1. APPLICANT’S NAME: a. Application Date: 5 May 2015 b. Date Received: 22 June 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge to honorable and a change to the narrative reason for separation. The applicant states, in effect, he did not disobey orders and spent about 26 days of treatment at Laurel Ridge. A discharge upgrade would improve life for him and his family. He desires to receive VA benefits for school. In a personal appearance hearing conducted at Arlington, VA on 22 February 2016, and by a 4-1 vote, after carefully examining the applicant’s record of service during the period of enlistment under review, the Board determined the characterization of service was too harsh based on the applicant’s length and quality of service to include his combat service and his post service accomplishments (i.e., he completed the VA Substance Abuse Rehabilitation Program (SARP), stress management and psychotherapy with the VA; he is a church member in his community; also he completed two years of nursing program and is a registered nurse; and is a kid’s soccer coach), and his testimony and as a result it is now inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to honorable. The Board further determined the narrative reason for discharge was both proper and equitable and voted not to change it. (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: 8 May 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 April 2009 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; Receiving FG Article 15 on 30 April 2007, for physically being in control of a vehicle while drunk and for being drunk and disorderly; Being arrested by the Terrell Hills Police Department for public intoxication; afterwards he was transported to the detention cell at Fort Sam Houston, Texas, where he became extremely violent (14 February 2009); Assuming to be drunk on duty by his behavior (18 February 2009); Found off-post extremely drunk; when approached by an NCO he became extremely violent and assaulted another NCO and he attempted to run into on-coming traffic (17 March 2009); Refusing a command directed order by his superior commissioned officer to receive in-patient treatment (20 March 2009). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 17 April 2009 (5) Administrative Separation Board: Waived consideration of his case by an administrative separation board, contingent on him receiving a characterization of service no less favorable than general, under honorable conditions. (6) Separation Decision Date/Characterization: 30 April 2009 / General, Under Honorable Conditions Discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: The immediate reenlistment contract is not in the file b. Age at Enlistment/Education/GT Score: NIF / HS Graduate / 102 c. Highest Grade Achieved/MOS/Total Service: SGT / E-5 / 68K20, Medical Laboratory Specialist / 6 years, 2 months and 5 days d. Prior Service/Characterizations: RA (4 March 2003-NIF) / NA e. Overseas Service/Combat Service: SWA / Iraq (28 October 2005-6 October 2006) f. Awards and Decorations: ARCOM-4, AAM, AGCM, NDSM, ICM-W/CS, GWOTSM, NOPDR-2, ASR g. Performance Ratings: 10 October 2006-31 January 2007, Among The Best 1 February 2007-29 April 2007, Marginal h. Disciplinary Action(s)/Evidentiary Record: Military Police Report, dated 2 March 2007, indicates the applicant was under investigation for drunken, or reckless operation of a vehicle, traffic violations, failing to stop at a posted stop sign, (all off post). FG Article 15, dated 30 April 2007, for physically controlling a vehicle, to wit: a passenger car, while drunk (2 March 2007); drunk and disorderly (2 March 2007); reduction to SPC/E-4, forfeiture of $989 pay for two months, extra duty for 45 days, restriction for 45 days (suspended) and a verbal reprimand. Military Police Report, dated 14 February 20009, shows the applicant was under investigation for an outside agency arrest, public intoxication. The applicant received a negative counseling statement dated, 20 March 2009, for disobeying a lawful order from a superior commissioned officer. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: DA Form 2808 (Report of Medical Examination), dated 26 March 2009, indicates the applicant was diagnosed with alcohol abuse. Memorandum, Mental Health Examination, dated 3 April 2009, shows the applicant had an Axis 1 diagnosis of alcohol dependence, chronic and an adjustment disorder with disturbance of emotion and conduct. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; two Associate’s Degree certificates; two registered nurse certificates; VA SARP certificate; DA Form 4856 (Developmental Counseling Form); no drinking order memorandum; command directed medical treatment memorandum (three pages); and a conditions of liberty memorandum. Additional documents: excerpt of AR 635-200, pages 102-103; four DA Forms 638 (Recommendation for Award); soccer photo; several award citations; several certificates of completion/appreciation; NCOER; 6. POST SERVICE ACCOMPLISHMENTS: He completed the VA Substance Abuse Rehabilitation Program (SARP), stress management and psychotherapy with the VA. He is a church member in his community; also he completed two years of nursing program and is a registered nurse; and a kid’s soccer coach. 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. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, misconduct (serious offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" 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, 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 ISSUE(S): The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. The applicant’s record of service, the issues and documents 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. By the misconduct (serious offense), the applicant marred the quality of his service below that meriting an honorable discharge at the time of his separation. The applicant provided no independent corroborating evidence demonstrating either the command's action was erroneous or the applicant’s service mitigated the misconduct or poor duty performance. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, misconduct (serious offense). The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, he did not disobey orders and spent about 26 days of treatment at Laurel Ridge. The record of evidence shows the applicant was counseled for disobeying a lawful order from a superior commissioned officer and refusing to receive medical treatment for substance abuse. The applicant further contends, a discharge upgrade would improve life for him and his family. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant desires to receive VA benefits for school. 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. The applicant’s post-service accomplishments have been noted as outlined on the application and in the documents with the application. 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: 1. The applicant submitted the following additional documents: a. Awards b. NCOER 2. The applicant presented no additional contentions. In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. 9. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore Grade to: NA 10. Secretarial Reviewing Authority (SRA): Upon review, the SRA adopted the Board President’s recommendation to overturn the Board’s decision in that you failed to provide sufficient documentation to support your contentions and the SRA found your testimony not to be creditable to overcome the presumption of government regularity. AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge 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 IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150010484 5