1. Applicant's Name: a. Application Date: 7 July 2016 b. Date Received: 12 July 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, his combat deployments left him in a desolate place mentally where he was using alcohol to cover up his PTSD symptoms. The taking of another human's life and the destruction that he caused took a toll on him mentally and manifested in depression. A night of reckless behavior should not outweigh two honorable combat deployments. He desires to receive VA benefits to attend school. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has AHLTA diagnoses that include Adjustment Insomnia, Anxiety Disorder NOS, Concussion with Loss of Consciousness Under 1 Hour, History of Concussion, History of Traumatic Brain Injury, Insomnia, Late Effect of Intracranial Injury, Memory Lapses or Loss, Occupational Problem, Post-concussion Syndrome, Post-Traumatic Headache Chronic, and PTSD. The timing of his DUI citation clearly mitigates his drinking and arguably mitigates his driving after becoming intoxicated. In a records review conducted at Arlington, VA on 27 September 2017, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. in- service diagnosis of PTSD) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (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: 24 December 2012 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 4 December 2012 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he was apprehended for driving under the influence of alcohol. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 12 December 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 17 December 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 September 2008 / 4 years b. Age at Enlistment / Education / GT Score: 19 years / HS Graduate / 134 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B1P, Infantryman / 4 year, 3 months, 21 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan x2, 1 March 2009 to 1 March 2010 and 18 December 2011 to 27 July 2012 f. Awards and Decorations: ARCOM, AAM, AGCM, NDSM, ACM-3CS, GWOTSM, ASR, OSR-2, NATO MDL, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 17 September 2012, relates the applicant was under investigation for driving under the influence of alcohol, off post. An administrative General Officer Memorandum of Reprimand, dated 17 September 2012, for driving under the influence of alcohol. He provided a breath sample which resulted in a breath alcohol content of .186 percent. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 2 October 2012, revealed the applicant had an Axis I diagnosis of an anxiety disorder and an Axis III diagnosis of post traumatic headache by history. Applicant was treated for Post Traumatic Headache by Elmendorf TBI clinic and remains in treatment for ongoing symptoms. In addition to TBI symptoms he endorses anxiety symptoms and poor sleep. He was cleared for the chapter process, denies SI/HI however is referred to BH services for ongoing treatment and assessment to rule out PTSD diagnosis. Report of Medical Examination, dated 2 October 2012, relates the applicant was diagnosed with migraines and insomnia. Chronological Record of Medical care, dated 5 December 2012, revealed that the applicant was diagnosed with PTSD and prescribed medication for treatment. VA rating Decision, dated 7 July 2014, indicates that the applicant was diagnosed with migraines and granted a service connected 30 percent disabling rating and TBI and granted a service connected 10 percent disabling rating. His overall rating was 50 percent, effective 25 December 2012. 5. APPLICANT-PROVIDED EVIDENCE: Two DD Forms 149 (four pages); applicant's statement (two pages); request for sponsor memorandum; 11 character statements; chronological record of medical care (21 pages); VA claim decision (six pages); two sworn statements (six pages); prime for life certificate; AGCM certificate; two ARCOM citations; AAM citation; NATO certificate; Cobra Gold certificate; Combat Life Saver certificate; Airborne Course diploma; 50th Infantry Certificate of quality; DD Form 214; and a letter, Director, Case Management Division. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states in a document submitted with his application he is employed with Cedars Sinai Medical Center in Beverly Hills. 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 the characterization of service from general (under honorable conditions) 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. By the misconduct (serious offense), the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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 seeks relief contending, his combat deployments left him in a desolate place mentally where he was using alcohol to cover up his PTSD symptoms. The applicant submitted a medical document that shows he was diagnosed with PTSD and prescribed medication for treatment. 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 further contends, taking of another human's life and the destruction that he caused took a toll on him mentally and manifested in depression. The service record contains no evidence of a diagnosis of depression and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant also contends, a night of reckless behavior should not outweigh two honorable combat deployments. Although a single incident, 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 of service. The applicant desires to receive VA benefits to attend school. 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 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 September 2017, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. in-service diagnosis of PTSD) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / No change to RE code f. Restore 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 AR20160012820 5