1. Applicant's Name: a. Application Date: 8 June 2016 b. Date Received: 13 June 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 and a narrative reason change. The applicant seeks relief contending, in effect, he does not believe his performance and the facts and circumstances surrounding the incident, which led to his discharge, warranted separation and did not meet the criteria of a general discharge. The applicant states he was dedicated to the Army and opted to stay in the Army after surgery and rehabilitation did not adequately treat his previously dislocated shoulder. After an Army related incident in May 2015, during the course of his duties, he began feeling depressed and had anxiety, which also caused him to self-medicate with alcohol. On 5 September 2015, he was arrested for DUI, but in the documents that he provides with his application, the Board will clearly see there were many errors, inconsistencies in the officer's report misconduct in the documentation and flawed facts surrounding the incident. All charges were dismissed with prejudice by the Special Assistant United States Attorney with no plea entered. He entered into the ASAP on 22 September 2015, and successfully completed the program 7 January 2016. His counselor, documented that the applicant's progress was excellent, he had 100 percent eliminated the use of alcohol, and all cravings and desire while in treatment. The applicant provides character statements from his leadership, which reflect his mindset of a Soldier. After the incident, he did not diminish his work or attitude. He stopped drinking, completed ASAP and completed all tasks asked of him until his separation. He had many accomplishments during his service, including being named Soldier of the week on nine separate occasions. The applicant states, while on leave in December 2015 and after he had stopped drinking, he sought assistance from a behavioral health counselor who completed an evaluation and diagnosis. Even with his condition, he did not let it interfere with his performance as a Soldier. He believes his discharge is improper and should be upgraded because he completed ASAP and did not relapse. He was not charged or convicted of any crime regarding this arrest at any level. There was no pattern of misconduct or any secondary misconduct before or after the incident. In accordance with AR 600-85, there was no pattern of misconduct; he was not involved in two serious alcohol related incidents in a 12 month period or convicted of DUI a second time during his career. His separation took nine months, which is not an indication of a Soldier not performing; and, if there had been any additional patterns of misconduct, they would have been documented over that period of time. Based on this, he believes his separation was inequitable, because it was one isolated incident in the 28 months service. Per the Board's Medical Officer, the applicant initiated MH care after the DUI incident in December of 2015. History of anxiety pre-military and underage, self-medication with alcohol. Dx: bipolar and alcohol abuse. Applicant was initiated on a mood stabilizer in December of 2015, however, the existence of any MH condition eligible for DES process is questionable. The applicant is 60% SC from DVA but the SC conditions are unknown. The case file does not have sufficient evidence to mitigate applicant's alcohol related incident. In a records review conducted at Arlington, VA on 30 August 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 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 4 May 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 November 2015 (2) Basis for Separation: The applicant was informed of the following reasons: On 5 September 2015, he physically controlled a passenger vehicle while drunk. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 1 March 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 14 April 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 August 2013 / 5 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 31B10, Military Police / 2 years, 8 months, 23 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Express Consent Affidavit and Notice of Revocation, dated 5 September 2015, reflects the applicant's license was surrendered to law enforcement, based on the applicant operated a motor vehicle with a blood alcohol content of .08 or more. The notice also reflected that the applicant was under the age of 21. Two United States District Court Violation Notices, both dated 5 September 2015, reflects the applicant was charged with: Illegal Consumption of Ethyl Alcohol by an underage person; and, drove a vehicle while his ability was impaired by alcohol. Law Enforcement Report-Final, dates 11 September 2015, and Military Police Report, dated 18 December 2016, reflects the applicant was apprehended by the Fort Carson Police, for driving a motor vehicle while impaired by alcohol and for illegal consumption of ethyl alcohol by underage persons. Letter from the Office of the Staff Judge Advocate, dated 6 June 2016, reflects the disposition for the violations, which occurred on Fort Carson Colorado, on or about 05 September 2015, were dismissed as of 23 March 2016. The applicant had fulfilled all the necessary requirements. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 20 October 2010, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with Alcohol Dependence per ASAP (Axis I). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 12c, misconduct (serious offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 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 and a narrative reason change. 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 narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)," and the separation code is "JKQ"." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends the discharge was unjust because all the charges related to the incident which led to his discharge were dismissed. 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 discriminated. The reason for the applicant's separation was for physically controlling a passenger vehicle while drunk. Further, 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 contends that he had good service. 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 contends the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. 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 30 August 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 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 AR20160011623 3