1. Applicant's Name: a. Application Date: 27 March 2020 b. Date Received: 21 April 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, after returning from a deployment, the applicant began having nightmares and began drinking more to relax and fall asleep. The applicant was dealing with family issues and had no idea there was a post-traumatic stress (PTSD) issue. The command never advised the applicant to seek help. The applicant did not think to seek help for PTSD due to the stigma associated with it. The applicant requests an upgrade to attend college without having to pay because the applicant is unemployed. The applicant states other Soldiers with substance abuse problems were treated differently. The applicant continued to serve despite the circumstances. The applicant was diagnosed with PTSD in 2014 at a veteran's hospital. b. Board Type and Decision: In a records review conducted on 29 March 2023, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's PTSD diagnoses mitigating the alcohol rehabilitation failure. 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, the narrative reason for separation to Misconduct (Minor Infractions), with a corresponding separation code of JKN. 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: 20 December 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 December 2013 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant failed the Army Substance Abuse Program because the applicant had a relapse and had a positive breathalyzer test. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 3 December 2013, applicant waived the opportunity to consult with counsel. (5) Administrative Separation Board: The applicant waived consideration of the case by an administrative separation board. (6) Separation Decision Date / Characterization: 3 December 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 March 2013 / 3 years b. Age at Enlistment / Education / GT Score: 34 / GED / 87 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92G10, Food Service Specialist / 7 years, 2 months,16 days d. Prior Service / Characterizations: RA, 6 July 2006 - 2 November 2006 / UNC (Concurrent Service (IADT) RA, 1 February 2007 - 13 March 2013 / HD e. Overseas Service / Combat Service: Germany, SWA / Iraq (17 August 2007 - 29 October 2008) f. Awards and Decorations: ARCOM-2, AAM-4, MUC, AGCM-2, NDSM, GWOTSM, ICM- CS, NCOPDR, ASR, OSR-2, Driver and Mechanic Badge-Driver Wheeled Vehicle(s) Clasp g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 29 August 2013, reflects the applicant failed to go at the prescribed time to the appointed place of duty on two separate occasions and on or about 13 August 2013, because of wrongful previous overindulgence in intoxicating liquor or drugs was incapacitated for the proper performance of duties. The punishment consisted of reduction to private/E-2, suspended, to be automatically remitted if not vacated before 29 November 2013; and forfeiture of $849 pay per month for 2 months. FG Article 15, dated 12 November 2013, reflects the applicant failed to go at the prescribed time to the appointed place of duty on or about 1 October 2013 and on or about 1 October 2013 and on or about 21 October 2013, the applicant was found drunk on duty as a food service specialist. The punishment consisted of reduction to private/E-1; extra duty and restriction for 14 days. Memorandum, subject: Army Substance Abuse Program (ASP) Rehabilitation Failure, dated 23 September 2013, reflects, in part, the applicant was officially referred for alcohol related issues to ASAP on 19 December 2012. The applicant was officially enrolled with command concurrence in the ASAP outpatient Treatment Program with the plan to send the applicant to a higher level of care as soon as could be arranged. On 4 February 2013, the applicant was admitted to Eisenhower Army Medical Center for inpatient treatment. The applicant was released on 2 March 2013, to continue ASAP outpatient/aftercare services. For the next 5 months, the applicant attended 14 ASAP outpatient counseling sessions. On 13 August 2013, the applicant was charged with "Failure to Report", after relapsing on alcohol over the weekend and failed to report for duty. The applicant continued in treatment, attending three more group sessions. On 18 September 2013, the applicant was escorted to ASAP by an NCO who reported the applicant had been drinking over the weekend. The applicant had a positive breathalyzer and was charged with being drunk on duty. The applicant was considered a "Rehabilitation Failure" due to multiple alcohol related incidents within a twelve-month period. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: None (2) AMHRR Listed: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293-2, personal statement, DD Form 214-2, ERB, Permanent Orders Number 207-1, dated 26 July 2007, Deployment Roster, DA Form 2173, DA Form 2823, Character letter from Separation Packet-3, Letter of Thanks-2, DA Form 1059, Orders for award of AGCM-2, Permanent Orders 162-001, dated 10 June 2008 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. 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. 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 Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. The applicant contends after returning from a deployment, the applicant began having nightmares and began drinking more to relax and fall asleep. The evidence of record shows the command attempted to assist the applicant in performing and conducting to Army standards by referring the applicant to ASAP and the imposition of non-judicial punishment. The applicant was dealing with family issues and had no idea this was a PTSD issue. The applicant did not think to seek help for PTSD due to the stigma associated with it. The applicant was diagnosed with PTSD in 2014 at a veteran's hospital. The applicant's AMHRR is void of a PTSD diagnosis nor does the applicant provide evidence, other than the applicant's statement, to support the contention the discharge resulted from any medical condition. The applicant requests an upgrade to attend college without having to pay because the applicant is unemployed. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The applicant contends other Soldiers with substance abuse problems were treated differently. Applicable regulations state each case must be decided on an individual basis, considering the unique facts and circumstances of the case. The applicant continued to serve honorably despite the circumstances. The Board will consider the applicant's service accomplishments and the quality of service according to the DODI 1332.28 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. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found 70% VA service-connection for PTSD. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that the applicant has a mitigating BH condition, PTSD. As there is an association between PTSD and self-medication with alcohol, there is a nexus between the applicant's PTSD and alcohol rehabilitation failure. (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 PTSD outweighed the basis for separation for the aforementioned reason(s). b. Response to Contention(s): The applicant contends being unaware of a PTSD issue and was drinking more to relax and sleep. The Board determined that this contention was valid and voted to upgrade the characterization of service due to PTSD mitigating the applicant's alcohol rehabilitation failure. c. The Board determined the discharge is inequitable based on the applicant's PTSD diagnoses mitigating the alcohol rehabilitation failure. 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, the narrative reason for separation to Misconduct (Minor Infractions), with a corresponding separation code of JKN. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD diagnoses mitigated the alcohol rehabilitation failure. Thus, the prior characterization is no longer appropriate. (2) The Board voted to change the reason for discharge to Misconduct (Minor Infractions) under the same pretexts, thus the reason for discharge is no longer appropriate. The SPD code associated with the new reason for discharge is JKN. (3) The RE code will not change, as the mitigating experience is also service-limiting. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason / SPD Code to: Misconduct (Minor Infractions)/JKN d. Change RE Code to: No Change e. Change Authority to: AR 635-200, paragraph 14-12a 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 AR20200006311 1