directive. See current enlistment contract. b. Age at Enlistment / Education / GT Score: 22 years / HS Graduate / 116 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91B10, Wheeled Vehicle Mechanic / 4 years, 5 months, 7 days d. Prior Service / Characterizations: ARNG, 24 June 2010 to 29 July 2011 / UNC (Break In Service) ARNG, 24 October 2013 to 19 November 2013 / NA IADT, 20 November 2013 to 24 June 2014 / HD ARNG, 25 June 2014 to 7 June 2016 / HD e. Overseas Service / Combat Service: SWA / United Arab Emirates, 16 August 2016 to 18 October 2016 f. Awards and Decorations: NDSM, GWOTSM, ASR, OSR, MUC g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 27 December 2016, relates that the applicant was diagnosed with a bipolar disorder, insomnia and depression. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); letter, VA preference for employment; VA letter, summary of benefits (two pages); letter, VA certification of service dates; letter, VA verification of characterization of service; Report of Medical Examination (three pages); Report of Medical History (three pages); Report of Medical Assessment (two pages); physical profile record (two pages); laboratory results (two pages); chronological record of medical care (one page); Hearing conservation data (one page); and past medical history (six pages). 6. POST SERVICE ACCOMPLISHMENTS: The applicant states he is in school studying for a degree in criminal justice. 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, at the time of his discharge he was dealing with three brain injuries that he still suffer from today. The service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. The record of evidence does show that the applicant was diagnosed with a bipolar disorder, insomnia and depression. The applicant further contends, he was struggling with an alcohol addiction. The applicant was enrolled the ASAP out-patient program and he admitted to drinking. Based on his use of banned substance, subsequent to enrollment, he was declared a rehabilitation failure. The applicant also contends, he was in the middle of a bad divorce, and he felt like he had no help. The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Family Support Services, Community Counseling Center, and other resources available to all Soldiers. The applicant additionally contends, he received only one counseling during his entire military career. 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. Furthermore, the applicant contends, he attempted suicide in January 2017 and instead of helping him through the situation, his unit said it would be easier to get out and cut some of the stress. 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. Moreover, the applicant contends, he no longer drinks and still get help from the VA. The applicant is to be commended for his efforts. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. Lastly, the applicant contends, he would also like to join the police force; and continue serving his country. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Soldiers being processed for separation are assigned reentry codes based on their service reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 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 3 July 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (i.e. in- service and post-service diagnoses of OBH and TBI), and a prior period of honorable service. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, paragraph 5-3 e. Change SPD / RE Code to: JFF / 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 AR20180016938 1