1. Applicant's Name: a. Application Date: 30 July 2016 b. Date Received: 22 August 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, the events that caused his discharge were strictly medical related. He was not completely aware of his "type 2 alcoholic" medical condition during the incidents that led to his discharge. He was three days from his actual separation date. He served his enlistment honorably but with a medical issue that affected his behavior days before he was to be discharged honorably. In the interest of justice, his discharge should be upgraded to an honorable discharge. Per the Board's Medical Officer, based on the information available for review at the time, the applicant's AHLTA diagnoses are Adjustment Disorder with and Depressed Mood, Alcohol Abuse, Alcohol Abuse Episodic Alcohol Abuse in Remission, Alcohol Disorders, and Depression. The JLV showed no VA service-connected Disability percentage. He has no mitigating psychiatric condition. In a records review conducted at Arlington, VA on 18 October 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 / Under Other Than Honorable Conditions b. Date of Discharge: 29 March 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 January 2013 (2) Basis for Separation: The applicant was informed of the following reasons: On 19 October 2012, the applicant was involved in a motor vehicle accident while driving under the influence of alcohol. On 14 May 2011, he drove under the influence of alcohol, and was convicted of the offence in a federal magistrate court on 11 August 2011. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: No response or election of rights (On 22 January 2013, separation packet was sent by certified mail with return receipt; however, on 5 February 2013, the return receipt showed that the mail has been received but it was returned without the applicant's signature, per sworn statement, dated 4 March 2013) (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 March 2010 / 3 years (ERB shows an ETS date of 30 March 2013) b. Age at Enlistment / Education / GT Score: 24 / GED / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 4 years, 7 months, 7 days d. Prior Service / Characterizations: ARNG (29 May 2008 to 21 October 2008) / NA IADT (22 October 2008 to 27 February 2009) / HD ARNG (28 February 2009 to 30 March 2010) / HD e. Overseas Service / Combat Service: None / None f. Awards and Decorations: AGCM; NDSM; GWOTSM; NCOPDR; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: United States District Court Judgment in a Criminal Case (for a petty offense), dated 11 August 2011, indicates the applicant pleaded guilty to a "DUI .08" percent or greater offense of 14 May 2011, and a total of $425 monetary penalties and a formal probation of three years with several terms and conditions were adjudged. MP Report, dated 14 May 2011, indicates the applicant was the subject of an investigation for driving under the influence - DUI (on post). Negative counseling statements for driving under the influence, and initiation of a FG Article 15 and separation for misconduct. General Officer Memorandum of Reprimand, dated 17 November 2011, indicates the applicant was reprimanded for driving while under the influence of alcohol. Civilian Police Report indicates that on 19 October 2012, the applicant was involved in a traffic collision and was cited for "DUI .08" percent "causing bodily" with a "felony" classification. Memorandum for Record, dated 23 October 2012, subject: Disposition of Charge Against [the applicant] for Violation of [a State] Vehicle Code Section 23152(b): Driving Under the Influence of Alcohol, indicates the applicant paid his $425 monetary penalties on 28 October 2011, and that his three-year probation was terminated on 21 August 2012. Sworn Statement, dated 4 March 2013, states that the separation packet by certified mail with return receipt was sent to the applicant on 22 January 2013; however, on 5 February 2013, a return receipt indicated that although the packet was received, it was returned unsigned by the applicant. An email with the aforementioned information/explanation was sent to the applicant's trial defense counsel on 5 February 2013. General Officer Memorandum of Reprimand, dated 10 January 2013, indicates the applicant was reprimanded for driving while intoxicated. i. Lost Time / Mode of Return: 83 days (Civilian Confinement: 6 January 2013 to 29 March 2013) / continued civil confinement j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 25 October 2012, reflects an "AXIS I" diagnosis of an "Adjustment Disorder with Depression." The evaluation also indicates that although the applicant "is currently experiencing symptoms of depression, [the] symptoms do not excuse or explain any misconduct," and he was psychologically cleared to participate in administrative proceedings. Report of Medical History, dated 30 October 2012, indicates the applicant and examiner noted the applicant receiving ASAP and behavioral health counseling. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 30 July 2016. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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 14-12c, 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. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service 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 a mental health condition, including PTSD; TBI; or sexual assault/harassment 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 characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors 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. Caution shall be exercised 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 his under other than honorable conditions discharge to honorable. The applicant's available record of service and the issues submitted with his application were carefully reviewed. The record further 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, as a Soldier, had the duty to support and abide by the Army's alcohol abuse policies. By abusing alcohol, the applicant knowingly risked a military career and marred the quality of his service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that his service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant's contentions regarding his behavioral health issues which involved being a "type 2, alcoholic," were carefully considered. A careful review of the available record indicates the applicant's behavioral health issues symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. 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 18 October 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 AR20160014636 6