IN THE CASE OF: Ms. BOARD DATE: 14 January 2015 CASE NUMBER: AR20140000825 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests an upgrade of his discharge from general, under honorable conditions to honorable. 2. The applicant states, in effect, he served his country honorably for six years without a major incident. His substance abuse was brought on by Post Traumatic Stress Disorder (PTSD). He is enrolled in vocational rehabilitation to obtain assistance with career placement. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 2 January 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 28 January 2013 d. Reason/Authority/SPD/RE: Misconduct (Serious Offense), AR 635-200, Chapter 14, paragraph 14-12c, JKQ, RE-3 e. Unit of assignment: 164th Military Police Company, 793rd Military Police Battalion, Joint Base Elmendorf-Richardson, AK f. Current Enlistment Date/Term: 20 March 2012, 4 years g. Current Enlistment Service: 10 months, 9 days h. Total Service: 7 years, 5 months, 11 days i. Lost time: None j. Previous Discharges: ARNG (050818-050904)/NA IADT (050905-060202)/UNC ARNG (060203-060323)/HD (Break in Service) RA (060524-080318)/HD RA (080319-120319)/HD k. Highest Grade Achieved: E-5 l. Military Occupational Specialty: 25U20, Signal Support System Specialist/92G10 Food Service Operations m. GT Score: 88 n. Education: 1 year of college o. Overseas Service: Alaska/Southwest Asia p. Combat Service: Afghanistan (110322-120324), Iraq (070321-080530) q. Decorations/Awards: ARCOM-3, AAM-4, AGCM-2, NDSM, ACM-W/2 CS, ICM-W/CS, GWOTSM, NPDR, ASR, OSR-3, CAB r. Administrative Separation Board: No s. Performance Ratings: Yes t. Counseling Statements: No u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Army National Guard on 18 August 2005, for a period of 8 years. He was 18 years old at the time of entry and a high school graduate. On 5 September 2005, he was ordered to IADT; he trained in and was awarded military occupational specialty (MOS) 92G10, Food Service Operations. He was discharged on 23 March 2006, with an honorable discharge. He had a break in service. The applicant enlisted in the Regular Army on 24 May 2006, for a period of 3 years. He was 18 years old at the time of entry and a high school graduate. He trained in and was awarded military occupational specialty (MOS) 25U20, Signal Support System Specialist. He reenlisted on 19 March 2008, for a period of 5 years and he was 20 years old at the time. His last enlistment on 19 March 2012, was for a period of 6 years, and he was 24 years old at the time. His record shows he served two combat tours, earned several awards including an ARCOM-3, AAM-4, AGCM-2, and a CAB; and he achieved the rank of SGT/E-5. He was serving at Joint Base Elmendorf-Richardson, AK, when his discharge was initiated. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates on 29 November 2012, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of misconduct (serious offense), for being arrested and charged with driving under the influence of alcohol (120930). 2. Based on the above misconduct, the unit commander recommended an under other than honorable conditions discharge and advised the applicant of his rights. 3. On 20 December 2012, the applicant consult with legal counsel, was advised of the impact of the discharge action, voluntarily waived consideration of his case by an administrative separation board, contingent upon him receiving a characterization of service of no less favorable than general, under honorable conditions, and did not submit a statement on his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge. 4. On 27 December 2012, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 5. The applicant was discharged from the Army on 28 January 2013, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, for misconduct (serious offense), with a Separation Program Designator code (SPD) of JKQ and a RE code of 3. 6. The applicant’s service record does not contain any evidence of unauthorized absences, time lost, negative counseling statements or action under the Uniform Code of Military Justice (UCMJ). EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. An administrative General Officer Memorandum of Reprimand (GOMOR), dated 13 December 2012, for driving under the influence of alcohol. 2. District Court State of Alaska, Third Judicial District document (six pages), dated 30 September 2012, indicating the applicant was charged with driving under the influence of alcohol. 3. The record contains a successful NCOER covering the period from 1 July 2011 through 30 June 2012. 4. A DA Form 3822 (Report of Mental Status Evaluation), dated 16 November 2012, indicating the applicant was diagnosed with PTSD, an adjustment disorder and alcohol abuse. However, the applicant was cleared by behavioral health for Chapter 14 separation based on a DUI, where the applicant indicated the incident was not related to behavioral adjustment issues; he admitted to being out attending bars and clubs. The applicant showed positive indicators for mild PTSD, but this did not cause the DUI incident. He also scored high for Traumatic Brain Injury (TBI), but this was also not relatable to the violation associated with the Chapter 14. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, a character statement, Department of Veterans Affairs (VA) compensation decision (five pages), and a VA Rating Decision (four pages), and a DD Form 214. POST-SERVICE ACTIVITY: The applicant stated he is enrolled in vocational rehabilitation to obtain assistance with career placement. REGULATORY AUTHORITY: 1. 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. 2. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual. 3. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. However, after examining the applicant’s record of service, his military records, the issues and documents submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. The record confirms that 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 his service below that meriting a fully honorable discharge. The applicant’s record of service was marred by a GOMOR and Alaska Court documents. 3. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the misconduct or poor duty performance. 4. The applicant contends he served his country honorably for six years without a major incident. Although a single 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 a single 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. 5. The applicant further contends his substance abuse was brought on by PTSD. The applicant is to be commended for treatment he is receiving regarding his PTSD as indicated in the issues block. However, on 16 November 2012, the applicant underwent a mental status evaluation which indicated, the applicant was cleared by behavioral health for a Chapter 14 separation based on a DUI. The evaluation further indicated the incident was not related to behavioral adjustment issues and the applicant admitted to being out attending bars and clubs. The evaluation also showed the applicant had positive indicators for delayed mild PTSD, but this did not cause the DUI incident and recommended the applicant receive follow-up care with the VA. 6. Further, the VA documents the applicant submitted are acknowledged granting the applicant a 70 percent disability rating for PTSD and other medical conditions. The fact the VA granted the applicant service connection disability for medical conditions he suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time his discharge was processed. Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed a serious act of misconduct. 7. The applicant also contends he is enrolled in a vocational rehabilitation program to obtain assistance with career placement. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 8. The records show the proper discharge and separation authority procedures were followed in this case. 9. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 14 January 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 0 No Change: 5 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: No Change Characterization to: No Change Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140000825 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1