1. Applicant’s Name: a. Application Date: 23 June 2016 b. Date Received: 8 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, his discharge was inequitable because it was based on an isolated incident during his 69 months of service with no other adverse action. In a personal appearance hearing conducted at Arlington, VA on 6 February 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include his combat service, his personal testimony, and his post service accomplishments (i.e. college and volunteerism) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, , with no change to the reentry code. (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: 14 October 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 September 2015 (2) Basis for Separation: The applicant drove under the influence of alcohol near Schofield Barracks with a BAC level of 0.113 percent (13 February 2015). (3) Recommended Characterization: Honorable (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 23 September 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 January 2010 / 6 years, 16 weeks / (extended for 3 months on 3 August 2016) b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 103 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B1P, Infantryman / 6 years, 16 days d. Prior Service / Characterizations: USAR, 29 September 2009 to 12 October 2010 / NA e. Overseas Service / Combat Service: Hawaii, SWA / Afghanistan (22 July 2010 to 31 May 2011) f. Awards and Decorations: AAM-2, AGCM, NDSM, ACM-2CS, GWOTSM, NOPDR, ASR, OSR-3, NATOMDL, EIB g. Performance Ratings: 1 May 2013 to 30 April 2014, Among The Best 1 May 2014 to 8 April 2015, Marginal h. Disciplinary Action(s) / Evidentiary Record: A negative counseling statement, dated 13 February 2015, for driving under the influence of alcohol. Military Police Report, dated 13 February 2015, reflects the applicant was the subject of an investigation for operating a vehicle under the influence of an intoxicant, on post. An administrative General Officer Memorandum of Reprimand, dated 24 February 2015, for driving under the influence of alcohol. FG Article 15, dated, 8 April 2015, for physically controlling a vehicle while drunk (13 February 2015). The punishment consisted of a reduction to E-4, forfeiture of $500 pay, and extra duty for 30 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 with attachments listed in block 8 of application. 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 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant’s available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant’s record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army. Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant contends that his discharge was inequitable because it was based on an isolated incident during his 69 months of service with no other adverse action. Although an isolated incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by an isolated incident provides the basis for a characterization of service. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The third party statements provided speak highly of the applicant. They all recognize his good conduct after leaving the Army; however, the persons providing the character reference statements were not in a position and some were not to fully understand or appreciate the expectations of the applicant’s chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. It is the applicant’s responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional documents: DMV Driving Record - (1 page) Unofficial College Transcript - (1page) b. The applicant presented no additional contentions. c. Witness: Yes (Father) 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 6 February 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include his combat service, his personal testimony, and his post service accomplishments (i.e. college and volunteerism) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, with no change to the reentry code. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) AR 635-200, Chapter 14-12a d. Change SPD / RE Code to: JKN / No Change e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board 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 AR20160014146 4