1. Applicant's Name: a. Application Date: 9 February 2016 b. Date Received: 25 March 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, his discharge was the result of his dealing with PTSD and a divorce. He contends he kind of lost his mind and got into some legal troubles in August of 2016. He believes his behavioral health records do not show he was evaluated properly. Per the Board's Medical Officer, based on the information available for review at the time, his PTSD actual or developing may help explain his alcoholism and his treatment resistance, it is implausible to continue to excuse repeated drunk driving on the ground an applicant has PTSD or some other behavioral health condition when he is receiving treatment for his alcoholism. His JLV showed an 80 percent service-connected disability rating from the VA. His VA Problem list included Persistent Mood Disorder, Alcohol Abuse, Obesity, Other Bipolar Disorder, PTSD, Insomnia, and Major Depressive Disorder. In a records review conducted at Arlington, VA on 17 May 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: 17 March 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 March 2011 (2) Basis for Separation: The applicant was informed of the following reasons: unlawfully operated a motor vehicle while under the influence of alcohol on divers occasions; and, violated a protection order and failing to report to his appointed place of duty on divers occasions. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 8 March 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 March 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 March 2008 / 6 years b. Age at Enlistment / Education / GT Score: 27 / GED / 86 c. Highest Grade Achieved / MOS / Total Service: E-5 / 13B10, Cannon Crewmember / 4 years, 9 months, 16 days d. Prior Service / Characterizations: 31 March 2006 to 13 March 2008 / HD e. Overseas Service / Combat Service: SWA / Iraq (6 September 2007 to 23 November 2008) f. Awards and Decorations: ARCOM, AGCM, NDSM, GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: 1 March 2010 to 24 February 2011, Marginal h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 18 December 2010, reflects the applicant was the subject of an investigation for driving under the influence and failure to report an accident. Law Enforcement Affidavit/Narrative, dated 20 December 2010, reference driving under the influence and leaving the scene of an accident. Memorandum for record, dated 22 December 2010, reference "Probable Cause Urinalysis and/or Breathalyzer. General Officer Administrative Reprimand, date 4 February 2011, for driving under the influence of alcohol on 17 December 2010, with a blood alcohol content (BAC) of .107. FG Article 15, dated 24 February 2011, for failing to go at the time prescribed to his appointed place of duty (2 September, 3 and 21 December 2010), and wrongful overindulgence in intoxicating liquor, incapacitated for the proper performance of his duties (22 December 2010). The punishment consisted of reduction to E-4, forfeiture of $1,115 pay per month for two months, and 45 days extra duty (suspended). The applicant received numerous negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: 1 day (AWOL, 20 January 2011 to 20 January 2011) / Detained by civilian authority and later released. j. Diagnosed PTSD / TBI / Behavioral Health: Mental Status Evaluation, dated 13 January 2011, reflects the applicant was diagnosed with (Axis I) depression. It was noted that he had the mental capacity to participate in the proceedings, was mentally responsible/able to distinguish between right and wrong, and met the retention requirements of Chapter 3, AR 40- 501. The applicant did not have a psychiatric condition which would warrant disposition through medical channels. He was psychiatrically cleared for any administrative action deemed appropriate by his command. He had received the OTSG required screening for PTSD and TBI for chapter separation. The applicant was cleared for Chapter 14-12b. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and letter from a Congressional Aide. 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 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 have been retained on Active duty. The applicant contends that his discharge was the result of him dealing with PTSD and a divorce. He contends he kind of lost his mind and got into some legal troubles in August of 2010. He believes his behavioral health records do not show he was evaluated properly. The applicant's contentions were noted; however, the service record contains no evidence of Post-Traumatic 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. Furthermore, the record shows that on 13 January 2011, the applicant underwent a mental status evaluation which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was dealing with PTSD and a divorce at the time of discharge and that he was not evaluated properly during his mental status evaluation. 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 17 May 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160006888 2