1. Applicant's Name: a. Application Date: 20 April 2020 b. Date Received: 30 April 2020 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, he was underage after his deployment and he still drank alcohol. His reason for drinking alcohol was because NCOs in his platoon encouraged him to drink. He was a great Soldier on duty. He believes there were personal reasons his platoon sergeant came after him for drinking. There were several underage Soldiers drinking and yet none of the NCOs punished them. He believes he would still be in the Army if his platoon sergeant had not come after him personally to kick him out. Of note, the applicant checked the PTSD block on his DD Form 293. He did not mention PTSD in block 22, why is a change requested and he did not provide any PTSD documents. 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, ADHD, and Alcohol Dependence. The VA is not service connected or diagnosed with a psychiatric condition through the VA. In summary, the applicant does not have 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 30 October 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (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: 14 May 2019 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 26 April 2019 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he was deemed a rehabilitative failure by his commander in coordination with the rehabilitation team. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 2 May 2019 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 2 May 2019 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 July 2017 / 4 years, 20 weeks b. Age at Enlistment / Education / GT Score: 19 years / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-3 / 19D10, Cavalry Scout / 1 year, 9 months, 20 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Kuwait x2, 31 January 2018 to 2 March 2018 and 31 May 2018 to 21 June 2018 / Syria, 3 March 2018 to 31 May 2018 f. Awards and Decorations: NDSM, IRCM-CS, GWOTEM, GWOTSM, ASR, OSR, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant received two negative counseling statements recommending separation action; and a counseling for violating the ASAP program. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 12 March 2019, relates the applicant was diagnosed with alcohol use disorder, moderate. In accordance with AR 600-85, 8-13b, if the unit commander determines that conduct, duty performance, and progress are unsatisfactory, and that further rehabilitation efforts cannot be justified, they will initiate a discharge from military service. Command pursued a Chapter 9, Rehabilitation Failure. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages). 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant's record of service and the issues submitted with his application were carefully reviewed. 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 seeks relief contending, he was underage after his deployment and he still drank alcohol. The applicant, by violating the Army's policy not to possess or use alcohol underage, compromised the trust and confidence placed in a Soldier. The applicant, as a Soldier, had the duty to support and abide by the Army's alcohol policies. The applicant further contends, his reason for drinking alcohol was because NCOs in his platoon encouraged him to drink; and He believes there were personal reasons his platoon sergeant came after him for drinking. 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 applicant also contends, he was a great Soldier on duty. The applicant's service accomplishments and the quality of his service prior to the incident that caused the initiation of discharge proceeding were carefully considered. The applicant additionally contends, there were several underage Soldiers drinking and yet none of the NCOs punished them. The method in which another Soldier's case was handled is not relevant to the applicant's case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. Lastly, the applicant contends, he believes he would still be in the Army if his platoon sergeant had not come after him personally to kick him out. The rationale the applicant provided as the basis for what he believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. 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 30 October 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Separation Order: No b. Change Characterization to: No Change 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 AR20200004749 3