1. Applicant's Name: a. Application Date: 9 May 2016 b. Date Received: 4 August 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, that he would like an upgrade of his discharge for the purpose of being able to apply to receive his GI Bill benefits to further his education and advance in his civilian career. He contends at the time of discharge he was two days short of his contract completion with 60 days of leave. He believes that his discharge was processed very quickly causing him to go through a lot of chaos during the period of Thanksgiving and not properly clear the installation. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant had a partially mitigating medical or behavioral health condition for the offenses which led to his separation from the Army. Electronic medical records indicated diagnoses of Severe Major Depression, Cannabis Dependence, Alcohol Use Disorder, and Polysubstance Dependence. SM also started using substances at the age of 9, went to a court mandated substance treatment program at the age of 15, and started drinking daily at the age of 17, but cut down prior to the Army with it peaking in Feb 2014. SM was first seen by ASAP twice in September 2013 following an incident of being drunk and disorderly (25 August 2013) and underage drinking (26 August). ASAP treatment was continued in Feb 2014 at which time he continued to drink while enrolled. SM had a suicide attempt in April 2014 in which he drank alcohol and crashed his car after driving 95mph. He was inpatient hospitalized and voiced frustration about having survived the crash and indicated he wanted to die, but in a crash, so no one could be blamed and deal with issues of guilt. SM participated in a partial hospitalization program with the primary diagnoses being Depression and Polysubstance Dependence. SM continued to demonstrate misconduct and in September 2014 SM reported to his 1SG that he would either drink or shoot himself to get out of going to the field. In summary, Depression can be associated with use of alcohol and substances for self-medication, risk-taking behaviors, impaired judgment, and impulsivity, however, throughout SMs treatment, he demonstrated poor judgment and insight, had significant use of substances prior to enlistment, and continued to abuse alcohol and engage in misconduct despite numerous rehabilitative efforts. In addition, 2 out of 3 of the alcohol related incidents that are part of his basis of separation, occurred (in August 2013) prior to the series of traumatic events (deaths of fellow soldiers and an uncle) that started in December 2013. Therefore his behavioral health conditions only partially mitigate his misconduct. In a records review conducted at Arlington, VA on 13 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: 26 November 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 November 2014 (2) Basis for Separation: The applicant was informed of the following reasons: violating a lawful general regulation by wrongfully consuming alcohol under the age of 21 on 20 March 2013; Being drunk and disorderly on 25 August 2013; Violating a lawful general regulation by wrongfully consuming alcohol under the age of 21 on 26 August 2013; and Being cited and charged with driving under the influence of alcohol on 6 April 2014. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 13 November 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 May 2011 / 3 years, 26 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 117 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92W10, Water Treatment Specialist / 3 years, 5 months, 26 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 25 August 2013, which shows the applicant was the subject of investigation for drunk and disorderly conduct. CG Article 15, dated 26 September 2013, for violation of a lawful general regulation on 20 March 2013 and 26 August 2013, by wrongfully consuming alcohol under the age of 21 and drunk and disorderly conduct on 25 August 2013. The punishment consisted of reduction to E- 3, forfeiture of $443 pay for one month (suspended), 30 days extra duty, and oral reprimand. Army Substance Abuse Program (ASAP) Enrollment, 24 January 2014, shows the applicant was enrolled as a result of underage drinking and disorderly conduct. Military Police Report, dated 6 April 2014, which shows the applicant was the subject of investigation for aggravated driving while intoxicated, failed to keep right, speeding, and traffic accident, single vehicle (without injuries). General Officer Administrative Reprimand, dated 5 August 2014, which shows the applicant was reprimanded for driving an automobile while under the influence of alcohol with a blood alcohol content of .19 percent. The applicant received several negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 12 August 2014, shows the applicant was diagnosed with an Axis I for polysubstance dependence. It was noted that the applicant could understand and participated in administrative proceedings and appreciate the difference between right and wrong. The applicant was screened for PTSD and screened positive with a score of 1/4. Though considered fit for duty at the time, the presence of traits consistent with personality disorder suggest the likelihood of future functional impairment and command was encouraged to request additional consultation from behavioral health should. It was also noted that there were no psychiatric symptoms sufficient to require hospitalization, necessitate limitations of duty, or interfere with effective military service. The applicant screened negative for all psychiatric disorders, to include PTSD, TBI, mood disorders, anxiety disorders, psychotic disorders, and personality disorders. The applicant was responsible for his behavior, could distinguish right from wrong, and possessed sufficient mental capacity to understand and participate in any administrative or judicial proceedings. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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 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. He contends at the time of discharge he was two days short of his contract completion with 60 days of leave. He believes that his discharge was processed very quickly causing him to go through a lot of chaos during the period of Thanksgiving and not properly cleared by the installation. The applicant's contentions were noted; however, 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 applicant expressed his desire for an upgrade of his discharge for the purpose of being able to apply to receive his GI Bill benefits to further his education and advance in his civilian career. However, 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. Further, 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 13 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 AR20160013972 3