1. Applicant's Name: a. Application Date: 12 April 2017 b. Date Received: 13 April 2017 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, he did really well during his first few years in service and it was not until his last couple of years that he started drinking to cope with depression and PTSD brought on by his experiences in the Army. His heavy drinking caused him to make some bad decisions that led to his discharge. Since his discharge, he has been in an inpatient rehabilitation services through the VA and he has learned how to deal with his issues and maintain his sobriety. He plans on attending college and moving on with his life. 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. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records notes 62 problems (44 VA-entered) including major depression, dysthymia, psychophysiologic insomnia, cocaine & alcohol dependence, stimulant abuse, hepatitis C, and others. The Veterans Affairs has service-connected the applicant at 100% overall. In a records review conducted at Arlington, VA on 7 July 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: Pattern of Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 6 December 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 September 2010 (2) Basis for Separation: The applicant was informed of the following reasons: He assaulted a fellow Soldier and damaged military property (14 December 2009); He violated a No Contact Order to not have contact with SPC D; On several occasions, he disobeyed lawful orders from his first sergeant; He made a false official statement to an investigator pertaining to the alleged offense; and, Committed adultery, indecent exposure and participated in indecent conduct with SPC D. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 14 September 2010, the applicant waived his rights to consult with legal counsel. (5) Administrative Separation Board: On 14 September 2010, the applicant conditionally waived consideration of his case before an administrative separation board, contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions) discharge. (6) Separation Decision Date / Characterization: 28 October 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 May 2006 / 3 years / Note: On 20 September 2007, the applicant extended his enlistment by 23 months, giving him a new ETS of 29 April 2011. b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 121 c. Highest Grade Achieved / MOS / Total Service: E-4 / 12W10, Carpentry and Masonry Specialist / 7 years, 6 months, 7 days d. Prior Service / Characterizations: USAR, 29 May 2003 - 30 May 2006 / HD e. Overseas Service / Combat Service: Cuba, SWA / Kuwait / 17 December 2004 - 13 December 2005) f. Awards and Decorations: JSM, AAM, AGCM, NDSM, GWOTEM, GWOTSM, ASR, OSR-2, AFRM-M g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: No Contact Order (memo), dated 24 June 2010, reflects the applicant was ordered not to visit, email, or call by phone SPC D. Commander's Report, dated 7 September 2010, reflects the applicant received: CG Article 15, on 23 February 2010, for assault and damage to government property. The punishment consisted of extra duty for 14 days. FG Article 15, on 16 August 2010, for conspiracy to obstruct justice, disobeying a lawful written order on two occasions, giving a false official statement, damaging military property of a value less than $500, indecent conduct, indecent exposure, larceny, adultery, and obstruction of justice. The punishment consisted of a reduction to E-1; forfeiture of $1,146 pay (suspended for 30 days); and, extra duty and restriction for 45 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of his VA disability rating decision, dated 11 December 2015, which reflects the applicant was rated 100 percent disability for persistent depressive disorder with alcohol use disorder (previously rated as depressive disorder with alcohol and cocaine dependence (claimed now as PTSD)). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: Maintains his sobriety and is planning on attending college. 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 that 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 contends the VA has granted him a service connected disability for PTSD. However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The applicant's service record is void of a mental status evaluation. It appears the applicant's chain of command determined that although he was suffering from PTSD, he knew the difference between what was right and wrong. The applicant contends that he had good service which included a combat deployment. 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 for his accomplishments. The applicant desires to attend college. 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 Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character 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 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 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 AR20160009486 1