1. Applicant’s Name: a. Application Date: 7 May 2015 b. Date Received: 8 May 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests that his general, under honorable conditions discharge be upgraded to honorable. The applicant seeks relief contending, in effect, he was going through a difficult moment in his life (i.e., dealing with a divorce) and he lost his daughter in the same time frame. This is no excuse and he recognized his mistake and is asking for a second chance. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had no mitigating medical or behavioral health conditions for the offenses (driving under the influence and making a false statement). The Active Duty electronic medical records were reviewed and revealed a diagnoses of Partner Relational Problem and Adjustment D/O from 2011 following a Domestic Case with FAP; diagnosis of Occupational Problem in 2012 due to conflict with unit; and diagnosis of Adjustment D/O December 2013 following DUI and death of daughter. Successfully completed Prime for Life. On the medical examination, dated 5 February 2014, the applicant reported feelings of depression in response to daughters' death; however, medical records are void of a depression diagnosis. Psychologist in MOR, dated 10 February 2014, reported the applicant’s grief and treatment had no impact on his occupational functioning. The behavioral health condition was not a mitigating factor for misconduct that led to the separation action of the respondent from the Army. In a records review conducted at Arlington, VA on 3 August 2016, 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: 22 May 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 March 2014 (2) Basis for Separation: The applicant was arrested for driving under the influence and made a false official statement (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 1 April 2014 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 6 May 2014 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 16 January 2013 / 3 years b. Age at Enlistment/Education/GT Score: 23 / HS Grad / 89 c. Highest Grade Achieved/MOS/Total Service: E-4 / 92A10 Automated Logistical / 4 years, 3 months, and 26 days d. Prior Service/Characterizations: USAR, 26 August 2009 – 27 January 2010 / NA RA, 27 January 2010 – 15 January 2013 / HD e. Overseas Service/Combat Service: None f. Awards and Decorations: AAM, AGCM, NDSM, GWTSM, NOPDR, ASR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: CG Article 15, dated 9 January 2014, for making an official statement which was totally false on 15 December 2013. The punishment imposed was seven days of extra duty. DA Form 4856 (Developmental Counseling Form), dated 25 February 2014, for initiation of separation action for pending UCMJ action. General Officer Memorandum of Reprimand (GOMOR), dated 12 March 2014, for operating a motor vehicle while under the influence of alcohol with a BAC of 0.16 percent. Copy of Civilian Arrest Report dated 15 December 2013, indicates the applicant was driving under the influence of alcohol and failed the SFST. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: DA Form 3822 (Report of Mental Status Report), dated 13 January 2014, indicates an Axis I: Alcohol abuse-Episodic. The applicant was cleared for any administrative action deemed appropriate by the command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 7 May 2015; DD Form 214, dated 22 May 2014; four character reference letters from various individuals; Permanent Order dated 17 December 2012, awarding the Good Conduct Medal; DA Form 638, Recommendation for Award, undated; DA Form 1059, Service School Academic Evaluation Report, dated 7 November 2013; three certificates of completion; memorandum for record from the Clinical Psychologist, dated 10 February 2014, memorandum from the Alcohol Drug Abuse Prevention Training/ Prime for Life dated 23 January 2014. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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, by implication provided the same guidance to the Service Discharge Review Boards whose decisions are reviewable by the Service Correction Boards. That memorandum provided PTSD or PTSD-related conditions "will be considered potential mitigating factors in the misconduct that caused the under other than honorable conditions characterization of service." However, the memorandum also states, "Corrections Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service of under 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 the 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 that his general, under honorable conditions discharge be upgraded to honorable. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed. 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. The applicant marred the quality of his service by receiving an Article 15 for violation of the Uniform Code of Military Justice, General Officer Memorandum of Reprimand, and a Civilian Police Report for being arrested for driving under the influence. 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, in effect, he was going through a difficult moment in his life (i.e., dealing with a divorce) and he lost his daughter in the same time frame. This is no excuse and he recognize his mistake and is asking for a second chance. While the applicant may believe his personal issues at home was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from his issues through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 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 3 August 2016, 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: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: 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 NA - Not applicable 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 OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150008038 4