1. Applicant's Name: a. Application Date: 28 July 2020 b. Date Received: 5 August 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, the applicant experienced undue stress and pressure from superiors daily. The applicant was pressured to be more technical and tactical than other Soldiers. The applicant was belittled, privileges were taken away, and superiors tried to brainwash the applicant. The applicant's physical and mental demeanor changed drastically, and the applicant began to drink heavily and frequently, which led to a drinking problem. The applicant was depressed and scared due to deployment. After returning from deployment the applicant was suffering from post-traumatic stress disorder (PTSD) and other conditions which did not exist prior to deployment. The applicant was dealing with symptoms from deployment and family problems. After being reprimand for an alcohol involved incident, the applicant realized there was a problem and self-referred to ASAP. The applicant was admitted to Cumberland Hall Hospital for monitored detoxification and counseling which lasted six days. Unfortunately, the treatment program did not work for the applicant and the applicant was diagnosed with alcohol abuse. The commanding officer determine further rehabilitation was not practical. The applicant contends there was approval for an honorable discharge, but it was changed due drugs being found in the room where the applicant resided. The applicant denies having drugs and believe the drugs belong to a roommate. The applicant has been granted a 100 percent disability rating by the Department of Veteran Affairs due to PTSD. b. Board Type and Decision: In a records review conducted on 11 August 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 (PTSD diagnoses). 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. The Board voted not to change the RE code and found it was proper and equitable. 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: 4 January 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 December 2019 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 18 October 2011, the applicant failed to complete the Army Substance Abuse Program. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 21 December 2011 / The applicant declined the opportunity to consult with counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 21 December 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 July 2008 / 4 years, 21 weeks b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 42A10, Human Resources Specialist / 3 years, 5 months, 20 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (9 June 2010 - 21 April 2011) f. Awards and Decorations: ACM-CS, ARCOM, AAM, NDSM, GWOTSM, ASR, OSR, NATO MDL, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Memorandum, subject: Synopsis of Treatment for [Applicant], dated 18 October 2011, reflects the applicant was originally presented to ASAP as a command referral on 8 December 2009 after receiving a Drunk in Public charge. A full assessment was completed with recommendations of referring the applicant to ADAPT for a two-day educational course. The applicant was referred for the second time on 27 May 2011, after receiving a charge of Drunk and Disorderly. On 2 June 2010, the applicant was assessed and diagnosed with Alcohol Abuse. A rehabilitation team meeting was held with recommendations the applicant would attend individual sessions and group sessions until deployment and the applicant could continue treatment after deployment. On 9 September 2011, the applicant returned to ASAP for a post-deployment assessment. During the session the applicant reported continual use of alcohol, due to the applicant's reported use, it was recommended the applicant receive medical detoxification at Cumberland Hall. While completing labs tests, it was discovered the applicant had a positive drug screen for cannabis. The applicant was at Cumberland Hall from 9 September 2011 to 15 September 2011. Due to the applicant's continued pattern of an inability to remain clean and sober, Captain M requested a treatment synopsis letter. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: None (2) AMHRR Listed: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, personal statement, PTSD Questionnaire, DD Form 214, Excerpt of AR 40-501, Cumberland Hall Hospital Discharge Summary, Cumberland Hall Psychiatric Evaluation, Cumberland Hall Medical History and Physical, Developmental Counseling Forms-2, Policy Letter, Orders 326-490, Preseparation Counseling Checklist, Unit Clearance Record, Separation Orders, Letter to VA from applicant's mother 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, in effect, due to undue stress and pressure from superiors, the applicant's physical and mental demeanor changed drastically, and the applicant began to drink heavily and frequently, which led to a drinking problem. The applicant contends, in effect, was depressed and scared due to deployment. After returning from deployment the applicant was suffering from PTSD and other conditions which did not exist prior to deployment and the applicant has been granted a 100 percent disability rating by the Department of Veteran Affairs due to PTSD. The applicant's AMHRR is void of a PTSD diagnosis or a mental status evaluation. The applicant did not provide any evidence of a PTSD diagnosis. The applicant contends, in effect, was dealing with symptoms from deployment and family problems. After being reprimand for an alcohol involved incident, the applicant realized there was a problem and self-referred to ASAP. The applicant was admitted to Cumberland Hall Hospital for monitored detoxification and counseling which lasted six days. Unfortunately, the treatment program did not work for the applicant and the applicant was diagnosed with alcohol abuse. The applicant contends, in effect, there was approval for an honorable discharge, but it was changed due drugs being found in the room where the applicant resided. The applicant denies having drugs and believe the drugs belong to a roommate. The applicant's AMHRR is void of evidence pertaining to the applicant receiving an honorable discharge. 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 diagnosis: service connected for PTSD. (2) Did the condition exist or experience occur during military service? Yes. Per applicant's assertion, he had trauma symptoms in-service. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that given the nexus between trauma and substance use, the basis for separation is mitigated. (4) Does the condition or experience outweigh the discharge? Yes. After applying liberal consideration to the evidence, including the Board Medical Advisor opine, the Board determined that the applicant's PTSD outweighed the Alcohol Rehabilitation Failure basis for separation for the aforementioned reason(s). b. Response to Contention(s): (1) The applicant contends due to undue stress and pressure from superiors, the applicant's physical and mental demeanor changed drastically, and the applicant began to drink heavily and frequently, which led to a drinking problem. 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 fully outweighing the applicant's alcohol rehabilitation failure basis for separation. (2) The applicant was depressed and scared due to deployment. After returning from deployment the applicant was suffering from PTSD and other conditions which did not exist prior to deployment and the applicant has been granted a 100 percent disability rating by the Department of Veteran Affairs due to PTSD. 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 fully outweighing the applicant's alcohol rehabilitation failure basis for separation. (3) The applicant was dealing with symptoms from deployment and family problems. After being reprimand for an alcohol involved incident, the applicant realized there was a problem and self-referred to ASAP. The applicant was admitted to Cumberland Hall Hospital for monitored detoxification and counseling which lasted six days. Unfortunately, the treatment program did not work for the applicant and the applicant was diagnosed with alcohol abuse. 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 fully outweighing the applicant's alcohol rehabilitation failure basis for separation. (4) The applicant contends there was approval for an honorable discharge, but it was changed due drugs being found in the room where the applicant resided. 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 fully outweighing the applicant's alcohol rehabilitation failure basis for separation. 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 (PTSD diagnoses). 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. The Board voted not to change the RE code and found it was proper and equitable. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD mitigated the applicant's 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 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: 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 AR20200008224 1