1. Applicant's Name: a. Application Date: 12 February 2020 b. Date Received: 18 February 2020 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: a. Applicant's Requests and Issues: 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, discharge was inequitable, because of Post- traumatic stress disorder (PTSD) from deployment. The applicant was admitted to a few hospitals to keep the applicant safe and learn how to cope with the illness. The applicant attempted to commit suicide several times after returning from deployment. The applicant attended two PTSD programs; one program worked well until a member of the applicant's leadership told the applicant to commit suicide. The applicant was committed to a civilian Substance Abuse Program after another suicide attempt, the applicant failed the program. The applicant was sent back to Hawaii, admitted to the hospital until discharged, ignoring the fact the applicant was suffering from PTSD. Since discharge the applicant tried to commit suicide several times, but in the last eight months the applicant has not had a drink and completed a PTSD program. b. Board Type and Decision: In a records review conducted on 25 January 2023, 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 (OBHI and PTSD diagnoses), and post-service accomplishments. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to Honorable and changed to the separation authority to AR 635-200, paragraph 14-12a. 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-3 / General (Under Honorable Conditions) b. Date of Discharge: 26 October 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 August 2012 (2) Basis for Separation: The notification of initiation of separation proceedings is not available in the applicant Army Military Human Resource Record (AMHRR). The Commander's Report, undated, reflects the following reason for recommended separation: Alcohol or Drug Abuse Rehabilitation Failure. (3) Recommended Characterization: Undated / Intermediate commander recommended an Honorable. (4) Legal Consultation Date: 29 August 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 1 October 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 May 2010 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 2 years, 5 months, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: NDSM, GWOTSM, ASR, CIB / The applicant's AMHRR indicates award of the OSR, however, the award is not reflected on the DD Form 214. g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Memorandum for Commander, Subject: Treatment Failure Discharge Summary, Aftercare Plan and Recommendation for Chapter 9 (memo), dated 10 August 2012, was diagnosis of 303.90 Alcohol Dependence on 20 November 2010. The applicant's rehabilitation team met on 11 October 2011 and determined the applicant had not made satisfactory progress toward achieving the criteria for successful rehabilitation as outlined in AR 600-85, para 3-2 and 3-3. Further rehabilitation efforts in a military environment were not justified considering the applicant's lack of progress. Discharge from military service should be affected. Developmental Counseling Forms, for suicide attempt and Alcohol consumption. Executive Summary, dated 14 April, 27 July, 30 July, and 5 August 2012, reflects the applicant attempted suicide several times during these time periods. Memorandum for, dated 8 August 2012, reflects the applicant did not successfully complete treatment with the Army Substance Abuse Program (ASAP) because of the applicant deployment the case was "Administratively Closed." The applicant was diagnosed with Adjustment Disorder with Depressed Mood, PTSD by HX (childhood) and Alcohol Dependency (binge drinker). The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) was not authenticated with 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 Alcohol Rehabilitation Failure, with a characterization of service of General (Under Honorable Conditions). The applicant had not completed the first full term of service. Orders 285-0014, dated 11 October 2012, reflect the applicant was to be reassigned to the U.S. Army Transition Point and discharged on 26 October 2012 from the Regular Army. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Certificate of Completion. 6. POST SERVICE ACCOMPLISHMENTS: The applicant in the last eight months has not had a drink and completed a PTSD program. 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), 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 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. (5) Paragraph 9-4, stipulates the service of Soldiers discharged under this section will be characterized as honorable or under honorable conditions unless the Soldier is in entry-level status and an uncharacterized description of service is required. An honorable discharge is mandated in any case in which the Government initially introduces into the final discharge process limited use evidence as defined by AR 600-85. 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 "JPC" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 9, for drug rehabilitation failure. f. Army Regulation 601-210, Regular Army and Reserve Components Enlistment Program, governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the U.S. Army Reserve, and Army National Guard for enlistment per DODI 1304.26. It also prescribes the appointment, reassignment, management, and mobilization of Reserve Officers' Training Corps cadets under the Simultaneous Membership Program. Chapter 4 provides the criteria and procedures for waiverable and nonwaiverable separations. Table 3-1, defines reentry eligibility (RE) codes: RE-3 Applies to: Person who is not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waiverable. Eligibility: Ineligible unless a waiver is granted. 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 requests an upgrade to honorable. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant contends in effect, the discharge was inequitable, because of Post-traumatic stress disorder (PTSD) from deployment. The applicant was admitted to a few hospitals to keep the applicant safe and learn how to cope with the illness. The applicant attempted to commit suicide several times after returning from deployment. The applicant attended two PTSD programs; one program worked well until a member of the applicant's leadership told the applicant to commit suicide. The AMHRR indicates the applicant was discharged under the provisions of AR 635-200, Chapter 9, by reason of Alcohol Rehabilitation Failure, with a characterization of service of General (Under Honorable Conditions). The available medical evidence in the AMHRR is an indication the applicant was suffering from a disabling medical or mental condition before being discharged. The applicant contends harassment by members of the chain of command because a member told the applicant to commit suicide. The applicant did not submit any evidence, other than the applicant's statement, to support the contention. There is no evidence in the AMHRR the applicant sought assistance or reported the harassment. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends not having a drink in the last eight months and completing a PTSD program. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. No law or regulation provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in civilian life after leaving the service. 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. 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: PTSD; mild TBI; Adjustment DO; Anxiety DO NOS; Episodic Mood Disorders. (2) Did the condition exist, or experience occur during military service? Yes. The Board's Medical Advisor found that the applicant was diagnosed with PTSD, Adjustment DO, Anxiety DO NOS, mild TBI, Episodic Mood Disorder while on active duty. VA establishment of service connection for PTSD establishes it occurred during active duty. (3) Does the condition or experience excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that the applicant has at least one mitigating BH condition, PTSD, although he has received multiple diagnoses on Active Duty any number of which would mitigate his substance use history. PTSD appears to be a pre- existing condition due to childhood abuse and neglect that was exacerbated due to combat experiences in Afghanistan. Given discharge due to substance abuse/rehabilitation failure and that substance abuse as a means of avoidance/self-medication is a reasonable part of the natural sequelae and history of PTSD, the BH advisor finds there is a nexus between the PTSD and the circumstances of the discharge. Even if discharge is upgraded, the ongoing significant psychiatric issues should preclude future re-enlistment. (4) Does the condition or experience outweigh the discharge? Yes. Based on liberally considering all the evidence before the Board, the ADRB determined that the condition or experience outweighed the basis of separation. b. Response to Contention(s): (1) The applicant contends the discharge was inequitable because discharge was inequitable, because of PTSD from deployment, which led to the discharge. 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 PTSD, mTBI and OBHI fully outweighing the applicant's Alcohol or Drug Abuse Rehabilitation Failure basis for separation. (2) The applicant contends harassment by members of the chain of command because a member told the applicant to commit suicide. The Board considered this contention and determined the applicant did not provide supporting documentation to provide merit to the claim. Ultimately, the Board decided not to address the contention due to an upgrade being granted based on the applicant's PTSD, mTBI and OBHI fully outweighing the basis of separation. (3) The applicant contends not having a drink in the last eight months and completing an PTSD program. The ADRB is authorized to consider post-service factors in the recharacterization of a discharge. However, no law or regulation provides an unfavorable discharge that must be upgraded based solely on the passage of time or good conduct in civilian life after leaving the service. The Board may consider the outstanding post-service conduct and the applicant's performance and conduct during the service under review during proceedings. The Board reviews each discharge on a case-by-case basis to determine if post- service accomplishments help demonstrate that previous in-service misconduct was an aberration and not indicative of the member's overall character. In this case, the Board decided to grant relief in the form of an upgrade in the characterization to Honorable. c. 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 (OBHI and PTSD diagnoses), and post-service accomplishments. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to Honorable and changed to the separation authority to AR 635-200, paragraph 14-12a. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD, mTBI and OBHI mitigated the applicant's misconduct of Alcohol or Drug 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 RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation. 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 AR20200004155 1