1. Applicant's Name: a. Application Date: 14 July 2016 b. Date Received: 18 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, he would like to pursue a post military education utilizing the Post 9/11 G I Bill. The GI Bill will help him pursue a career in welding, a profession in dire need throughout the country. Per the Board's Medical Officer, based on the information available for review at the time, the SM was diagnosed with Adjustment Disorder with Depressed Mood, Alcohol Abuse, Alcohol Abuse in Remission, and Sleep Disturbances. The JLV showed a 30% service-connected VA disability for hearing loss. It did not diagnosis any other behavioral health conditions. He has no mitigating conditions. In a records review conducted at Arlington, VA on 18 October 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: 4 November 2015 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 1 September 2015 (2) Basis for Separation: The applicant was informed of the following reasons; under the provisions of AR 635-200, Chapter 9, for Alcohol or Drug Abuse Rehabilitation Failure. He was informed of the following reasons; after successfully completing the Army Substance Abuse Program (ASAP) twice; he was re-enrolled in the program (31 March 2015); and he was declared an ASAP failure (11 May 2015). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 1 September 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 29 September 2015 / General (Under Honorable Conditions) / the separation approving authority approved the applicant's discharge under the provisions of AR 635-200, Chapter 14-12c, commission of a serious offense. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 February 2012 / 4 years, 16 weeks b. Age at Enlistment / Education / GT Score: 21 years / HS Graduate / 102 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 8 months, 7 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan, 2 November 2013 to 2 June 2014 f. Awards and Decorations: ARCOM, AGCM, NDSM, ACM-CS, GWOTSM, ASR, NATO MDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 21 may 2015, for wrongful previous overindulgence in intoxicating liquor or drugs, incapacitated for the proper performance of his duties, conduct being prejudicial to good order and discipline in the armed forces and being of a nature to bring discredit upon the armed forces (23 March 2015); reduction to PFC / E-3; forfeiture of $479 pay; extra duty and restriction for 14 days. The applicant received numerous negative counseling statements for various acts of misconduct; initial, monthly counseling; and not receiving the AGCM. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 16 June 2015, relates that the applicant had an Axis I diagnosis of alcohol abuse (by history). He denied any symptoms of PTSD and also denied a history of sexual assault. He initially screened positive for mTBI, but after further evaluation he does not meet criteria for mTBI. There was no psychiatric disease or defect that warrants disposition through medical channels in accordance with AR 40-501, Standards of Medical Fitness. There are no psychiatric symptoms sufficient to require hospitalization, necessitate limitations of duty, or interfere with effective military service. He was psychiatrically cleared for chapter separation. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and a letter, Director, Case Management Division. 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 the characterization of service from general (under honorable conditions) to honorable. The applicant's record of service, the issues and document 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, he would like pursue a post military education utilizing the Post 9/11 G I Bill. 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 applicant further contends, the GI Bill will help him pursue a career in welding, a profession in dire need throughout the country. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 18 October 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 AR20160013097 3