1. Applicant's Name: a. Application Date: 17 November 2015 b. Date Received: 20 November 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, his characterization of service was based upon a very short period of time, which was unjust. At that time, the applicant contends that he was dealing with the stress of recovering from a broken limb, a possible discharge from military service because of the severity of his injury, the deaths of his parent and grandparent, and the stroke of the grandparent that was instrumental in his upbringing. The applicant states that he was handling all of things alone with no support from his leadership. In his frustration, he made a decision to drink, which led to other bad choices. Prior to this period in his life, he had many professional accomplishments that included receiving awards and excelling in professional training courses. He does not deny that he made some poor decisions during his distress, but he believes that time alone should represent his overall six years of service. None of his accomplishments were taken into consideration. In a records review conducted at Arlington, VA on 8 March 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 / Chapter 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 1 August 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 April 2011 (2) Basis for Separation: The applicant was informed of the following reasons: received a DUI/refusal on two separate occasions (14 February and 3 November 2010); and, violated a sobriety court order by consuming alcohol (7 February 2011). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 18 April 2011 (5) Administrative Separation Board: Conditionally waived, 18 April 2011, contingent upon him receiving a characterization of service no less favorable than honorable discharge. On 19 May 2011, the applicant's conditional waiver was disapproved. On 1 June 2011, the applicant was notified to appear before an administrative separation board and advised of his rights. On 22 June 2011, the administrative separation board convened and the applicant appeared with counsel. The board recommended the applicant's discharge with characterization of service of under other than honorable conditions. On 1 July 2011, the separation authority approved the findings and recommendations of the administrative separation board and directed the applicant's discharge with a characterization of service of under other than honorable conditions. (6) Separation Decision Date / Characterization: 1 July 20011 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 December 2007 / 6 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 115 c. Highest Grade Achieved / MOS / Total Service: E-4 / 42A1P F5, Human Resources Specialist / 6 years, 1 month, 5 days d. Prior Service / Characterizations: USAR, 27 June 2003 to 10 August 2003 / NA IADT, 11 August 2003 to 17 December 2003 / UNC USAR, 18 December 2003 to 6 February 2006 / NIF RA, 7 February 2006 to 12 December 2007 / HD e. Overseas Service / Combat Service: SWA / Kuwait (8 August 2008 to 10 July 2009) f. Awards and Decorations: AAM, AGCM-2, GWOTEM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: State Of North Carolina, District Court document, dated 14 February 2010, reflects the applicant willfully refused to submit to a chemical analysis. Memorandum, dated 12 August 2010, reflects the applicant was deemed an alcohol rehabilitation failure for his continued use of alcohol while enrolled in ASAP. General Officer Memorandum of Reprimand, dated 2 February 2011, for driving while impaired after being stopped for reckless driving on 13 November 2010. He refused to take a lawfully requested intoximeter test. Military Police Report, dated 2 April 2011, reflects the applicant was apprehended for failure to comply with sobriety court conditions (off post) for driving while impaired, driving while licensed revoked and improper turn. Numerous Developmental Counseling Forms for failing follow a direct order; driving after consuming alcohol; enrollment in ASAP; arrest; violating a court order; and, pattern of serious misconduct. The applicant s driver's license was revoked. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Behavioral Health Evaluation, dated 17 March 2011, reflects the applicant was mentally responsible with clear a clear thinking process and had the mental capacity to understand and participate in the proceedings. The applicant was diagnosed with (Axis I) Occupational Problems. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; DD Form 214; a self-authored statement; three character statements; discharge certificate; reenlistment oath; and, copies of his military award and course completion certificates. 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." "Conditions documented in the 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 PTSD or PTSD related conditions 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 under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service 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 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 his under other than 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, such that he should be retained on active duty. The applicant contends that his characterization of service was based on an isolated period of time. Although a single incident or short period of time, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends that he was having family issues that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant contends that he was dealing with a lot of stress, which caused the behavior that lead to his discharge. However, the service record contains no evidence of stress disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant contends that he had good service which included tour in Kuwait. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. 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 8 March 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 AR20160000382 1