1. Applicant's Name: a. Application Date: 26 April 2016 b. Date Received: 2 May 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant seeks relief contending, in effect, he would like an upgrade of his discharge for the purpose of being able to receive help from the Department of Veterans Affairs. He contends he was discharged due to excessive drinking, violent behavior, getting a DUI and having a problem with steroids, which he was caught with a large amount overseas. He contends he was a good Soldier; however, somewhere along the way he lost his mind. He freaked out most of the time towards the last couple of years of service. He was full of anxiety and uncontrollable rage most of the time. He would drink and fought a lot, and lost his military career in the process and his life has continued out of control ever since. He contends he met a doctor from the Veterans Affairs (VA) that put him on lithium and since than his life has improved but now the VA is denying his treatment because of his discharge. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had mitigating medical and/or behavioral health conditions for some (polysubstance abuse) but not all (assault, dealing or distributing illegal drugs, DUI, larceny) of the offenses which led to his separation from the Army. In a records review conducted at Arlington, VA on 7 July 2017, and by a 3-2 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 circumstances surrounding his discharge and AWOL (i.e. significant EPTS psycho-social trauma with resulting delayed PTSD), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general (under honorable conditions). 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 / Under Other Than Honorable Conditions b. Date of Discharge: 6 October 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 16 June 2011 (2) Basis for Separation: The applicant was informed of the following reasons: being stopped for suspicion of driving under the influence in Davies County KY on 12 March 2011; Being absent from his unit between 7 April 2011 and 18 April 2011; and Failing to report at the time prescribed to his appointed place of duty on three separated occasions between 20 May 2011 and 31 May 2011 (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 1 August 2011 (5) Administrative Separation Board: The applicant waived his right to have his case heard by an administrative separation board (6) Separation Decision Date / Characterization: 28 September 2011 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 February 2009 / 4 years b. Age at Enlistment / Education / GT Score: 27 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 92G10, Food Service Specialist / 5 years, 11 months, 6 days d. Prior Service / Characterizations: RA, 20 October 2005 to 24 February 2009 / HD e. Overseas Service / Combat Service: SWA / Iraq (15 January 2007 to 15 May 2007, 9 March 2008 to 26 July 2008, 15 October 2008 to 15 November 2008, 3 May 2009 to 17 July 2009, and 19 February 2010 to 1 November 2010) f. Awards and Decorations: ARCOM-2, JSAM, AAM, MUC, AGCM, NDSM, ICM-3CS, GWOTSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Memorandum, dated 20 July 2010, reference the findings and recommendation for the investigation into the applicant's attempt to sell a controlled substance, anabolic steroids while serving in Iraq. CG Article 15, dated 16 June 2011, for being absent from his unit between 7 April 2011 and 18 April 2011 and failing to go at the time prescribe to his appointed place of duty on x 3 (20 May 2011, 24 May 2011, and 31 May 2011). Forfeiture of $733.80 pay per month for two months and 45 days extra duty and restriction. General Officer Administrative Reprimand, dated 22 June 2011, for refusing to take a lawfully requested test to measure the alcohol content of his breath when there was reasonable belief that he was driving under the influence of alcohol on 12 March 2011. The applicant received numerous negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: AWOL for 11 days (7 April 2011 to 17 April 2011) / unknown j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 2 August 2011, shows the applicant was diagnosed with Axis I for substance abuse disorder; depression. It was noted that the applicant was enrolled in ASAP services. The applicant was psychiatrically cleared for any administrative action deemed appropriated by his command. 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." "Conditions documented in the record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which PTSD or PTSD related conditions may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD or PTSD-related conditions as a causative factor in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Correction Boards will also exercise caution in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct." 8. DISCUSSION OF FACT(S): The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. 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 seeks relief contending he was a good Soldier; however, somewhere along the way he lost his mind. He freaked out most of the time towards the last couple of years of service. He was full of anxiety and uncontrollable rage most of the time. He would drink and fought a lot, and lost his military career in the process and his life has continued out of control ever since. He contends he met a doctor from the Veterans Affairs (VA) that put him on lithium and since than his life has improved but now the VA is denying his treatment because of his discharge. 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; the applicant is to be commended on his accomplishments. However, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service at the time of discharge. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to receive help from the Department of Veterans Affairs. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 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 July 2017, and by a 3-2 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 circumstances surrounding his discharge and AWOL (i.e. significant EPTS psycho-social trauma with resulting delayed PTSD), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general (under honorable conditions). 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: General, Under Honorable Conditions c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD/RE Code to: No Change f. 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 AR20160008999 5