1. Applicant's Name: a. Application Date: 6 November 2015 b. Date Received: 8 December 2015 c. Counsel: 2. REQUEST, 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, through counsel, seeks relief contending, in effect, he was told since he voluntarily separated, he received no benefits such as separation, severance pay or any transitional health care. He was flagged for involuntary separation, but he was told he voluntarily separated; but he did not volunteer to be separated. He received a general (under honorable conditions) discharge. The injustice is that there is nothing derogatory in his records that dictate he should receive anything less than an honorable discharge. The case that was brought against him was invalid because he received no citations nor tickets that warrant him as having misconduct. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. The electronic medical records (AHLTA) were reviewed with clinical encounters from November 2004 thru November 2015, and three post-separation occupational health visits. Clinical notes reviewed from December 2010 thru October 2015. Radiology results reviewed from October 2003 thru March 2015. Laboratory results reviewed from August 2004 thru March 2016. Behavioral Health (BH) recruiter screening (negative/normal) on 12 July 2006 and 27 July 2007. Several visits with BH in January 2010 and February 2010 for adjustment disorder with anxiety and depressed mood (no medications). TBI screening evaluation (Iraq 2005-6 with loss of consciousness for less than one minute) initiated and closed out with resolution of symptoms. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records note 57 problems (22 VA entered) including PTSD. The Veterans Affairs has service-connected (SC) the applicant at 80 percent overall (PTSD at 30 percent, facial scars at 30 percent, 3rd degree burns at 20 percent, loss of eye at 20 percent, 3rd degree burns (other) at 20 percent, tinnitus at 10 percent and all other SC conditions at 0%). In a records review conducted at Arlington, VA on 15 March 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: Unacceptable Conduct / AR 608-8-24, Paragraphs 4-2b / JNC / NA / General (Under Honorable Conditions) b. Date of Discharge: 9 November 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 16 December 2014 (2) Basis for Separation: The applicant was required to show cause for retention on active duty under the provisions of AR 600-8-24, paragraph 4-2b because of misconduct, moral or professional dereliction or in the interests of national security. He was notified of the following reasons for elimination; substantiated derogatory activity resulting in a General Officer Memorandum of Reprimand (GOMOR) dated 28 October 2014, which was filed in his Army Military Human Resource Record; recklessly driving his motorcycle in excess speeds of 80 miles per hour in a 45 mile per hour zone (16 June 2014 and 13 September 2014); operating his motorcycle while intoxicated (13 September 2014); and conduct unbecoming an officer as indicated by the above-referenced GOMOR. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF, government regularity is presumed in the discharge process. On 17 November 2014, the Legal Assistance Attorney in behalf of the applicant submitted a written rebuttal to the GOMOR and requested that it be filed in his local file rather than his OMPF. (5) Administrative Separation Board/BOI: The applicant was a probationary officer and therefore not entitled to Board of Inquiry (BOI). (6) Separation Decision Date / Characterization: The Department of the Army Ad Hoc Review Board has reviewed the Probationary Officer Elimination Case on the applicant. On 23 October 2015, the Deputy Assistant Secretary (Army Review Boards), determined the applicant will be involuntarily eliminated from the US Army with a General (Under Honorable Conditions) characterization of service. This elimination was based on misconduct and moral or professional dereliction (Army Regulation 600-8-24, paragraph 4-2b). 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 December 2012 / OAD / 6 years b. Age at Enlistment / Education / GT Score: 30 / Associate's Degree / NA c. Highest Grade Achieved / MOS / Total Service: WO1 / 948D0, Electronic-Missile Maintenance / 14 years, 4 months, 28 days d. Prior Service / Characterizations: RA, 12 June 2001 to 12 June 2005 / HD RA, 13 June 2005 to 12 November 2009 / HD RA, 13 November 2009 to 3 October 2012 / HD RA, 4 October 2012 to 18 December 2012 / HD Appointed as a Reserve / WO1 (19 December 2012 e. Overseas Service / Combat Service: Korea, SWA / Iraq (26 January 2005 to 11 January 2006), prior service f. Awards and Decorations: MSM, ARCOM-10, AAM-4, AGCM-3, NDSM, ICM-2CS, GWOTSM, KDSM, NOPDR-3, ASR, OSR-2, MOVSM, MUC g. Performance Ratings: 19 December 2012 thru 4 June 2014, Highly Qualified 5 June 2014 thru 17 December 2014, Not Qualified h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 16 June 2014, reflects the applicant was the subject of an investigation for conduct unbecoming an officer (fraternization), reckless driving, and failing to obey a general order-traffic (post driving revocation violation), on post. An administrative GOMOR, dated 28 October 2014, for endangering the lives of civilians and Soldiers while he recklessly operated his motorcycle (16 June 2014 and 13 September 2014). i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 3 February 2015, reflects the applicant was diagnosed with insomnia and prescribed Lunesta for treatment. 5. APPLICANT-PROVIDED EVIDENCE: Online application; memorandum for commander 7th Infantry Division; AR 15-6 investigating officer memorandum; Enclosure 1, applicant's statement and spouse's statement; Enclosure 2, police traffic collision report; Enclosure 3, request for private medical information; Enclosure 4, sworn statements; Enclosure 5, DUI/DWI, hospital laboratory testing lacks forensic reliability; Enclosure 6, numerous character/support statements; and a letter, Chief, Congressional Liaison and Inquiries with related documents. There were also duplicate documents of those previously listed above. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. A discharge of honorable, general, or under other than honorable conditions characterization of service may be granted. 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 "JNC" as the appropriate code to assign officer Soldiers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4-2b, unacceptable conduct. 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." 8. DISCUSSION OF FACT(S): 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'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 Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant' unacceptable conduct diminished the quality of his service below meriting an honorable discharge at the time of separation. The applicant requested a change to the narrative reason for separation. 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 "JNC" as the appropriate code to assign officer Soldiers, who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4, paragraph 4-2b, unacceptable conduct. The regulation further stipulates no deviation is authorized. The applicant seeks relief contending, he was told since he voluntarily separated, he received no benefits such as separation, severance pay or any transitional health care; and he was flagged for involuntary separation, but he was told he voluntarily separated; but he did not volunteer to be separated. The record of evidence shows the applicant was involuntarily separated for unacceptable conduct. Involuntary separations do nor grant an applicant post discharge benefits such as separation, severance pay or any transitional health care. The applicant further contends, he received a general (under honorable conditions) discharge; and the injustice is that there was nothing derogatory in his records that dictate he should receive anything less than an honorable discharge. 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. 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. The applicant's general (under honorable conditions) discharge description of service accurately reflects the applicant's overall record of service. The applicant also contends, the case that was brought against him was invalid because, he received no citations nor tickets that warranted him as having misconduct. The record of evidence shows that the applicant received an administrative GOMOR for endangering the lives of civilians and Soldiers, while he recklessly operated his motorcycle on 16 June 2014 and 13 September 2014. On 16 June 2014, he was stopped by police when observed operating his motorcycle at a speed in excess of 80 miles per hour in a posted 45 mile per hour zone. On 13 September 2014, he dangerously rode his motorcycle while being intoxicated. His behavior ultimately caused a serious traffic accident, forcing him to undergo reconstructive facial surgery and skin grafts. The third party statements provided with the application speak highly of the applicant. The persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 15 March 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 a New Separation Order: 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: 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 AR20150018648 6