1. Applicant's Name: a. Application Date: 26 February 2016 b. Date Received: 29 February 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, he was diagnosed with PTSD while in the service in Afghanistan and also he suffers from TBI with cognitive impairment. The applicant (GT = 117) had a pre-discharge Mental Status Exam (MSE) on 24 March 2015 and was found fit for duty and had negative screens for PTSD and TBI. It also found him fit for duty, as meeting medical retention standards, and cleared him for a chapter 14. As of 02 June 2017, he is rated as 80% service-connected disabled by the VA, with a 70% rating for PTSD. Notes cited pre-service traumata, for example his witnessing a friend murdering himself by shooting himself in the head. He also had in-service traumata during his deployment to Afghanistan from July 2010 to July 2011. Although some may wish to mitigate his misconduct of drunk driving based on his TBI or PTSD, his prior treatment in ASAP argues against it. Further, the testing closest to his DUI did not show him in the grip of the symptoms of either disorder. The account in the records of his drinking before the offense, as well as his comportment at the time of his arrest in the early morning hours, argues against this drinking being driven by a need to manage PTSD or TBI symptoms. In a records review conducted at Arlington, VA on 7 June 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 23 July 2015 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 24 April 2015 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; On 7 March 2015, a Georgia State Patrolman apprehended him for operating a motor vehicle while under the influence of alcohol. He noticed that the applicant smelled of alcohol, slurred his speech, and had bloodshot, watery eyes. The applicant admitted to drinking alcohol before driving. He was administered a standardized field sobriety tests, which he failed. He refused to complete a lawfully requested test to measure his blood alcohol content. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 5 May 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 July 2015 / General (Under Honorable Conditions) / the separation approving authority considered whether to process the applicant through the physical disability system in lieu of separation under the provisions of AR 635-200. He found that the applicant's medical condition was not a direct or substantial cause of his misconduct as outlined in the separation packet. No other circumstances of the applicant's case warrant disability processing instead of an administrative separation. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 April 2012 / 3 years b. Age at Enlistment / Education / GT Score: 23 years / HS Graduate / 117 c. Highest Grade Achieved / MOS / Total Service: E-5 / 19D20, Cavalry Scout / 5 years, 10 months, 22 days d. Prior Service / Characterizations: RA, 2 September 2009 to 19 April 2012 / HD e. Overseas Service / Combat Service: SWA / Afghanistan, 23 July 2010 to 3 July 2011 f. Awards and Decorations: ARCOM-2, AAM, AGCM, NDSM, ACM-2CS, GWOTSM, NOPDR, ASR, OSR, NATO MDL g. Performance Ratings: 1 June 2012 thru 31 May 2014, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Two negative counseling statements, dated 7 March 2015 and 9 March 2015, for being arrested for DUI. An administrative General Officer Memorandum of Reprimand (GOMOR), dated 9 April 2015, because on 7 March 2015, a Georgia State Patrolman apprehended him for operating a motor vehicle while under the influence of alcohol. An administrative GOMOR, dated 9 June 2015, because on 10 May 2015, a Columbus Police Officer apprehended him for operating a motor vehicle while under the influence of alcohol. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 2 March 2015, relates the applicant was diagnosed with anxiety, PTSD, depression and sleep problems. Report of Mental Status Evaluation, dated 24 March 2015, revealed that the applicant had Axis I, II and III medical diagnoses documented in AHLTA in accordance with AR 40-66. Physical Profile (permanent), dated 17 April 2015, for PTSD (S-3) and TBI (P-3). The applicant had reached Medical Retention Decision Point (MRDP) and no further treatment would significantly improve his condition. Letter, VA entitlements, dated 16 November 2015, indicates that the applicant was granted a 70 percent service connected disabled rating for PTSD with alcohol abuse to include TBI with headache symptoms and mild neuro-cognitive disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); letter, VA entitlements (eight pages); and a DD Form 214. The applicant also indicated that the SECDEF Memorandum, dated 4 September 2014 was attached with his application. However, the SECDEF's memorandum was not attached as stated in his application. 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. 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 the characterization of service from general (under honorable conditions) 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 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 he should have been retained on Active Duty. The applicant seeks relief contending, he was diagnosed with PTSD while in the service in Afghanistan and also he suffers from TBI with cognitive impairment. The applicant submitted a letter, VA entitlements, with his application, dated 16 November 2015, which shows that the applicant was granted a 70 percent service connected disabled rating for PTSD with alcohol abuse to include TBI with headache symptoms and mild neuro-cognitive disorder. 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 7 June 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/Issue new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160005200 4