1. Applicant's Name: a. Application Date: 23 June 2015 b. Date Received: 27 October 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, he would like an upgrade for the purpose of being able to reenlist and receive education benefits. He contends that since his discharge, he has taken and completed drinking classes based off of his offense. He was told he was command referred but could be self- referred, he then self-referred and wanted to stay longer. He loved the change he saw in himself. He applied for additional duties to show people that although he made a mistake, he could change. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. Medical Prescreen of Medical History Report (DD Form 2807-2) dated 6 Nov 2012 was unremarkable. Report of Medical History (DD Form 2807-1) dated 20 Nov 2012 with unremarkable medical history; No to illegal drug or alcohol abuse. Report of Medical Examination (DD Form 2808) dated 20 Nov 2012 with unremarkable clinical evaluation (birthmark), PULHES-111111, qualified for service. The electronic medical records (AHLTA) were reviewed with clinical encounters from February 2013 through June 2015. No clinical notes or radiology reports. Laboratory results reviewed from February 2013 through February 2015. Report of Medical History (DD Form 2807-1) dated 12 Feb 2015 with two allergy medications, several 'yes' responses defined in item 28, reviewed with provider on 19 Feb 2015. , Report of Medical Examination (DD Form 2808) dated 18 Feb 2015 with two allergy meds, unremarkable clinical evaluation, PULHES-111111, qualified for service/chapter. Report of Mental Status Evaluation (DA Form 3822) dated 24 Feb 2015 with Axis I - Alcohol disorder (per AHLTA); Axis II - no diagnosis: Axis III - deferred. Negative PTSD and TBI screening. Currently receiving services at ASAP (Army Substance Abuse Program). A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Administration records notes 10 problems (five VA entered including allergic rhinitis, tinea pedis, elevated liver enzymes, and tobacco use). The Veteran's Administration has not service-connected the applicant. In a records review conducted at Arlington, VA on 27 January 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (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: 3 June 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 April 2015 (2) Basis for Separation: The applicant drove under the influence of alcohol, damaged government property, damaged another person's vehicle, and left the scene of an accident (9 February 2015). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 21 April 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 May 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 years and 18 weeks b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-3 / 13F10, Fire Support Specialist / 2 years, 3 months, 15 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Summarized Record of Proceedings Under Article 15, UCMJ, dated 24 November 2014, for with intent to deceive made to 2LT T.H.B., an official statement to wit; he had no knowledge of his driving citation, "it must be a mix" up or word to the affect. The punishment consisted of extra duty and restriction for seven days. Military Police Report, dated 9 February 2015, reflects the applicant was the subject of an investigation for a traffic accident with injuries/damage to government/private property, driving under the influence (alcohol), leaving the scene of an accident (unattended), striking a fixed object, improper backing, failure to drive on the roadway laned for traffic, and failure to obey general order (driving while post privileges suspended). Army Substance Abuse Program (ASAP) Enrollment, dated 9 February 2015, which shows the applicant was command referred after hitting a street light on a side walk, hitting a parked car and leaving the scene of the accident. The applicant received numerous negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 24 February 2015, which reflects the applicant was diagnosed with (Axis I) alcohol disorder (per AHLTA). It was noted the applicant was mentally responsible, able to distinguish right from wrong, and had the mental capacity to understand and participate in administrative/board proceedings. The applicant was psychiatrically cleared for any administrative action deemed appropriated by his command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, the applicant makes reference to having sent a letter of conduct/good standing from her military command and community; however, the document was not attached to the application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members' discharges. "Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre- existing conditions which are determined not to have been incurred or aggravated while in military service." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents 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 provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance. The applicant contends that since his discharge, he has taken and completed drinking classes based off of his offense. He was told he was command referred but could be self-referred, he then self-referred and wanted to stay longer. The applicant's contentions were noted; however, evidence in the record shows the applicant was command referred to ASAP as a result of his alcohol related incidents and not as a result of his self-referral. The applicant's post-service accomplishments have been noted as outlined on the application and the applicant is to be commended for his accomplishment. The applicant expressed his desire for an upgrade for the purpose of being able to reenlist and receive education benefits. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does 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. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. 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: In a records review conducted at Arlington, VA on 27 January 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD / RE Code to: No Change e. Restore (Restoration of) Grade to: No Change AUTHENTICATING OFFICIAL: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer 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 NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150017700 1