1. Applicant's Name: a. Application Date: 15 December 2016 b. Date Received: 20 December 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 successfully completed counseling for two separate DUIs. He is having trouble obtaining gainful employment due to the discharge he received. Per the Board's Medical Officer, based on the information available for review at the time, case files, AHLTA and JLV reviewed. AHLTA notes indicate applicant was diagnosed with Adjustment Disorder with Anxiety, Adjustment DO with Anxiety and Depression and Adjustment Disorder with Mixed Emotional Features while in Army. He was also diagnosed with Depression, Alcohol Dependence and Borderline personality traits. Applicant first saw Behavioral Health while deployed. At that time, he presented with symptoms of emotional detachment and numbing after being involved in an IED explosion. He also reported problems with concentration and anxiety. He was diagnosed with Adjustment DO with Anxiety and placed on an antidepressant and sleep medication. After receiving his first DUI, he was enrolled in ASAP. AHLTA notes indicate he received a second DUI in Dec 2012 while he was enrolled in ASAP. VA records indicate applicant is 70% SC for PTSD. VA has also diagnosed him with ADHD and Borderline Personality Disorder. VA notes indicate he has intermittent suicidal thoughts and has been involuntarily hospitalized because of these thoughts. Based on the available information, the applicant has a Behavioral Health condition which may mitigate some of his misconduct. However, because the applicant's Basis for Separation in not in file, no definitive statement regarding mitigation of his offenses can be made. In a records review conducted at Arlington, VA on 4 April 2018, 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 / General (Under Honorable Conditions) b. Date of Discharge: 4 April 2013 c. Separation Facts: No (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 12 March 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 September 2008 / 6 years b. Age at Enlistment / Education / GT Score: 25 years / HS Graduate / 88 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B10, Infantryman / 10 years, 7 months, 1 day d. Prior Service / Characterizations: RA, 4 September 2002 to 8 March 2005 / HD RA, 9 March 2005 to 23 September 2008 / HD e. Overseas Service / Combat Service: Korea / Hawaii / SWA / Iraq x2, 8 December 2007 to 2 February 2009 and 14 September 2010 to 24 August 2011 f. Awards and Decorations: ARCOM, AAM-3, AGCM-3, NDSM, ICM-3CS, GWOTSM, KDSM, NOPDR-2, OSR-4, CIB g. Performance Ratings: 1 July 2009 to 12 April 2012, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: A Military Police Report, dated 16 October 2012, relates that the applicant was under investigation for operating a motor vehicle while under the influence of an intoxicant, on post. An administrative General Officer Memorandum of Reprimand (GOMOR), dated 1 November 2012, for operating a motor vehicle while under the influence of alcohol. FG Article 15 dated, 6 February 2013, for having received a lawful command from CPT B.B., his superior commissioned officer, to not operate his motorcycle due to the fact his driver's license was revoked by the state of Hawaii, or words to that effect, did willfully disobey the-same (14 December 2012); with intent to deceive, make to SFC A.A.J., an official statement, 'I was inside my quarters, asleep", or words to that effect, which statement was totally false in that you were out riding your motorcycle, and was then known by you to be so false (14 December 2012); and with intent to deceive, make to CPT B.B., an official statement, "no, I had not been riding my bike" or with intent to deceive, make to SFC A. A.J., an official statement, or words to that effect, which statement was totally false, in that he had been riding his motorcycle, and was then known by him to be false; or words to that effect, which statement was totally false (14 December 2012); reduction to SPC / E-4, forfeiture of $1,201 pay for two months (suspended), extra duty and restriction for 45 days and an oral reprimand. The applicant received a negative counseling statement for misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and a certificate of completion. 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. 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 available record of service, the issues and document submitted with his application were carefully reviewed. The applicant's record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's digital signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c, by reason of misconduct (serious offense), with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct (serious offense) with a reentry eligibility (RE) code of 3. The applicant seeks relief contending, he successfully completed counseling for two separate DUIs. The applicant is to be commended for his accomplishment. However, his 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 applicant further contends, he is having trouble obtaining gainful employment due to the discharge he received. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 4 April 2018, 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. Change SPD Code to: No Change f. Change RE Code 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 AR20170000637 1