1. Applicant's Name: a. Application Date: 24 October 2019 b. Date Received: 1 November 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 an upgrade to honorable. The applicant seeks relief contending, in effect, the discharge is improper because there was no disciplinary action taken in reference to the applicant's drinking problem. The applicant was diagnosed as bipolar primary to alcohol dependence. The drinking should not be considered willful misconduct as it was secondary to mental health issues. The applicant's company commander's recommendation for an honorable discharge was disregarded by the battalion commander. In a records review conducted on 13 July 2022, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the circumstances surrounding the discharge (OBHI and PTSD diagnoses). 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: 5 January 2019 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 October 2018 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was unable to complete the Substance Use Disorder Clinical Care Program. In consultation with the rehabilitation team, it was determined further rehabilitation efforts were not practical. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 26 October 2018 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 November 2018 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 December 2015 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 24 / Bachelor's Degree / 137 c. Highest Grade Achieved / MOS / Total Service: E-4 / 13F10, Fire Support Specialist / 3 years, 8 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM-2, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant was enrolled in the Army Substance Abuse Program on 22 June 2016. The applicant received several Developmental Counseling Forms; for bar to continued service, Chapter 9 proceedings due to relapse of alcohol while enrolled in the ASAP program and a Bar to Reenlistment. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: A Report of Mental Status Evaluation, dated 18 July 2018, reflects the applicant could understand and participate in administrative proceedings and appreciate the difference between right and wrong. The applicant was diagnosed with Alcohol Use Disorder, Severe. The Mental Status Evaluation states, in part, the applicant was under care for a Substance Use Disorder. The applicant was a self-referral to SUDCC on 21 June 2016. The applicant enrolled in the SUDCC Treatment program on 22 June 2016. During the applicant's enrollment, the applicant attended Residential Treatment (RTF) twice from 31 January 2017 to 13 March 2017 and from 7 August 2017 to 5 September 2017. The applicant was referred to a second RTF after relapsing while in AMIOP which was scheduled from 10 July 2017 to 18 August 2017. After completing a second RTF, the applicant attended AMIOP again from 6 September 2017 to 29 September 2017. The applicant also attended 22 group sessions and 13 individual sessions with the SUDCC outpatient clinic during the enrollment. The applicant relapsed while enrolled in SUDCC and went on a two-week bender and was subsequently referred to a higher level of care at the AMIOP program for the first time. The applicant had another relapse on 14 November 2017, while still enrolled on SUDCC. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, VA Problem List (pages 4 and 5) 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. 8. SUMMARY OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. The applicant's Army Military Human Resource Record (AMHRR) of service, the issues and documents submitted with the application were carefully reviewed. The applicant requests an upgrade to honorable. The applicant contends the discharge is improper because there was no disciplinary action taken in reference to the applicant's drinking problem. The applicant contends the drinking should not be considered willful misconduct as it was secondary to mental health issues. The applicant contends the company commander's recommendation for an honorable discharge was disregarded by the battalion commander. 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. 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 Board's Medical Advisor, a voting member, reviewed the applicant's DOD and VA health records, applicant's statement, and/or civilian provider documentation and found that the applicant has the following potentially-mitigating diagnoses/experiences: Adjustment Disorder, Bipolar Disorder, Depressive Disorder, Anxiety Disorder, Social Anxiety, Major Depressive Disorder, and non-military PTSD. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found the applicant held an in-service diagnosis of Adjustment Disorder. While the applicant is service connected for Bipolar Disorder, records are void of details including symptom onset and progression to determine mitigation. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor opined that there is a nexus between the applicant's Bipolar Disorder and alcohol abuse. (4) Does the condition or experience outweigh the discharge? Yes. The Board concurred with the opinion of the Board's Medical Advisor, a voting member. As a result, the ADRB applied liberal consideration and found that the applicant's Bipolar Disorder outweighed the alcohol abuse rehabilitation failure basis for separation. b. Response to Contention(s): (1) The applicant contends the discharge is improper because there was no disciplinary action taken in reference to the applicant's drinking problem. The Board considered this contention and determined the applicant's drinking problem warranted enrollment into ASAP not disciplinary action. The Board voted after considering the contention and finding no evidence of the Command acting in an arbitrary or capricious manner. In this case, the Board determined that an upgrade to Honorable is warranted based on applicant's Bipolar Disorder mitigating the alcohol abuse rehabilitation failure. (2) The applicant contends the drinking should not be considered willful misconduct as it was secondary to mental health issues. The Board determined that this contention was valid and voted to upgrade the characterization of service due to Bipolar Disorder mitigating the applicant's alcohol abuse rehabilitation failure charges. (3) The applicant contends the company commander's recommendation for an honorable discharge was disregarded by the battalion commander. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's Bipolar Disorder fully outweighing the applicant's alcohol abuse rehabilitation failure basis for separation. c. The Board determined that the characterization of service was inequitable based on the circumstances surrounding the discharge (OBHI and PTSD diagnoses). 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. However, the applicant may request a personal appearance hearing to address further issues before the Board. The applicant is responsible for satisfying the burden of proof and providing documents or other evidence sufficient to support the applicant's contention(s) that the discharge was improper or inequitable. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's Bipolar Disorder mitigated the applicant's misconduct alcohol abuse rehabilitation failure. Thus, the prior characterization is no longer appropriate. (2) The Board voted not to change the applicant's reason for discharge or accompanying SPD code as the reason the applicant was discharged was both proper and equitable. (3) The Board voted not to change the reentry eligibility (RE) code, as it was proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason / SPD Code to: No Change d. Change RE Code to: No Change e. Change Authority 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 N/A - Not applicable NCO - Noncommissioned Officer NIF - Not in File NOS - Not Otherwise Specified OAD - Ordered to Active Duty OBH (I) - Other Behavioral Health (Issues) OMPF - Official Military Personnel File PTSD - Post-Traumatic Stress Disorder RE - Re-entry 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 AR20190014488 1