1. Applicant's Name: a. Application Date: 15 January 2016 b. Date Received: 29 January 2016 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 received documents that reflect his discharge was changed to honorable. The applicant contends that the charges that were used as the basis for his discharge were dropped; therefore, his discharge and demotion from CPL/E-4 should be changed. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has a Behavioral Health Condition (PTSD) which mitigates his misconduct. As PTSD is associated with the use of alcohol to self-medicate PTSD symptoms, there is a nexus between the applicant's PTSD and the offenses of driving under the influence of alcohol and being drunk on duty. AHLTA and JLV reviewed. AHLTA notes indicate that the applicant was diagnosed with Chronic PTSD while on active duty. He admitted he drank to reduce his anxiety level. He was reluctant to discuss his PTSD symptoms while in the Army because he did not want to be seen as someone with "PTSD". He has been rated as 50 percent service-connected by the VA for PTSD, 10 percent for traumatic arthritis. In a records review conducted at Arlington, VA on 19 April 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and circumstances surrounding his discharge (i.e. DUI mitigated by PTSD), and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade to 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: 27 October 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 August 2009 (2) Basis for Separation: The applicant was charged with driving under the influence of alcohol (20 January 2009). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 25 August 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 26 September 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 September 2005 / NIF; however, the record shows an ETS date of 18 March 2013 b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 109 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B1V, Infantryman / 4 years, 1 month, 13 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (28 March 2006 to 12 July 2006 and 28 December 2006 to 12 April 2007), Afghanistan (24 July 2007 to 24 August 2007), and Iraq (30 June 2008 to 19 October 2008) f. Awards and Decorations: AGCM, NDSM, ACM-2CS, ICM-CS, GWOTSM, ASR, OSR, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Civilian Police Arrest Report, dated 20 January 2009, indicates the applicant was arrested for having a .13 BAC subsequent to being stopped for speeding. CG Article 15, dated 3 June 2009, for failing to go to his appointed place of duty at the prescribed time (21 May 2009). The punishment consisted of a reduction to E-3, forfeiture of $434, and 14 days of extra duty and restriction. FG Article 15, dated 4 August 2009, for being incapacitated in the performance of his duties due to wrongful previous overindulgence of intoxicating liquor or drugs on 18 June 2009. The punishment consisted of a reduction to E-2, forfeiture of $784 pay per month for two months (suspended), and 45 days of extra duty and restriction. Negative counseling statements for being recommended for an involuntary separation; being involved in a DUI incident; and failing to be at his appointed place of duty at the prescribed time. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 12 August 2009, indicates the applicant was diagnosed with alcohol abuse, features of combat related stress, and stress from family support system. He was cleared for any administrative proceedings deemed appropriate or necessary by his command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 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 and the issues submitted with his application were carefully reviewed. The record further 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 by violating the Army's policy not to abuse alcohol, compromised the special trust and confidence placed in a Soldier. The applicant, as a Soldier, had the duty to support and abide by the Army's alcohol abuse policies. By abusing alcohol, the applicant knowingly risked a military career and diminished the quality of his service. 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 have been retained on Active Duty. The applicant contends he received documents showing his discharge was changed to honorable and that the charges that were used as the basis for his discharge have been dropped; therefore, his discharge and demotion from CPL/E-4 should be changed. However, the record does not support his contentions. The applicant's statements alone do not provide a relief and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. 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 19 April 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and circumstances surrounding his discharge (i.e. DUI mitigated by PTSD), and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade to 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: 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 AR20160004157 1