1. Applicant's Name: a. Application Date: 14 October 2020 b. Date Received: 20 October 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. b. The applicant seeks relief contending, upgrading their characterization to an Honorable characterization will give them full access to their Veterans Affairs (VA) education benefits in order to attend college. They are contending they suffered from trauma and disabilities from the military which caused them to be discharged abruptly. The applicant was told they would receive a General (Under Honorable Conditions) characterization of service due to not enough time served, however, informing them to upgrade once they separated from the military. The applicant contends the upgrade is owed to them and it is justified due to their service-connected disabilities. c. Board Type and Decision: In a records review conducted on 5 January 2024, and by a 5-0 vote, the Board determined the discharge is inequitable based on the circumstances surrounding the discharge (MST, OBH and PTSD diagnoses). Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to Honorable and change the separation authority to AR 635-200, Chapter 15, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code of JFF. The reentry code remains RE-4. 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: 7 May 2019 c. Separation Facts: (1) Date of Notification of Intent to Separate: Undated (2) Basis for Separation: Within 12 months of successfully completing the Army Substance Abuse Program, the applicant was reenrolled into the program resulting in alcohol rehabilitation failure. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: On 20 March 2019, the applicant elected to waive their right to speak with counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: undated/ General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 November 2017 / 3 years and 24 months b. Age at Enlistment / Education / GT Score: 22 / High School Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-3 / 91L10 Construction Equipment / 1 year and 1 month d. Prior Service / Characterizations: NA e. Overseas Service / Combat Service: Korea / None (1 year, 26 days) f. Awards and Decorations: NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: (1) On 23 October 2017, the applicant enlisted in the United States Army Reserve's Delayed Entry Program; on 6 November 2017, the applicant enlisted in the Regular Army for 3 years and 24 weeks as a PVT. (2) The Enlisted Records Brief provides the applicant promoted to PV2 on 6 May 2018 and promoted to PFC on 6 November 2018. Although missing from the ERB, the applicant served overseas in Korea for 1 year and 26 days. On 7 January 2019, they were flagged for code (JA) a Suspend Favorable Personnel Actions (FLAG) for failing their Army Combat Fitness Test (ACFT). (3) Two Developmental Counseling Forms provides the following: (a) On 7 December 2018, the applicant was counseled for being drunk on duty, further detailing on 29 November 2018 they came to Physical Readiness Training (PRT) one day after their vehicle accident and it was their belief that Soldiers were making fun of them. The applicant stormed off to their room after PRT concluded and the SSG and SGT came to their barracks to check on the applicant and escort them back to work. The applicant notified SSG that their appointment at Midtown Clinic was rescheduled to an earlier time and they were allowed to proceed to their appointment. The SSG received a call a few hours later from the Company Executive Officer (XO) notifying them the applicant was in the hospital by swallowing a large number of pills and washed it down with alcohol. The Dr. called 911 and they were taken to St. Mary's Hospital to undergo a Medical Evaluation. They were ultimately cleared and told they needed to see a Mental Health Professional. The applicant stated it was because of SGT that they did not fully fall through with their plan which was to take the medication and alcohol and fall asleep in their room and never wake up again. This counseling is to address the alcohol in which they consumed and came to the motor pool intoxicated (drunk on duty); advised that this is a serious offense and could carry heavy penalties; they were previously enrolled in SUDCC, attending a 5-week rehabilitation program in which they graduated; they were being recommended for separation; the applicant agreed with the counseling and did not submit a statement on their behalf. (b) On 3 January 2019, the applicant was counseled for an alcohol related incident that occurred on 31 December 2018, provides the SSG received a phone call from SPC(P) informing them that the applicant was outside the walk-in/out gate in the "Ville", extremely intoxicated and being loud and disorderly. Moreover, SPC(P) informed SSG the applicant had a run in with the Military Police (MPs) and was being very disrespectful to the officers who were trying to question the applicant. The applicant walked away from the MPs, and they had to go looking for the applicant in the Ville next to the chicken shack. The applicant told the officers they wanted to kill themselves because they hated Korea and it felt like a prison. SGT arrived at your location and determined that you were too drunk to even have a functional conversation with. SGT immediately called the SSG advising the applicant was being released to their custody and they needed to go home and sleep it off. SSG spoke with the officer in charge of the scene, and they made the same recommendation, at which time SSG called 1SG and gave him a breakdown of the entire situation as it was unfolding; the applicant was not to consume alcohol until further notice and they were command referred to SUDCC; the applicant agreed and noted "This is my first alcohol incident. I was self-referred to SUDCC the first time." (4) On 9 January 2019, the Report of Medical History provides the following: (a) The applicant indicated "Yes" in the "Have you ever had or do you now have" section: * 11g: decreased hearing in right ear * 12a: right shoulder and right wrist pain when lifting * 12d: numbness and tingling in their left leg and foot * 12f: left foot pain (bone/joints); sharp and stabbing * 12i: constant left knee pain * 12k: wear knee braces for physical activities * 12n: stress fractures bilateral knees * 14b: gained 20 pounds over two-month timespan * 15c/g: had a concussion in a vehicle accident * 15f: experienced car and air sickness * 17a: I have anxiety and panic attacks * 17c: trouble remembering things (rare) but becoming frequent * 17d: insomnia * 17e: attend behavioral health weekly * 17f: depression * 17g: yes, still being evaluated * 17h: attempted overdosing on medications * 17i: attempted self-harm by abusing prescription medications * 18a: chronic menstrual pain * 18b: irregular menstrual pattern * 20: attempted suicide, motor accident, and miscarriage * 24: admitted in AMIOP program for Alcohol Abuse. (b) In block 30a, Examiner's Summary and Elaboration of All Pertinent Data, provides the examiner states they have had numerous encounters for their lower extremities, noting MRI reads normal and no surgical or long-term profile needed. For 11g and 14g the examiner noted with no follow ups; For 12a and 15f, the examiner noted, however, stated the applicant has not been seen for these issues. For 17a - 17f, 20 and 24, the applicant has had extensive BH treatment for these issues through 2018; recent suicide attempt was medically cleared at the clinic; enrolled in BH for safety; recent repeat alcohol abuse. (5) On 9 January 2019, the Report of Medical Examination provides the Physician noted tenderness to palpitation at midshaft on their left foot (4th metatarsal); the applicant is in good spirits today, however, recent encounters with flat affect, emotional liability; the applicant is qualified for service and separation; they were sent for a follow up x-ray; however, suspect tendon injury from previous motor vehicle accident; their profile factors are P-1, U-1, L-1, H-1, E- 1, S-1. (6) The entire separation package is undated. The company commander notified the applicant of their intent to separate them under provisions of AR 635-200, Chapter 9, Alcohol Rehabilitation Failure, recommending an Honorable characterization of service. (a) On 19 March 2019, the applicant acknowledged receipt of their separation notice. (b) On 20 March 2019, after consulting with defense counsel, the applicant elected to waive their right to counsel and elected not to submit a statement on their behalf. (c) The appropriate separation authority approved the discharge and directed the applicant be separated with a characterization of General (Under Honorable Conditions). (d) On 29 March 2019, the applicant was issued separation orders with a date of discharge effective 7 May 2019. (7) A DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects the applicant was discharged accordingly on 7 May 2019 with a General (Under Honorable Conditions) characterization of service. Their total net active service is 1 year, 6 months and 2 days; the applicant has not completed the first full term of service. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: (a) The applicant provided a VA Summary of Benefits Letter, dated 23 July 2020, which provides they have a service-connected disability with 100 percent rating, totally and permanently disabled; however, it does not further detail the diagnoses/disabilities the applicant is being compensated for. (b) On 14 October 2020, a printout from the applicant's electronic VA medical record [My HealtheVet], provides a list of their active health problems, the treating provider and medical facility, in effect, * Anemia (Spokane VAMC) * Anxiety (Spokane VAMC) * Chronic Posttraumatic Stress Disorder (Spokane VAMC) * Deficiency of Vitamin D3 (Spokane VAMC) * Dysmenorrhea (Spokane VAMC) * Adult Victim of Sexual Abuse during military service (Tibur Rubin VAMC) * Foot Pain (Tibur Rubin VAMC) * Headache (Tibur Rubin VAMC) * Hyperlipidemia (Tibur Rubin VAMC) * Impaired Fasting Glucose (Tibur Rubin VAMC) * Knee Pain (Tibur Rubin VAMC) * Low Back Pain (Tibur Rubin VAMC) AMHRR Listed: (c) On 12 February 2019, the applicant completed a mental status examination at the USAG Humphreys Jenkins Medical Clinic conducted by a Behavioral Health Provider, indicating they were evaluated for Alcohol Rehabilitation Failure and noting their "Substance Misuse" for pertinent findings; their cognition and perception are "Normal" and their behavioral health risk for self-harm is "Not Elevated". The applicant was originally diagnosed with "Alcohol Use Disorder, Mild", however, they are further diagnosed with "Alcohol Use Disorder, Severe"; the applicant can understand and participate in administrative proceedings and appreciate the difference between right and wrong. They were to prohibit use of alcohol due to the alcohol interfering with their medications, decreases rational judgment, and increase chance for impulsive acts. (d) Further comments provide in August 2018, the applicant self-referred to SUDCC and was subsequently transferred to Addiction Medicine Intensive Outpatient Program (AMIOP) through the first week of October. Upon discharge and during aftercare, the applicant contended it was their option as a self-referral to terminate services. This should not have been permitted to occur as command was included in their admission to AMIOP. (e) On 31 December 2018, the applicant had a relapse incident, intensified by the applicant's statements of self-harm when confronted. They contended the statements were the result of the alcohol abuse. The applicant was subsequently re-enrolled into SUDCC and stated they were sober for the past 42 days. Their attendance in outpatient SUDCC has been punctual and conscientious. They have voluntarily attended local Alcoholics Anonymous meetings on USAG-H. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge); VA Disability Letter - 100%; VA Service Letter (Under Honorable Conditions) VA Problem's List 6. POST SERVICE ACCOMPLISHMENTS: The applicant is under the care of the VA and desires to pursue college. 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 and the authorized types of characterization of service or description of separation. (1) 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. (2) 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. (3) An Under other-than-honorable-conditions discharge is an administrative separation from the Service under conditions other than honorable and it may be issued for misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial based on certain circumstances or patterns of behavior or acts or omissions that constitute a significant departure from the conduct expected of Soldiers in the Army. (4) Except as otherwise indicated in this regulation, commanders must make maximum use of counseling and rehabilitation before determining that a Soldier has no potential for further useful service and, therefore, should be separated. In this regard, commanders will ensure that adequate counseling and rehabilitative measures are taken before initiating separation proceedings for the following reasons: * Involuntary separation due to parenthood * Personality disorder * Other designated or physical or mental conditions * Entry-level performance and conduct * Unsatisfactory performance * Minor disciplinary infractions or a pattern of misconduct * Failure to meet body fat standards (5) Chapter 9 provides the authority and outlines the procedures for discharging Soldiers for alcohol or other drug abuse rehabilitation failure. Discharge is based upon alcohol or other drug abuse such as illegal, wrongful, or improper use of any controlled substance, alcohol, or other drugs when the soldier is enrolled in Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) or when the commander determines that further rehabilitation efforts are not practical, rendering the soldier a rehabilitation failure. This determination will be made in consultation with the rehabilitation team. When the commander determines that a soldier who has never been enrolled in ADAPCP lacks the potential for further useful service, the soldier will be screened per AR 600-85. If found non-dependent, the soldier will not be rehabilitated but will be considered for separation under other appropriate provisions of this regulation. Separations for alcohol abuse rehabilitation failure will be reported separately from separations for drug abuse rehabilitation failure. If separation is based on both, the primary basis will be used for reporting purposes. (6) A Soldier who is enrolled in the Alcohol and Drug Abuse Prevention and Control Program (ADADPCP) for alcohol/drug abuse may be separated because of their inability or refusal to participate in, cooperate in, or successfully complete such a program in one of the following circumstances: * There is a lack of potential for continued Army service and rehabilitation efforts are no longer practical * Long term rehabilitation is necessary, and the Soldier is transferred to a civilian medical facility for rehabilitation (7) Chapter 15 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 memoranda. Secretarial separation authority is normally exercised on a case-by-case basis. 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, 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: (1) RE-1 Applies to: Person completing his or her term of active service who is considered qualified to reenter the U.S. Army. Eligibility: Qualified for enlistment if all other criteria are met. (2) 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. (3) 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. g. Army Regulation 600-85 (Army Substance Abuse Program (ASAP)) dated 28 December 2012, provided a comprehensive alcohol and drug abuse prevention and control policies, procedures, and responsibilities for Soldiers for ASAP services. The ASAP is a command program that emphasizes readiness and personal responsibility. The ultimate decision regarding separation or retention of abusers is the responsibility of the Soldier's chain of command. Abuse of alcohol or the use of illicit drugs by military personnel is inconsistent with Army values and the standards of performance, discipline, and readiness necessary to accomplish the Army's mission. (1) Unit commanders must intervene early and refer all Soldiers suspected or identified as alcohol and/or drug abusers to the ASAP. The unit commander should recommend enrollment based on the Soldier's potential for continued military service in terms of professional skills, behavior, and potential for advancement. (2) ASAP participation is mandatory for all Soldiers who are command referred. Failure to attend a mandatory counseling session may constitute a violation of Article 86 (Absence Without Leave) of the UCMJ. (3) Alcohol and/or other drug abusers, and in some cases dependent alcohol users, may be enrolled in the ASAP when such enrollment is clinically recommended. Soldiers who fail to participate adequately in, or to respond successfully to, rehabilitation will be processed for administrative separation and not be provided another opportunity for rehabilitation except under the most extraordinary circumstances, as determined by the Clinical Director in consultation with the unit commander. (4) All Soldiers who are identified as drug abusers, without exception, will be referred to the ASAP counseling center for screening; be considered for disciplinary action under the UCMJ, as appropriate; and be processed for administrative separation in accordance with Army Regulation 635-200. h. Title 38, U.S. Code, Sections 1110 and 1131, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service. The VA, however, is not required by law to determine medical unfitness for further military service. The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned. Consequently, due to the two concepts involved, an individual's medical condition, although not considered, medically unfitting for military service at the time of processing for separation, discharge, or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by the agency. 8. SUMMARY OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. a. 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. b. The available evidence provides the applicant enlisted in the RA as an PVT promoting to PFC. They served overseas in Korea for one year. The applicant self-referred themselves to SUDCC in August 2018 and was diagnosed with Alcohol Use Disorder, Mild. The applicant successfully completed the 5-week rehabilitation program (AMIOP). They received a counseling in December 2018 when they attempted self-harm with alcohol and prescription medications and was advised they were being recommended for separation. (1) Evidence provides the applicant relapsed and received another counseling in January 2019 for an alcohol related incident of public drunkenness and disrespect towards MPs; They were command referred and ordered not to consume alcohol until further notice. The applicant agreed and noted this was their first alcohol incident as they were self-referred to SUDCC the first time. (2) A Mental Status Evaluation was conducted; they were diagnosed with Alcohol Use Disorder, Severe; their cognition and perception indicated "Normal" and the BH risk for harm to self was "Not Elevated". The BH Provider advised the applicant stated they had been sobered for the past 42 days; their attendance in outpatient SUDCC has been punctual and conscientious, in addition, they attended local Alcoholics Anonymous meetings on USAG-H. (3) The applicant waived consultation with defense counsel in reference to their separation. c. Chapter 9 establishes policy and prescribes procedures for members being separated for alcohol or other drug abuse rehabilitation failure. 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. The separation authority will approve separation in cases processed without an administrative board if the documentation in the file indicates required rehabilitative efforts have been made, further rehabilitative efforts are not practical, rendering the soldier a rehabilitation failure, and the soldier's potential for fully effective service is substantially reduced by alcohol/drug abuse. d. Published Department of Defense guidance indicates that the guidance is not intended to interfere or impede on the Board's statutory independence. The Board will determine the relative weight of the action that led to the discharge and whether it supports relief or not. In reaching its determination, the Board shall consider the applicant's petition, available records and/or submitted documents in support of the petition. 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, MDD, MST. (Note, the applicant's diagnosis of Adjustment DO is subsumed under the diagnosis of PTSD). (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found MST was documented in both military and VA records. VA service connection and VA BH documentation have established that PTSD and MDD both occurred and/or began during active 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 the applicant has two mitigating BH conditions, PTSD and MDD as well as several MST mitigating experiences. As both conditions and MSTs are associated with the use of alcohol and or drugs to self-medicate painful emotional symptoms, there is a nexus between these two conditions, her MSTs and the applicant's alcohol rehabilitation failure. (Note- The diagnosis of Adjustment DO with mixed anxiety and depressed mood is subsumed under PTSD). (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 mitigating BH conditions, PTSD and MDD as well as several MST mitigating experiences outweighed the basis of separation. b. Response to Contentions: (1) The applicant seeks relief contending, upgrading their characterization to an Honorable characterization will give them full access to their Veterans Affairs (VA) education benefits in order to attend college. The Board considered this contention but determined that eligibility for Veteran's benefits, to include educational benefits under the Post-9/11 or Montgomery GI Bill, healthcare or VA loans, do 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. (2) They are contending they suffered from trauma and disabilities from the military which caused them to be discharged abruptly. The applicant was told they would receive a General (Under Honorable Conditions) characterization of service due to not enough time served, however, informing them to upgrade once they separated from the military. The Board determined that this contention was valid and voted to upgrade the characterization of service due to PTSD and MDD as well as several MST mitigating the applicant's basis for separation. (3) The applicant contends the upgrade is owed to them and it is justified due to their service-connected disabilities. 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 and MDD as well as several MST fully outweighing the applicant's alcohol abuse basis for separation. c. The Board determined the discharge is inequitable based on the circumstances surrounding the discharge (MST, OBH and PTSD diagnoses). Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to Honorable and change the separation authority to AR 635-200, Chapter 15, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code of JFF. The reentry code remains RE-4. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service. Based on the available information it is the opinion of the Agency BH Advisor that the applicant has two mitigating BH conditions, PTSD and MDD and as well as several MST experiences. As both conditions and MSTs are associated with the use of alcohol and or drugs to self-medicate painful emotional symptoms, there is a nexus between these two conditions, her MSTs and the applicant's rehabilitative failure. (Note- The diagnosis of Adjustment DO with mixed anxiety and depressed mood is subsumed under PTSD). (2) The Board voted to change the applicant's reason for discharge and the narrative reason for separation to Secretarial Authority, with a corresponding separation code of JFF. (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: Secretarial Authority / JFF d. Change RE Code to: No change e. Change Authority to: AR 635-200, Chapter 15 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 AR20210005172 1