BOARD DATE: 20 July 2017 DOCKET NUMBER: AR20150018725 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ __x______ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 20 July 2017 DOCKET NUMBER: AR20150018725 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________x_______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 20 July 2017 DOCKET NUMBER: AR20150018725 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests an upgrade of his general discharge to honorable. 2. The applicant states: a. After an alcohol-related offense in 2004, he had an exemplary record for 8 years with no other adverse actions. He reenlisted three times, he served three combat tours in Iraq, and he was awarded the Bronze Star Medal. b. His second offense occurred when he was being selected for promotion to sergeant first class/E-7 and selected for assignment as a drill sergeant. c. Upon his discharge, the Department of Veterans Affairs (VA) determined he had a service-related disability (50 percent) for an unspecified trauma and stressor-related disorder. He deeply regrets his offense, but he also feels his disability affected the occurrence. d. Since his discharge, he has been gainfully employed, he has earned an associate's degree, and he is going to college full time to earn his bachelor's degree. He wants to be considered for further service to our nation. 3. The applicant provides a VA Rating Decision, dated 30 May 2014. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 21 June 2002 and remained on active duty through continuous reenlistments. 2. He served in Iraq from 28 August 2003 to 3 March 2004. 3. On 8 September 2004, he was issued a general officer memorandum of reprimand for driving while impaired on 2 September 2004. 4. He served in Iraq from 23 August 2006 to 22 August 2007. 5. He was promoted to the rank of staff sergeant/E-6 effective 1 October 2008. 6. He served in Iraq from 3 December 2008 to 4 December 2009. 7. The applicant's electronic medical record revealed a clinical encounter on 20 July 2012 showing he was diagnosed with an adjustment disorder with anxiety and depressed mood. 8. On 29 December 2012, he was arrested in Poughkeepsie, NY, for aggravated driving while intoxicated. 9. On 28 February 2013, he was notified of his pending separation for misconduct under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12c, for commission of a serious offense. The unit commander cited his arrest for driving while impaired as the reason for the proposed action. 10. On 5 March 2013, he consulted with counsel and waived consideration of his case by an administrative separation board. He acknowledged he might encounter substantial prejudice in civilian life if he were issued a general discharge. He elected not to submit a statement in his own behalf. 11. On 13 March 2013, the separation authority approved the recommendation for discharge and directed the issuance of a general discharge. 12. On 12 April 2013, he was discharged under honorable conditions (general) for misconduct – commission of a serious offense – under the provisions of Army Regulation 635-200, paragraph 14-12c. He completed 10 years, 9 months, and 22 days of creditable active service. 13. On 3 September 2014, the Army Discharge Review Board denied his request for a discharge upgrade. 14. He provided a VA Rating Decision, dated 30 May 2014, showing he was granted service connection for: * an unspecified trauma and stressor-related disorder (50 percent) effective 13 April 2013 * chronic lumbar strain (10 percent) effective 13 April 2013 15. An advisory opinion was rendered by the Army Review Boards Agency Senior Medical Advisor, dated 30 May 2017, wherein he stated: a. The available records do not reasonably support a boardable behavioral health condition existed at the time of the applicant's military service. b. The applicant was diagnosed with an adjustment disorder with anxiety and depressed mood (started on medical therapy) in conjunction with marital problems and alcoholism. This behavioral health condition met medical retention standards, was present at the time of his misconduct, and was partially mitigating for his misconduct. c. The applicant met medical retention standards for adjustment disorder with anxiety and depressed mood, hypercholesterolemia (high cholesterol), condyloma accuminata (venereal warts), history of pilonidal cyst (cyst at base of tailbone), refractive error/astigmatism, history of left hand pain, left ankle joint instability, bilateral pes planus moderate (existed prior to service) and other physical, medical, and/or behavioral health conditions in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 3. d. His medical conditions were duly considered during medical separation processing. e. A review of the available documentation found some evidence of a behavioral health condition which would support a change to the character or reason for the discharge in this case. Based on the information available for review at the time, the applicant did have a mitigating behavioral health condition for the offense which led to his separation from the Army. 16. A copy of this advisory opinion was provided to the applicant for comment and/or rebuttal. He responded on 5 July 2017 and stated: a. Thanks to the Montgomery GI Bill, he became a full-time student while also working part time at the Palm Beach State College Veteran's Resource Center. He received his Associate in Arts degree in 2015. He will complete his final semester for a bachelor's degree in Supervision and Management in December 2017. He continues to fully support his family. b. He has learned from the mistakes of his youth. c. He appreciates the opportunity that an honorable discharge decision by the Board will enable. REFERENCES: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel from active duty. a. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Paragraph 14-12c provides that Soldiers are subject to separation for commission of a serious military or civil offense if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. The issuance of a discharge under other than honorable conditions is normally considered appropriate. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record. b. An honorable discharge is defined as a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty. c. A general discharge is defined as a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. DISCUSSION: 1. The available medical evidence shows the applicant was diagnosed with an adjustment disorder with anxiety and depressed mood in July 2012. 2. His record of service during his last enlistment included an arrest for aggravated driving while intoxicated while serving in the rank of staff sergeant/ E-6. 3. He was issued a general discharge under honorable conditions by reason of misconduct (serious offense). 4. His administrative separation for misconduct was accomplished in compliance with the applicable regulation with no indication of procedural errors that would have jeopardized his rights. 5. He contends his disability (an unspecified trauma and stressor-related disorder) affected the occurrence of his driving while impaired offenses. 6. The medical advisory official reviewed his records and determined there was some evidence of a behavioral health condition which would support a change to the character or reason for the discharge and that he did have a mitigating behavioral health condition for the offenses which led to his separation from the Army. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018725 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018725 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2