1. Applicant’s Name: a. Application Date: 19 October 2015 b. Date Received: 26 October 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of his discharge from general, under honorable conditions to honorable. The applicant seeks relief contending, in pertinent part and in effect, his discharge is inequitable because it was based on an isolated incident after nine months of deployment in Afghanistan and over 29 months of active infantryman duty. He is a service-connected disabled veteran because of the physical and mental battle wounds he suffered in combat. While no counseling was offered, he admitted himself into counseling while on active duty. He was quickly discharged when he only had eight months of active duty left to serve out his enlistment contract. He was recognized for his performance by receiving many awards and medals. Per the Board’s Medical Officer, a review of the applicant's Active duty electronic medical records reveals behavioral health conditions which could be mitigating for the charges of driving while intoxicated with alcohol and being drunk on duty. The records indicate that the applicant was admitted to a facility for inpatient treatment on 15 July 2014. He had Depression and Suicide Ideations. At a re-evaluation on 7 August 2014, he was diagnosed with Post Traumatic Stress Disorder (PTSD). It was recommended that he be re-admitted for additional inpatient treatment due to persistent Anxiety, Depression, and Suicide ideations. Subsequent behavioral health encounters included the diagnoses of PTSD, Major depression, and Alcohol dependence. The PTSD and Depression may often be associated with substance abuse. More likely than not, there is a nexus between this applicant's behavioral health conditions and his misconduct. After carefully examining the applicant’s record of service during the period of enlistment under review and hearing his testimony, the Board determined that the characterization of service was too harsh and is now inequitable based on the overall length and quality of the applicant’s service, including his combat service, and the circumstances surrounding his discharge (i.e., the existence of PTSD and severe depression requiring inpatient care). The Board concluded that the other behavioral health issues may have been a causative factor in the misconduct that led to the discharge. After carefully weighing that fact against the severity of the applicant’s misconduct, there was sufficient mitigating evidence to warrant upgrading. Accordingly, in a records review hearing conducted at Arlington, VA on 9 May 2016, and by a 5-0 vote, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 14 January 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 December 2014 (2) Basis for Separation: The applicant was informed the reason for initiating an action to separate him was due to driving a motor vehicle on 2 July 2014 with a blood alcohol content of .224 percent, and being drunk on duty on 22 August 2014. (3) Recommended Characterization: General, Under Honorable Conditions discharge (4) Legal Consultation Date: 11 December 2014 (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 5 January 2014 / General, Under Honorable Conditions discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 21 August 2012 / 3 years, 16 weeks b. Age at Enlistment/Education/GT Score: 19 / HS Graduate / 96 c. Highest Grade Achieved/MOS/Total Service: E-4 / 11B10, Infantryman / 2 years, 4 months, 24 days d. Prior Service/Characterizations: None / NA e. Overseas Service/Combat Service: SWA / Afghanistan (21 April 2013-16 January 2014) f. Awards and Decorations: ARCOM; AAM; NDSM; ACM-CS; ASR; OSR; NATO MDL; MUC g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: Negative counseling statements for driving under the influence of alcohol; being drunk on duty; and failing to be at his appointed place of duty at the prescribed time. An Intox EC/IR-II: Quick Test, dated 22 August 2014, indicates the applicant’s result was .151. General Officer Memorandum of Reprimand (GOMOR), dated 2 September 2014, indicates the applicant was reprimanded for driving a motor vehicle on 2 July 2014, with a blood alcohol content of .224 percent. Report of Mental Status Evaluation, dated 6 November 2014, indicates the applicant was psychiatrically cleared for all administrative separation actions as deemed appropriate by his command. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: Reports of Medical History and Examination, dated 15 October 2014, note behavioral health issues and being treated for depression/suicide risk. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214 for service under current review. 6. POST SERVICE ACCOMPLISHMENTS: None. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian 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. Secretary of Defense Memorandum for Secretaries of the Military Departments, subject: Supplemental Guidance to Military Boards for Correction of Military/Naval records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014, by implication provided the same guidance to the Service Discharge Review Boards whose decisions are reviewable by the Service Correction Boards. That memorandum provided PTSD or PTSD-related conditions "will be considered potential mitigating factors in the misconduct that caused the under other than honorable conditions characterization of service." However, the memorandum also states, "Corrections Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service of under other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat-related PTSD or PTSD-related conditions as a causative factor in the misconduct resulting in the discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Correction Boards will also exercise caution in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of his discharge from general, under honorable conditions to honorable. The applicant’s record of service, and the issues and document submitted with his application were carefully reviewed. The record confirms that the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant contends the incident that caused his discharge was the only one in his entire Army career. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant’s contentions regarding his behavioral health issues were carefully considered. A careful review of the available record indicates the applicant's behavioral health issues along with notable service-connected post-traumatic stress disorder symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct it can grant appropriate relief by changing the reason for separation and/or the characterization of service. In consideration of the applicant’s service accomplishments and quality of his service prior to the incidents which led to his discharge, the Board can find that his complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: Per the Board’s Medical Officer, a review of the applicant's Active duty electronic medical records reveals behavioral health conditions which could be mitigating for the charges of driving while intoxicated with alcohol and being drunk on duty. The records indicate that the applicant was admitted to a facility for inpatient treatment on 15 July 2014. He had Depression and Suicide Ideations. At a re-evaluation on 7 August 2014, he was diagnosed with Post Traumatic Stress Disorder (PTSD). It was recommended that he be re-admitted for additional inpatient treatment due to persistent Anxiety, Depression, and Suicide ideations. Subsequent behavioral health encounters included the diagnoses of PTSD, Major depression, and Alcohol dependence. The PTSD and Depression may often be associated with substance abuse. More likely than not, there is a nexus between this applicant's behavioral health conditions and his misconduct. After carefully examining the applicant’s record of service during the period of enlistment under review and hearing his testimony, the Board determined that the characterization of service was too harsh and is now inequitable based on the overall length and quality of the applicant’s service, including his combat service, and the circumstances surrounding his discharge (i.e., the existence of PTSD and severe depression requiring inpatient care). The Board concluded that the other behavioral health issues may have been a causative factor in the misconduct that led to the discharge. After carefully weighing that fact against the severity of the applicant’s misconduct, there was sufficient mitigating evidence to warrant upgrading. Accordingly, in a records review hearing conducted at Arlington, VA on 9 May 2016, and by a 5-0 vote, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH – Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150017587 5