1. Applicant's Name: a. Application Date: 8 February 2017 b. Date Received: 10 February 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 and a narrative reason change. The applicant seeks relief contending, in pertinent part and in effect, his discharge was inequitable because it was based on an isolated incident in his 38 months of service with no other adverse action. An upgrade would allow him educational benefits to obtain a degree. He is a model veteran/citizen, who has not been in any trouble. He has been employed as a supervisor for a railroad company. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant did not have a mitigating medical or behavioral health condition for the offenses which led to his separation from the Army. SMs electronic military medical records indicated diagnoses of an Adjustment Disorder and Alcohol Abuse. Mental Status Eval dated 19 September 2013 indicated he psychiatrically cleared for administrative action. The medical provider noted that SM participated in ASAP from 2011-212 with a diagnosis of Alcohol Abuse. No closure note was documented in AHLTA, but SM reported he and the Commander met for RTM and his case was closed. SM denied current problematic use of alcohol. After carefully examining the applicant's record of service during the period of enlistment under review, the Board determined the characterization was improper upon noting the government introduced documents into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for alcohol abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable characterization of service. Accordingly, in a Personal Appearance hearing conducted at Arlington, Virginia, on 23 April 2018, and by a 5-0 vote, the Board voted to change the characterization of service to honorable. However, the Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Unsatisfactory Performance / AR 635- 200, Chapter 13 / JHJ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 5 February 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 28 October 2013 (2) Basis for Separation: The applicant was informed of the following reasons: On 5 July 2013, he was convicted of domestic abuse, a conviction that falls under the Lautenberg Amendment. He is no longer able to handle firearms and ammunition; thereby, places him in a "'non- deployable status.'" As such, he is unable to perform his duties as a Soldier in the US Army. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 26 November 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 January 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 January 2011 / 4 years b. Age at Enlistment / Education / GT Score: 22 / 14 years / 112 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92A10, Automated Logistical Specialist / 3 years, 12 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: AAM-2; AGCM; NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: DA Form 4187 (Personnel Action, dated 8 July 2013, indicates the applicant's duty status changed from PDY to Civilian Confinement (CCA), effective 5 July 2013. DA Form 4187 (Personnel Action, dated 11 July 2013, indicates the applicant's duty status changed from CCA to PDY, effective 11 July 2013. Civilian Police Department Report, dated 22 July 2013, shows the applicant was the subject of an investigation for simple assault-domestic abuse. Its associated Civilian Violations Complaint, dated 5 July 2013, indicates the applicant was arrested and charged with domestic abuse. Civilian Court Record shows he was released on 11 July 2013. i. Lost Time / Mode of Return: 6 days (Civilian Confinement on 5 July 2013 to 10 July 2013) / The applicant was released from confinement on 11 July 2013. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 12 August 2013, shows the applicant and examiner noted behavioral health issues and treatment, and that he was "self referral" into ASAP. (Page 53 of separation file). Report of Mental Status Evaluation, dated 6 September 2013, indicates the applicant's "AXIS I:" diagnosis as an "Adjustment Disorder, Acute (per AHLTA) Resolved," and that he was psychiatrically cleared for chapter separation. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 8 February 2017, and VA letter, dated 26 January 2017. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, that since his discharge he has been a model veteran/citizen, who has not been in any trouble, and he has been employed as a supervisor for a railroad company. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier. Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases.. 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 "JHJ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 13, "Unsatisfactory Performance." The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JHJ" 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 general (under honorable conditions) discharge to honorable. The applicant's available record of service, and the issues and document submitted with his application were carefully reviewed. The applicant's service 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. By the unsatisfactory performance, the applicant diminished the quality of his service below that meriting an honorable characterization of service. 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. However, upon further review, the record also confirms that the characterization of the applicant's discharge was improper, because the government introduced documents into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for alcohol abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable characterization of service. The applicant contends the incident that caused his discharge was the only one in his entire Army career. 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. 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. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. 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. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, and his post-service accomplishments, the Board can find that his complete period of service and his accomplishments were or were not sufficiently mitigating to warrant the relief requested. Although the applicant did not present any behavioral issues, a careful review of the available record indicates the applicant's behavioral health issues symptoms existed. 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 discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None. b. The applicant presented the following additional contention(s): Change narrative reason for discharge. c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: After carefully examining the applicant's record of service during the period of enlistment under review, the Board determined the characterization was improper upon noting the government introduced documents into the discharge process revealing the applicant had self-referred to the Army Substance Abuse Program (ASAP) for alcohol abuse. This is limited use information as defined in AR 600-85. Use of this information mandates award of an honorable characterization of service. Accordingly, in a Personal Appearance hearing conducted at Arlington, Virginia, on 23 April 2018, and by a 5-0 vote, the Board voted to change the characterization of service to honorable. However, the Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / 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 AR20170003378 5