1. Applicant's Name: a. Application Date: 7 February 2019 b. Date Received: 11 February 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant seeks relief contending, in effect, was deployed to Iraq between 2009 and 2010 and deployed to Afghanistan between 2011 and 2012. Since then, the applicant has been diagnosed with TBI, from multiple IED blasts and PTSD, due to the combat deployments. The applicant was awarded the Good Conduct Medal previous to these combat deployments and considered oneself to be an above average Soldier. When the unit returned from the combat zones, the applicant did not realize the applicant was dealing with PTSD and was masking these symptoms with substances. Since the applicant began receiving treatment from the VA, the applicant has begun college, had a son and is to be married this year. 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, Insomnia, Anxiety Disorder, Depressed Mood, Alcohol Dependence, and Alcohol Abuse. Post- service, the applicant has a 70% service-connected rating for PTSD; 40% for TBI. In summary, the applicant had a BH diagnosis that is partially mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 29 March 2019, and by a 5-0 vote, the Board determined the discharge is 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 TBI), post-service accomplishments, 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. 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: Drug Rehabilitation Failure / AR 635- 200 / Chapter 9 / JPC / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 20 November 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 22 October 2012 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 3 October 2012, he was declared a Rehabilitation Failure for misusing his medication (Ambien). Additionally, when recommending his characterization of service, the commander had considered the following: On or about 16 June 2012, he was disrespectful to a commissioned officer. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 23 October 2012, the applicant waived his rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 24 October 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 November 2010 / 4 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11C10, Indirect Fire Infantry / 4 years, 1 month, 19 days d. Prior Service / Characterizations: RA, 2 October 2008 - 16 November / HD e. Overseas Service / Combat Service: SWA / Afghanistan (4 April 2011 - 6 March 2012) / Iraq (7 August 2009 - 27 July 2010) f. Awards and Decorations: ARCOM-2, AGCM, NDSM, ACM-2CS, ICM-CS, ASR, OSR-2 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Army Substance Abuse Program (ASAP) Enrollment form, dated 27 July 2012, reflects the applicant was command-referred in the ASAP. FG Article 15, dated 6 September 2012, for disrespect toward a superior commissioned officer (on 16 June 2012). The punishment consisted of a reduction to E-1; forfeiture of $745 pay per month for two months (suspended); and, extra duty and restriction for 45 days. Synopsis of Rehabilitation efforts (memo), dated 12 October 2012, reflects the applicant's rehabilitation team met on 3 October 2012, and, determined the applicant had not made satisfactory progress toward achieving the criteria for successful rehabilitation. The applicant had driven his car while in a blackout after misusing his medication (Ambien) and failed to report for duty on 2 October 2012. The applicant was permitted to continue ASAP counseling while his chapter discharge is pending. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical Examination, dated 12 September 2012, the examining medical physician noted in the comments section: Anxiety Disorder Nos; Insomnia; and, Depressed Mood. The applicant provided a copy of his VA disability rating decision, dated 19 December 2018, which reflects the applicant was rated 70 percent disability for PTSD (also claimed as sleep disorder); and, 40 percent disability for TBI. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; VA Rating Decision. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, since he began receiving treatment from the VA, he has begun college, had a son and is to be married this year. 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 3 October 2012, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP), declared the applicant a rehabilitation failure. The applicant failed to maintain abstinence from alcohol and had driven his car while in a blackout after misusing his medication (Ambien) and failed to report for duty on 2 October 2012. The applicant contends the VA has granted him a service connected disability for PTSD and TBI. The fact the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. The applicant contends that he had good service which included two combat tours. 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 Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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 29 March 2019, and by a 5-0 vote, the Board determined the discharge is 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 TBI), post-service accomplishments, 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. 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 AR20190002283 1