1. Applicant's Name: a. Application Date: 10 February 2016 b. Date Received: 16 February 2016 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 effect, that he was unfairly discharged. He contends he was discharged for his first offense in the Army. He was an exceptional Soldier who messed up once. He personally knew other Soldiers who were in the same unit who got in trouble for the same thing and are now promoted and not discharged. He owned up to his error and was still unfairly punished. He received a DUI, which is inexcusable, but as previously stated, there were a few Soldiers who got DUI's around that time who did not get discharged like he did. Per the Board's Medical Officer, based on the information available for review at the time, the applicant's PTSD does not, based on his description of the incident and history, warrant mitigation of his misconduct. In a records review conducted at Arlington, VA on 26 February 2018, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, in-service and post-service diagnosis of OBH and PTSD and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (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: 10 April 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 March 2014 (2) Basis for Separation: The applicant was informed of the following reasons: wrongfully driving drunk with a blood alcohol content of .163, on or about 17 October 2013; and Failing to go at the time prescribed to Physical Training Formation on or about 4 December 2013 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 11 March 2014, the applicant waived his right to consult with counsel (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 21 March 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 March 2011 / 4 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-4 / 12B10, Combat Engineer / 3 years, 1 month, 3 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (15 September 2012 to 11 June 2013) f. Awards and Decorations: ARCOM, MUC, AGCM, NDSM, ACM-CS, GWOTSM, ASR, OSR, NATOMDL g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 17 October 2013, shows the applicant was the subject of an investigation for drunken driving and transporting an open container of alcohol General Officer Memorandum of Reprimand, dated 11 December 2013 shows the applicant was reprimanded for driving under the influence of alcohol on 17 October 2013, with a blood alcohol content of .163. FG, Article 15, dated 20 November 2013, for physically controlling a vehicle; to wit: a truck, while drunk on 17 October 2013. The punishment consisted of reduction the E-2, forfeiture of $849 per month for two months (suspended), 30 days extra duty and restriction, and an oral reprimand. The record also contains an unsigned Record of Supplementary Action Under Article 15, UCMJ. The applicant received a negative counseling statement reference separation IAW AR 635-200, Chapter 14-12c. Report of Mental Status Evaluation, dated 16 January 2014, shows the applicant could understand and participate in administrative proceedings and appreciate the difference between right and wrong. The applicant was screened for PTSD and mTBI, he had a positive score for PTSD; however, it was later determined he did meet full criteria for PTSD. He was referred to TBI clinic and cleared for an administrative chapter separation. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: None submitted 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. 8. DISCUSSION OF FACT(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. Furthermore, by violating the Army's policy on the use of alcohol, the applicant compromised the trust and confidence placed in a Soldier. The applicant, as a Soldier, had the duty to support and abide by the Army's alcohol policies. By abusing alcohol, the applicant knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge. 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, that he was unfairly discharged. He contends he was discharged for his first offense in the Army. He was an exceptional Soldier who messed up once. He personally knows other Soldiers who were in the same unit who got in trouble for the same thing and are now promoted and not discharged. He owned up to his error and was still unfairly punished. He received a DUI which is inexcusable, but as previously stated, there were a few Soldiers who got DUI's around that time who did not get discharged like he did. The applicant's contentions were noted; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. In fact, the applicant's DUI justifies reason for discharge. 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. Additionally, it should be noted that each case is decided on its own merits based on all factors contained in the official record or as submitted by the applicant. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. 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 26 February 2018, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, in-service and post-service diagnosis of OBH and PTSD and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / No change to RE code f. Restore 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 AR20160004301 1