1. Applicant's Name: a. Application Date: 7 March 2016 b. Date Received: 11 March 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 submitted no issues of equity or propriety to be considered by the board. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has a mitigating Behavioral Health Condition (PTSD) for some of the offenses leading to his discharge from the Army. As PTSD is associated with the use of alcohol to self-medicate symptoms, there is a nexus between his PTSD and the offense of Driving Under the Influence of Alcohol. PTSD, however, does not mitigate the offenses of violating a direct order or refusing to provide a breath sample for a Breathalyzer test for alcohol. AHLTA notes indicate applicant was diagnosed with Alcohol Dependence and Adjustment Disorder with depressed mood while on Active Duty. He saw ADAPT for two visits in October 2012 for an underage drinking incident. No alcohol related diagnosis was made. His next contact with ADAPT was in September 2014 after he had been arrested for DUI. ADAPT diagnosed him with Alcohol Dependence. In October 2014, he was seen by Behavioral Health with complaints of depression and poor sleep. He was diagnosed with Adjustment Disorder with depressed mood. In a records review conducted at Arlington, VA on 3 May 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions). b. Date of Discharge: 26 May 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 April 2015 (2) Basis for Separation: The applicant was informed of the following reasons: arrested for driving under the influence of alcohol and refusing to provide a breath sample (23 August 2014); received a General Officer Memorandum of Reprimand for the above offense (6 November 2014); and, found guilty during Article 15 proceedings of violating Articles 90 and 134 of the UCMJ by consuming alcohol in violation of a direct order from CPT D.J.D., and for conduct that was of nature to bring discredit upon the Armed Forces (19 December 2014). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 23 April 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 30 April 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 January 2012 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25C1P, Radio Operator / Maintenance / 3 years, 4 months, 18 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (12 April 2013 to 23 October 2013) f. Awards and Decorations: ARCOM, ACM-CS, NDSM, GWOTSM, ASR, NATOMDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 26 November 2012, for violation of Articles 90 and 134. The punishment consisted of reduction to E-1, forfeiture of $765 pay per month for two months (suspended), 45 days extra duty and restriction, and an oral reprimand. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 9 January 2015, reflects the applicant was diagnosed with (Axis I) adjustment disorder with depressed mood, 303.90 alcohol dependence. It was noted that the applicant could understand and participate in administrative proceedings and could appreciated the difference between right and wrong. 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. 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. 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. 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 submitted no issues of equity or propriety to be considered by the board. 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 3 May 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 AR20160005762 1