1. Applicant's Name: a. Application Date: 12 December 2018 b. Date Received: 28 January 2019 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, was raped and beaten up by a roommate and other Soldiers in the unit. The applicant contends that after the first attack, the applicant was hospitalized and had surgery on the face. When the applicant returned back to the unit after surgery, the applicant was attacked again and raped multiple times. After the first attack, the applicant started having migraines, ringing in the ears, balance issues, problems with memory and processing, panic attacks, nightmares, always feeling on guard and just felt like the whole world was turned upside down. All this and being harassed by the Soldiers that did this to the applicant was extremely hard to handle on a daily basis. The applicant became withdrawn from the world and hid behind drinking and did not care much for living for the entire time in the military. The applicant tried to reach for help at different times but after the applicant saw the leadership disregarded what happened, the applicant gave up on asking for help. The applicant struggled every day to try to find a way just to make it to the night just to be followed by nightmares. After a year in the unit, the applicant was transferred to another one on the same base along with one of the Soldiers that helped in beating the applicant up. Even with that thought, the applicant could have a fresh start, but physically and mentally, the applicant still straggled every day. The applicant would stay sober for short periods of time only to find oneself back drinking and hiding from the pain. When the applicant received new orders to be sent to a new unit stateside, the leadership in the unit decided to chapter the applicant out of the military instead because of all the trouble the applicant had gotten oneself into from drinking in both of the units. 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 Abuse, Alcohol Dependence, and Substance Use Disorder. The applicant is 100% service-connected for PTSD from the VA. The VA has also diagnosed the applicant with MST, TBI, Alcohol Use Disorder, Cannabis Use Disorder, and Bipolar Disorder. 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 6 October 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, homelessness, the circumstances surrounding the discharge (i.e. post-service diagnoses of PTSD, TBI, and MST), and the incapacity to serve. 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, and a change to the reentry eligibility (RE) code to 1. (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: 1 August 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 June 2008 (2) Basis for Separation: The applicant was informed of the following reasons: for being command referred on 16 August 2007 to the Army Substance Abuse Program (ASAP) because he had been driving while intoxicated and had fled the scene of a vehicle accident; After being enrolled in ASAP on 14 September 2007, he attended group sessions intermittently until 2 October 2007. He thereafter was referred and admitted to a residential treatment facility on 4 October 2007. During his time in the facility, he received fair report by the facility staff and on 14 November 2007, he was discharged from the treatment facility with a fair prognosis. From the point of his discharge until on or about 23 May 2008, he randomly participated in group counseling attending some sessions and missing others. Moreover, he reported consuming alcohol again as late as 20 May 2008. Consequently, his action demonstrated rehabilitation treatment failure. He was considered by the ASAP to be high-risk in that he used alcohol in a dangerous manner and stated that he no longer desired to participate in the ASAP. As such, the ASAP was of the impression that there was high potential for him to engage in additional incidents in the future. Therefore, the ASAP and the Command did not appear to be able to offer him the level of support that he appear to require to successfully attain and sustain an alcohol free lifestyle. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 8 July 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 24 July 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 November 2005 / 4 years, 26 weeks b. Age at Enlistment / Education / GT Score: 21 / HS Gradate / 101 c. Highest Grade Achieved / MOS / Total Service: E-3 / 63B10, Wheeled Vehicle Mechanic / 2 years, 8 months, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 13 February 2008, for physically controlling a vehicle while drunk and wrongfully leaving the scene of an accident without making his identity known on 29 July 2007. The punishment consisted of reduction to E-2, forfeiture of $350 (suspended), extra duty for 14 days, and restriction to the limits of company area, dining/medical facility, place of worship place of duty, and any and all ASAP programs, to include AA for 14 days. Memorandum for the Command concerning the Synopsis of ASAP Treatment Rehabilitation Failure. Report of Mental status evaluation, dated 2 June 2008, which shows the applicant had the mental capacity to understand and participate in the proceedings and met the retention requirements of chapter 3, AR 40-501. It was noted that the applicant was mentally responsible for his behavior, could distinguish right from wrong. Several negative counseling statements for various actions of misconduct and duty performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF; however, the documents submitted by the applicant from the Department of Veterans Affairs reference his rating decision shows he has been awarded 70 percent service connected disability for post-traumatic stress disorder with alcohol use disorder which was temporarily increased to 100 percent 12 July 2018 because of hospitalization over 21 days. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; decisions documents from the Department of Veterans Affairs; and DD Form 214. 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 23 May 2008, the unit commander in consultation with the Clinical Director/Army Substance Abuse Program (ASAP), declared the applicant a rehabilitation failure in the Substance Abuse Program. 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. The applicant seeks relief contending that he was raped and beaten up by his roommate and other Soldiers in his unit. He contends that after the first attack he was hospitalized and had surgery on his face. When he returned back to his unit after his surgery he was attacked again and raped multiple times. After his first attack he started having migraines, ringing in his ears, balance issues, problems with his memory and processing, panic attacks, nightmares, always feeling on guard and just felt like his whole world was turned upside down. All this and being harassed by the Soldiers that did this to him was extremely hard for him to handle on a daily basis. He became withdrawn from the world and hide behind drinking and did not care much for living for his entire time in the military. He tried to reach for help at different times but after he saw his leadership disregarded what happen he gave up on asking for help. He struggled every day to try to find a way just to make it to the night just to be followed by nightmares. After a year in his unit he was transferred to another one on the same base along with one of the Soldiers that helped in beating him up. Even with that thought he could have a fresh start but physically and mentally he still straggled every day. He contends he would stay sober for short periods of time only to find himself back drinking and hiding from the pain. When he received new orders to be sent to a new unit stateside, the leadership in his unit decided to chapter him out of the military instead because of all the trouble he had gotten himself into from drinking in both of his units. The applicant's contentions were noted; however, 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 at the time of discharge. Also, the record of evidence does not demonstrate that he sought relief from through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 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 6 October 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, homelessness, the circumstances surrounding the discharge (i.e. post-service diagnoses of PTSD, TBI, and MST), and the incapacity to serve. 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, and a change to the reentry eligibility (RE) code to 1. 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 / RE-1 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 AR20190003147 1