1. Applicant's Name: a. Application Date: 24 June 2016 b. Date Received: 27 June 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 going through a tough time in 2014 with the death of his grandfather and almost losing his sister. He has experienced several setbacks because of the discharge he received; it is very difficult to get a job and even an apartment. An honorable discharge would give him educational benefits to attend school to pursue a degree in business. His characterization of service was characterized as general (under honorable conditions) because of one incident. He learned from his mistakes, became a better person since this incident and will continue to educate civilians and Soldiers on the effects of drinking and driving. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had no significant behavioral health diagnoses, though he did have ASAP involvement. JLV, as of 23 August 2017, showed no VA service-connected disability ratings. He does have a VA diagnosis of "Reaction to Severe Stress," and a note described the applicant saying his drinking increased after returning from his deployment. He had a pre- discharge Mental Status Exam on 09 January 2015 that cleared him for discharge, judged him fit for duty, and as meeting medical retention standards. The examiner noted that he screened negative for TBI, but positive for PTSD (score PCL-M =38), but judged PTSD was either not present or, if present, not relevant to the behavior leading to the chapter; however, she did tell the patient he had PTSD. The claim that the applicant had PTSD based on this note is insufficient. No subsequent provider diagnosed, nor did the social worker who wrote the above into her note. The examiner also wrote the applicant would enter ASAP treatment, which he did. In fact, contact with ASAP began in December 2014, as a result of an arrest on 13 December 2014 for DUI. His mental status at the time of his drunk driving does not mitigate his offense. In a records review conducted at Arlington, VA on 08 September 2017, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, the circumstances surrounding the discharge (i.e. severe family matters) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (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: 25 December 2015 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 22 April 2015 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; being arrested for driving under the influence with a BAC of .094 (13 December 2014). (3) Recommended Characterization: General (Under Honorable Conditions) at the time of initiation of separation / the unit commander recommended separation, but that the separation be suspended for a period of 12 months (not to exceed 12 months). The battalion commander recommended an honorable discharge. (4) Legal Consultation Date: 29 April 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 10 September 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 September 2014 / 2 years b. Age at Enlistment / Education / GT Score: 23 years / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92Y10, Unit Supply Specialist / 3 years, 10 months, 13 days d. Prior Service / Characterizations: RA, 13 February 2012 to 11 September 2014 / HD e. Overseas Service / Combat Service: Alaska / SWA / Afghanistan (18 June 2014 to 16 November 2014) f. Awards and Decorations: ARCOM, AAM-3, NDSM, ACM-CS, GWOTSM, ASR, MOVSM, NATO MDL, g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 30 December 2014, revealed that the applicant was under investigation for driving under the influence of alcohol. Report of Mental Status Evaluation, dated 9 January 2015, reflects that the applicant was enrolled in the ASAP program and intends to keep all future appointments as scheduled. He was cleared for future military proceedings. An administrative General Officer Memorandum of Reprimand, dated 29 January 2015, for driving under the influence of alcohol. He provided a breath sample which resulted in a breath alcohol content 0f 094 percent. The applicant received several negative counseling statements for various acts of misconduct and being flagged. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 9 January 2015, shows that the applicant was referred to behavioral health for nightmares. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); applicant's statements (two); six support / character statements; and a letter, Director, Case Management Division. 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 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 going through a tough time in 2014 with the death of his grandfather and almost losing his sister. The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. The applicant further contends, he has experienced several setbacks because of the discharge he received; it is very difficult to get a job and even an apartment. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant also contends, an honorable discharge would give him educational benefits to attend school to pursue a degree in business. 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 applicant additionally contends, his characterization of service was characterized as general (under honorable conditions) because of one incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization of service. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. Lastly, he contends, he learned from his mistakes, became a better person since this incident and will continue to educate civilians and Soldiers on the effects of drinking and driving. The applicant is to be commended for his efforts. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. 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 08 September 2017, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, the circumstances surrounding the discharge (i.e. severe family matters) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / No change to RE code f. Restore 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 AR20160012086 5