1. Applicant’s Name: a. Application Date: 11 May 2015 b. Date Received: 19 May 2015 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 pertinent part and in effect, his discharge based on an isolated incident in his 34 months of service was inequitable. Although making one bad decision caused his Army career, he has strived to better himself and continues to do the right things since his discharge. He completed a substance abuse program through the VA in 2013. An upgrade would allow him to use his GI Bill, graduate from the police academy, and become a police officer. 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 which led to his separation from the Army. In a records review conducted at Arlington, VA on 29 July 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 30 December 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: Undated (2) Basis for Separation: The applicant was informed of the following reasons: failed to report to his appointed place of duty due to prior overindulgence of alcohol (25 September 2009); wrongfully possessed cocaine (3 October 2009); wrongfully used cocaine, (between 4 October 2009 and 7 October 2009); and, drove under the influence (16 October 2009). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 23 November 2009 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: Undated / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 12 March 2007 / 3 years and 25 weeks b. Age at Enlistment/Education/GT Score: 21 / GED / 97 c. Highest Grade Achieved/MOS/Total Service: E-4 / 92W10, Water Treatment Specialist / 2 years, 9 months, and 19 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Iraq (1 November 2007 – 9 July 2008) f. Awards and Decorations: AAM, NDSM, ICM-AH, GWTSM, ASR, OSR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Civilian Police Report, dated 7 October 2009, indicates the applicant was the subject of an investigation for possession of cocaine. Drug Testing Results Report, dated 20 October 2009, indicates the urinalysis conducted on 7 October 2009, under “PO” (Probable Cause) basis tested positive for cocaine. Negative counseling statements for disobeying a lawful order; failing to be at his appointed place of duty at the prescribed time; being drunk on duty; driving under the influence of alcohol; wrongfully using cocaine; Civilian Incident Data report, 16 October 2009, indicates the applicant was arrested for driving under the influence. General Officer Memorandum of Reprimand, dated 4 November 2009, for driving under the influence of alcohol. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: Report of Medical Examination, dated 14 October 2009, indicates the applicant was being treated for anxiety, depression. Mental Status Evaluation, dated 22 October 2009, reflects the applicant was diagnosed with cocaine and alcohol abuse, and adjustment disorder with mixed anxiety and depressed mood. The applicant was psychiatrically cleared for separation proceedings. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; medical record, dated 18 March 2014; certificate of completion; performance and development summary; six character reference/supporting statements; graduating certificate; three certificates of training; high school diploma; tactical baton and handcuff training certifications; five certificates of completion; and two photos. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has completed a substance abuse program through the VA in 2013. 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. 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 ISSUE(S): The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. The applicant’s record of service, and 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 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 contends the incident that caused his discharge was an isolated incident in his 34 months of Army career. 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. 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 applicant contends an upgrade would allow him to use his GI Bill, graduate from the police academy, and become a police officer. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, 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. In consideration of the applicant's post-service accomplishments, the Board can find that his accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. Although the applicant did not raise behavioral health issues, a careful review of his service records indicates symptoms of behavioral health issues, which were carefully considered. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. 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 29 July 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 AR20150008886 5