1. Applicant's Name: a. Application Date: 5 November 2015 b. Date Received: 10 November 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, his characterization of service was inequitable. After returning from deployment, he began abusing alcohol as a coping mechanism. Applicant's counsel stated in his brief that the applicant was not diagnosed with PTSD, but his service record indicated that he struggled to re-integrate into military life following his deployment. His personal problems, including alcohol abuse, hindered his capability to serve. 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 August 2007 thru March 2011. Clinical notes reviewed from February 2010 thru January 2011. Laboratory results from August 2007 thru February 2011 were reviewed (medical urine drug screens were negative on 17 March 2010 and 20 November 2010). There were no radiology reports. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Administration records notes 11 problems (all DOD entered) and has been seen for low back and hip pain. No active BH issues or prescriptions. The Veterans Administration has not service-connected the applicant. In a records review conducted at Arlington, VA on 1 March 2017, and by a 5-0 vote, the Board determined that 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. a chef at two upscale restaurants), and is now inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was 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: 7 April 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 February 2011 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; two alcohol related incidents within 12 months, wrongfully operated a motor vehicle while under the influence of alcohol x2 (27 February 2010 and 26 November 2010). (3) Recommended Characterization: The unit commander recommended separation (suspended for 12 months). If separated, he recommended an honorable characterization of service. The intermediate commander recommended a general (under honorable conditions) discharge. (4) Legal Consultation Date: Waived, 15 February 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: Undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 August 2007 / 4 years, 22 weeks b. Age at Enlistment / Education / GT Score: 23 / Associate's Degree / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92G10, Food Service Operations / 3 years, 7 months, 11 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (1 January 2009 to 5 January 2010) f. Awards and Decorations: JSCM, ARCOM, AAM, AGCM, NDSM, ACM-CS, NCOPDR, OSR, NATOMDL, CAB, VUA, MUC g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 22 March 2010, reflects the applicant was been screened for Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (mTBI). These conditions were either not present or, if present, did not meet AR 40-501 criteria for a medical evaluation board. Command was advised to consider the influence of these conditions, if present, when determining final disposition. He was psychiatrically cleared for any administrative action deemed appropriate by command. The applicant received several negative counseling statements for disobeying a direct order, being charged with DUI, and a second DUI offense. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical Examination, dated 15 December 2010, reflects the applicant was diagnosed with insomnia. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; counsel's letter in response to request for PTSD documentation; Director, Case Management Division Letter; Attorney's Brief; DD Form 214; five character/support statements; recommendation for JSCM/with narrative; medical documents; and Chapter 14 separation proceedings. 6. POST SERVICE ACCOMPLISHMENTS: The applicant works two jobs, one as a Sous Chef at Morton's Steakhouse in Coral Cables, Florida and the other as an Executive Chef at Entrcote d Paris in Brickell in Miami, Florida. 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. 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, 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), 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 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 of his service below that meriting an honorable discharge at the time of separation. 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 she should have been retained on Active Duty. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, Misconduct (Serious Offense). The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, his characterization of service was inequitable. 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. The applicant further contends, after returning from deployment, he began abusing alcohol as a coping mechanism. He had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant also contends, he received numerous awards and decorations during his service period. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. Applicant's counsel stated that the applicant was not diagnosed with PTSD and was not raising PTSD as a contention; however, his service record indicated that he struggled to re-integrate into military life following his deployment and that his personal problems, including alcohol abuse, hindered his capability to serve. The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, 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. AR 600-85, paragraph 7-10 entitled self-referrals, states the applicant could have self-referred to the Army Substance Abuse Program (ASAP) counseling center for assistance. The third party statements provided with the application speak highly of the applicant' performance. However, the persons providing the character reference statements were in and some 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 1 March 2017, and by a 5-0 vote, the Board determined that 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. a chef at two upscale restaurants), and is now inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. 10. 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 (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 AR20160000394 1