1. Applicant's Name: a. Application Date: 20 March 2019 b. Date Received: 1 April 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The current characterization of service for the period under review is general, under honorable conditions. The applicant requests a change of his reentry (RE) code. The applicant seeks relief contending, in effect, he would like to rejoin the military. In a records review conducted on June 30, 2021, and by a 5-0 vote, the Board determined the characterization of service was inequitable based on the applicant's length of service and the circumstances surrounding the discharge (post-service diagnosis of PTSD, OBHI). 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. Please see Section 9 of this document for more detail regarding the Board's decision (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: 22 May 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 January 2015 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was deemed an Army Substance Abuse Failure. In addition, the applicant was arrested for driving under the influence of alcohol on two separate occasions, disrespected a noncommissioned officer, and failed to report to his place of duty on divers occasions. (3) Recommended Characterization: General, under honorable conditions (4) Legal Consultation Date: 21 January 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 March 2015 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 January 2012 / 3 years, 19 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B, Infantryman / 3 years, 3 months, 29 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR, OSR, Parachutist Badge g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG, Article 15, dated 31 July 2013; violation of Article 86, UCMJ x3, violation of Article 91, UCMJ. Punishment consisted of reduction to Private/E-2; extra duty and restriction for 14 days. FG Article 15, dated 4 December 2014; violation of Article 111, UCMJ. Punishment consisted of reduction to private/E-1; forfeiture of 765.00 per month for two months, and extra duty and restriction for 45 days. GOMOR, dated 20 October 2014, for driving under the influence of alcohol on 30 August 2014. The applicant failed a series of Standardized Field Sobriety Tests and provided a breath sample with a result of .155%. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: A C&P Report dated 17 December 2014, reflects the applicant had an Alcohol Use Disorder, moderate. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149, 3 Letters of Recommendation 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. STATUTORY, REGULATORY AND POLICY REFERENCE(S): a. Section 1553, Title 10, United States Code (Review of Discharge or Dismissal) provides for the creation, composition, and scope of review conducted by a Discharge Review Board(s) within established governing standards. As amended by Sections 521 and 525 of the National Defense Authorization Act for Fiscal Year 2020, 10 USC 1553 provides 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), Traumatic Brain Injury (TBI), sexual trauma, intimate partner violence (IPV), or spousal abuse, as a basis for discharge review. The amended guidance provides 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, sexual trauma, IPV, or spousal abuse, as a basis for the discharge. Further, the guidance provides that Military Boards for Correction of Military/Naval Records and Discharge Review Boards will develop and provide specialized training specific to sexual trauma, IPV, spousal abuse, as well as the various responses of individuals to trauma. b. Multiple Department of Defense Policy Guidance Memoranda published between 2014 and 2018. The documents are commonly referred to by the signatory authorities' last names (2014 Secretary of Defense Guidance [Hagel memo], 2016 Acting Principal Deputy Under Secretary of Defense for Personnel and Readiness [Carson memo], 2017 Official Performing the Duties of the Under Secretary of Defense for Personnel and Readiness [Kurta memo], and 2018 Under Secretary of Defense for Personnel and Readiness [Wilkie memo]. (1) Individually and collectively, these documents provide further clarification 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. (2) 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. c. Army Regulation 15-180 (Army Discharge Review Board), dated 25 September 2019, sets forth the policies and procedures under which the Army Discharge Review Board is authorized to review the character, reason, and authority of any Servicemember discharged from active military service within 15 years of the Servicemember's date of discharge. Additionally, it prescribes actions and composition of the Army Discharge Review Board under Public Law 95-126; Section 1553, Title 10 United States Code; and Department of Defense Directive 1332.41 and Instruction 1332.28. d. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. (1) Chapter 3, Section II provides the authorized types of characterization of service or description of separation. (2) Paragraph 3-7a states an Honorable discharge is a separation with honor and is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. (3) Paragraph 3-7b states a General discharge is a separation from the Army under honorable conditions and is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. (4) Chapter 9 outlines the procedures for discharging individuals because of alcohol or other drug abuse. A member who has been referred to 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. e. 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 "JDP" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 9, Alcohol Rehabilitation Failure. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JDP" will be assigned an RE Code of "4." 8. DISCUSSION OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. The documents pertaining to the applicant's enrolment into ASAP and declaring him a rehabilitation failure are not available for review; however, for this type of discharge, the applicant would have been enrolled in ASAP and would have been 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. The applicant request his RE code be change in order to rejoin the military. The third party statements provided with the application spoke highly of the applicant's performance. The authors recognized his good performance while in the Army and after his separation. 9. BOARD DISCUSSION AND DETERMINATION: a. As directed by the 2017 memo signed by A.M. Kurta, the board considered the following factors: (1) Did the applicant have a condition or experience that may excuse or mitigate the discharge? YES, the applicant held in-service diagnoses of PTSD, Adjustment Disorder, and Alcohol Dependence. Post-service, the applicant holds a diagnosis of Mood Disorder NOS with the provider noting "likely" ongoing PTSD. (2) Did the condition exist or experience occur during military service? YES, the applicant held in-service diagnoses of PTSD, Adjustment Disorder, and Alcohol Dependence. (3) Does the condition or experience actually excuse or mitigate the discharge? YES, it is this medical advisor's opinion the applicant was experiencing PTSD throughout his service. Given substance use, avoidance, and difficulty with authority are related to PTSD, especially with this applicant's specific traumas and background, the misconduct resulting in a General characterization of service is mitigated. (4) Does the condition or experience outweigh the discharge? PARTIALLY, the misconduct in the basis of separation leading to a General (Under Honorable Conditions) characterization of service was mitigated; however, the applicant was undergoing treatment and did fail his alcohol rehabilitation. b. The applicant requests his RE code be change in order to rejoin the military. The documents pertaining to the applicant's enrolment into ASAP and declaring him a rehabilitation failure are not available for review; however, for this type of discharge, the applicant would have been enrolled in ASAP and would have been 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. 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 "JDP" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 9, Alcohol Rehabilitation Failure. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JDP" will be assigned an RE Code of "4." c. Rationale for Decision: (1) The board voted to change the applicant's characterization of service because given substance use, avoidance, and difficulty with authority are related to PTSD, especially with this applicant's specific traumas and background, the misconduct resulting in a General characterization of service is mitigated. (2) The board voted not to change the reason to because the applicant was enrolled in alcohol treatment and he was deemed failure by his chain of command as is their purview. (3) Because the reason was not changed, the SPD/RE codes will not change. 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 AMHRR - Army Military Human Resource Record BCD - Bad Conduct Discharge BH - Behavioral Health CG - Company Grade Article 15 CID - Criminal Investigation Division ELS - Entry Level Status FG - Field Grade Article 15 GD - General Discharge HS - High School HD - Honorable Discharge IADT - Initial Active Duty Training MP - Military Police MST - Military Sexual Trauma NA - Not applicable NCO - Noncommissioned Officer NIF - Not in File NOS - Not Otherwise Specified OAD - Ordered to Active Duty OMPF - Official Military Personnel File PTSD - Post-Traumatic Stress Disorder RE - Reentry SCM - Summary Court Martial SPCM - Special Court Martial SPD - Separation Program Designator TBI - Traumatic Brain Injury UNC - Uncharacterized Discharge UOTHC - Under Other Than Honorable Conditions VA - Department of Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20190011970 5