1. Applicant's Name: a. Application Date: 13 August 2016 b. Date Received: 19 August 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, after returning from Iraq he began having flashbacks from his combat experiences. He starting drinking alcohol as way to escape his night terrors of Iraq. He was the first Soldier from his brigade to get arrested after returning from deployment and his first sergeant made an example out of him. He was under a lot of stress due to what he witnessed in Iraq; and this incident resulted in what he believes was PTSD. He has been impacted negatively by the discharge he received. Per the Board's Medical Officer, based on the information available for review at the time, case file, AHLTA and JLV were reviewed. Based on the available information, the applicant does not have a mitigating behavioral health disorder for the offenses leading to his discharge from the Army. In a records review conducted at Arlington, VA on 8 November 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: 15 February 2011 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 29 December 2010 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge: he was arrested for being drunk and disorderly, at the Huddle House in Columbus, Georgia (19 August 2010); he was arrested for driving under the influence at Fort Benning, Georgia (21 January 2009); and he were arrested for driving with a suspended license (19 August 2005). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 4 January 2011 (5) Administrative Separation Board: The applicant voluntarily waive consideration of his case by an administrative separation board contingent upon him receiving characterization of service no less favorable than general (under honorable conditions). (6) Separation Decision Date / Characterization: 25 January 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 July 2010 / 2 years b. Age at Enlistment / Education / GT Score: 28 years / HS Graduate / 90 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92Y10, Unit Supply Specialist / 9 years, 16 days d. Prior Service / Characterizations: USN, 23 January 2002 to 22 January 2006 / NA USNR, 23 January 2006 to 23 January 2008 / NA RA, 24 January 2008 to 21 July 2010 / HD e. Overseas Service / Combat Service: SWA / Iraq, 10 October 2009 to 15 August 2010 f. Awards and Decorations: AAM-2, NDSM, GWOTEM, GWOTSM, ASR, USN-"E-2," NGCM, NSSDR-2 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 21 January 2009, indicates that the applicant was under investigation for drunken driving (driving under the influence of alcohol) and failure to drive on the roadway laned for traffic, on post. FG Article 15, dated 19 March 2009, for physically controlling a vehicle, a passenger car, while drunk and while the alcohol concentration in his breath was as shown by chemical analysis equal to or exceeded .08 grams or more of alcohol per 210 liters of breath which is the limit under USAIC Regulation 190-5, paragraph 2-9a(3) (21 January 2009); reduction to PFC / E-3, forfeiture of $450 pay for two months (suspended), extra duty and restriction for 45 days. Military Police Report, dated 19 August 2010, relates that the applicant was under investigation for civil arrest, drunk disorderly conduct, off post. Report of Mental Status Evaluation, dated 6 October 2010, shows that the applicant did not suffer from any mental health problems which required disposition through medical channels at the time. The applicant screened negative for mTBI and PTSD. He was mentally responsible, able to distinguish right from wrong and adhere to the right. He had the mental capacity to understand and participate in administrative or legal proceedings. He was psychiatrically cleared for any administrative action deemed necessary by Command. The applicant received several negative counseling statements for various acts of misconduct; chapter action, being flagged, and monthly counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application (six pages); and a DD Form 214. 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. 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, after returning from Iraq he began having flashbacks from his combat experiences; and he was under a lot of stress due to what he witnessed in Iraq; and this incident resulted in what he believes was PTSD. The record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, the Community Counseling Center and other medical resources available to all Soldiers. The service record contains no evidence of a PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant further contends, he starting drinking alcohol as way to escape his night terrors of Iraq. 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 also contends, he was the first Soldier from his brigade to get arrested after returning from deployment and his first sergeant made an example out of him. 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 applicant additionally contends, he has been impacted negatively by his discharge. 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 8 November 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 AR20160014698 1