1. Applicant's Name: a. Application Date: 26 April 2021 b. Date Received: 26 April 2021 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, confusion on when his start date of Substance Use Disorder Clinical Care (SUDCC) program, led to a positive urine analysis at the start of the program. He completed the program without any further incidents. He was scheduled to appear before a separation board to present his case for reinstatement. He spoke with his defense counsel and agreed upon the conditions in which he would receive an honorable discharge, he would waive going before the Administrative Separation Board. The day before his actual board, he received notification his request was accepted and he would receive an honorable discharge. On 13 February 2020, the day prior to his separation, he was informed he received a general (under honorable conditions) discharge. In a records review conducted on 9 December 2021, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on duplicate characterizations documented in the separation file - the latest of which reads "No Less than Honorable" that was communicated to the applicant. 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: 14 February 2020 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 September 2019 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 20 June 2019, he failed to successfully complete the SUDCC program. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 11 September 2019 (5) Administrative Separation Board: On 11 September 2019, the applicant conditionally waived consideration of the case before an administrative separation board, contingent upon being retained in the United States Army, pursuant to AR 635-200. On 13 November 2019, the applicant received notice his case was referred to an administrative separation board. On 20 November 2019, the applicant acknowledged notification of his case before the administrative separation board, scheduled for 6 December 2019. On 16 December 2019, the applicant voluntarily waived consideration of the case before an administrative separation board, contingent upon receiving a characterization of service no less favorable than honorable discharge. The AMHRR is void of any administrative separation board proceedings. (6) Separation Decision Date / Characterization: 8 October 2019 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 October 2018 / 3 years b. Age at Enlistment / Education / GT Score: 30 / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-6 / 25B30, IT Specialist / 8 years, 2 days d. Prior Service / Characterizations: RA, 13 February 2012 - 5 October 2016 / HD RA, 6 October 2016 - 8 October 2018 / HD e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: AAM-3, AGCM-2, NDSM, GWOTSM, KDSM, NCOPDR-2, ASR, OSR g. Performance Ratings: 1 October 2017 - 10 April 2018 / Highly Qualified 11 April 2018 - 10 April 2019 / Highly Qualified h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum Of Reprimand, dated 16 May 2019, reflects the applicant was driving while impaired at or near Fort Bragg, North Carolina on or about 5 May 2019. Developmental Counseling Form, for DUI. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 30 July 2019, reflects the applicant has no duty limitations due to behavioral health reasons. He meets behavioral health medical retention standards. He was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. He was diagnosed with Unspecified Alcohol Related Disorder. It also states the applicant has been deemed a rehabilitation failure. He was enrolled in SUDCC on 21 May 2019 with a DSM 5 diagnosis of Unspecified Alcohol Related Disorder. It was established that he would maintain abstinence while enrolled, attend all SUDCC sessions as scheduled, and submit to random UA's with the unit and SUDCC. The applicant attended 6 groups, 4 individual sessions, submitted to 5 US's with SUDCC with 1 positive result and 1 RO coded UA's administered by his unit with no positive results. As a result of the applicant's use while enrolled he may be separated IAW AR 635-200, Chapter 9 or AR 600-8-24, Chapter 4, IAW CENTROM MOD 13 guidance, applicant is non-deployable for 12 months into the CENTROM AOR following discharge from completion of the SUDCC program. The applicant is eligible for the deployment waiver to be submitted to CENTROM Surgeon Section Unit NCM and Surgeon will be notified. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Health Record; two Character of Reference Letters; Request for Conditional Waiver Memorandum; Request for Retention on Active duty memorandum. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with 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), 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 5 provides for the basic separation of enlisted personnel for the convenience of the government. Paragraph 5-3 provides explicitly for separation under the prerogative of the Secretary of the Army. Secretarial plenary separation authority is exercised sparingly and seldom delegated. Ordinarily, it is used when no other provision of this regulation applies, and early separation is clearly in the Army's best interest. Separations under this paragraph are effective only if approved in writing by the Secretary of the Army or the Secretary's approved designee as announced in updated memorandums. Secretarial separation authority is normally exercised on a case-by-case basis. (5) 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. (6) 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, paragraph 6-4. 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 "JPD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 9, for alcohol 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-4 Applies to: Person separated from last period of service with a nonwaiverable disqualification. This includes anyone with a DA imposed bar to reenlistment in effect at time of separation, or separated for any reason (except length of service retirement) with 18 or more years active Federal service. Eligibility: Ineligible for enlistment. 8. DISCUSSION 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 he submitted a conditional waiver of his administrative separation board. He believed it was approved because he had not appeared before the board. Later he received a general discharge. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The third party statements provided with the application speak highly of the applicant. 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. The applicant has been diagnosed and service connected by the VA with Chronic Adjustment Disorder. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found the applicant diagnosed and service connected by the VA with Chronic Adjustment Disorder. Service connection establishes that the condition existed during military service. (3) Does the condition or experience actually excuse or mitigate the discharge? No. After applying liberal consideration, the Board's Medical Advisor opined the applicant's Chronic Adjustment Disorder does not mitigate applicant's alcohol rehabilitation failure as the basis for separation. (4) Does the condition or experience outweigh the discharge? No. Despite the ADRB's application of liberal consideration, the Board concurred with the opinion of the Board's Medical Advisor, a voting member, that the applicant's non-medically mitigated offenses of failed completion of the SUDCC program outweighed the applicant's BH diagnosis of Chronic Adjustment Disorder. b. Response to Contention(s): (1) The applicant contends he submitted a conditional waiver of his administrative separation board. The record shows on 16 December 2019, the applicant voluntarily waived consideration of the case before an administrative separation board, contingent upon receiving a characterization of service no less favorable than honorable discharge. The Board determined to upgrade in accordance with applicant's conditional waiver. (2) The third party statements provided with the application speak highly of the applicant. The Board recognizes and appreciates the applicant's third party statements and considered them during board proceedings. c. The Board determined that the characterization of service was inequitable based on duplicate characterizations documented in the separation file - the latest of which reads "No Less than Honorable" that was communicated to the applicant. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the record shows on 16 December 2019, the applicant voluntarily waived consideration of the case before an administrative separation board, contingent upon receiving a characterization of service no less favorable than honorable discharge. 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 AR20210003410 3