1. Applicant's Name: a. Application Date: 14 February 2019 b. Date Received: 19 February 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, that during the time he received his substance abuse failure his wife had left and he was on several different meds for mental health. He contends that he was placed in an out-patient facility. He believed his failure was due to all that was happening at the time. He is now rated 80 percent disabled; 50 percent of his VA rating is for his mental problems created by his service. He also now has a service dog that he feels he can't go without. 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 with mixed anxiety and depressed mood; Alcohol Dependence with intoxication; Cannabis Dependence; Opioid Dependence; Nicotine Dependence. The applicant is 70% service- connected from the VA. The VA has also diagnosed the applicant with MDD. 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 16 September 2020, and by a 4-1 vote, the Board determined the discharge is inequitable based on the circumstances surrounding the discharge (diagnosis of OBH), and 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. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Drug Rehabilitation Failure / Chapter 9, AR635-200 / JPC / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 7 March 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: 8 February 2018 (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 September 2016 / 3 years b. Age at Enlistment / Education / GT Score: 20 / GED / 115 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 8 months, 7 days d. Prior Service / Characterizations: RA, 12 May 2014 to 3 July 2014 / UNC RA, 4 July 2014 to 31 August 2016 / HD e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: AGCM, NDSM, GWEOTSM, KDSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 8 December 2017, for failure to go at the time prescribed to his appointed place of duty on 16 September 2017, 18 September 2017, and 3 October 2017, being disrespectful in deportment towards SSG Space a noncommissioned officer on 29 August 2017, disobeying a lawful order from SGT Printz, a noncommissioned officer on 12 October 2017, and disobeying a lawful order from 2LT Kraemer, a commissioned officer on 18 September 2017. The punishment consisted of reduction to E-2, forfeiture of $896.00 pay per month for two months (suspended), and extra duty and restriction for 45 days. Army Substance Abuse Program (ASAP) Enrollment, indicating the applicant was command referred after being found intoxicated by MP's in possession of marijuana. It was noted in the Rehabilitation Team Meeting Results section that the applicant was being discharged from the SUDCC Program due to recent use and failure to take his treatment seriously. Several negative counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 7 December 2017, which indicates the applicant was diagnosed with cannabis use disorder, severe; opioid disorder, severe (early partial remission; and alcohol use disorder, severe. It should be noted; although the Army Substance Abuse Program (ASAP) Enrollment document in the record indicate the applicant was command referred after being found intoxicated by MP's in possession of marijuana. It was noted that the applicant initially referred himself to SUDCC subsequent to verbalizing personal concerns about his alcohol and illicit drug use. The applicant reported he was concerned his unit might discover his active drug use. At the time of his assessment for substance related concerns, the applicant had never tested positive for illicit drug use. The applicant began group counseling as recommended during his initial RTM (Rehabilitation Team Meeting) on 31 October 2017. Throughout his group attendance, he verbalized he was wasting his time coming "to these groups" asserting his personal preferences with the use of inappropriate language and angry outbursts. The applicant's loud and obnoxious behaviors resulted aligning with other group members who were encouraged to verbalized their dissatisfactions in being required to attend SUDCC Group Sessions. On 5 December 2017, the applicant disclosed within the group setting that he had been discovered "passed out drunk with and in possession of marijuana." The applicant justified his use by reporting he had discovered his wife had had an abortion. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; medical records (diagnosis history), which makes reference to adjustment disorder with mixed anxiety and depressed mood and alcohol dependence with intoxication, uncomplicated; and DD Form 214 for the period of service under review. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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 available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 9, by reason of Drug Rehabilitation Failure, with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, all the requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The applicant seeks relief contending, that during the time he received his substance abuse failure his wife had left and he was on several different meds for mental health. He contends that he was placed in an out-patient facility. He believed his failure was due to all that was happening at the time. He is now rated 80 percent disabled; 50 percent of his VA rating is for his mental problems created by his service. He also now has a service dog that he feels he can't go without. The applicant's contentions were noted; however, it is unknown if these contentions have merit because the complete facts and circumstances leading to the discharge are not contained in the service record. The applicant's issues relating to his 80 percent rating for disability from the VA was noted also; 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. The burden of proof remains with the former Soldier to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the discharge packet is not available in the official record. Based on the available record, the discharge appears 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 16 September 2020, and by a 4-1 vote, the Board determined the discharge is inequitable based on the circumstances surrounding the discharge (diagnosis of OBH), and 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. 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 AR20190003396 1