1. Applicant's Name: a. Application Date: 6 April 2017 b. Date Received: 8 May 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, an upgrade would allow her to obtain educational benefits for her school. She is about to obtain her Associate's Degree, and has been accepted at a university to obtain her Bachelor's in political science and continue on to law school. While in the military, she had multiple issues with alcohol, but through treatment she was able to work through the deeply rooted issues leading to her drinking. She has since devoted herself to her family to create a stable environment. In a records review conducted at Arlington, VA on 14 September 2018, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service and post-service accomplishments. Therefore, 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, paragraph 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: 9 August 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 June 2013 (2) Basis for Separation: The applicant was informed of the following reasons: On 22 July 2012, she drove a vehicle while drunk, and wrongfully consumed or possessed alcohol while under the age of 21. On 9 February 2013 she wrongfully consumed or possessed alcohol while under the age of 21. On 10 February 2013, she failed to go to her appointed place of duty at the prescribed time. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 11 June 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 July 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 August 2011 / 4 years b. Age at Enlistment / Education / GT Score: 18 / GED / 102 c. Highest Grade Achieved / MOS / Total Service: E-3 / 68X10, Mental Health Specialist / 2 years, 2 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for underage drinking; being charged with DUI; and failing to be at her appointed place of duty at the prescribed time. MP Report, dated 22 July 2012, indicates the applicant was the subject of an investigation for driving while under the influence of alcohol and drinking while underage. General Officer Memorandum of Reprimand, dated 10 August 2012, indicates the applicant was reprimanded for operating a motor vehicle while under the influence of alcohol. FG Article 15, dated 16 October 2012, for operating a vehicle while drunk on 22 July 2012, wrongfully consuming or possessing alcohol while under the age of 21 on 22 July 2012. The punishment consisted of a reduction to E-2, forfeiture of $835 pay per month for two months (suspended), and 45 days of extra duty and restriction. MP Report, dated 10 February 2013, indicates the applicant was the subject of an investigation for drinking while underage. Record of Supplementary Action Under Article 15, UCMJ, dated 4 March 2013, vacated the suspended punishment of forfeiture of $835 pay per month for two months imposed on 16 October 2012, due to failing to go to her appointed place of duty at the prescribed time on 10 February 2013, and wrongfully consuming or possessing alcohol while under the age of 21 on 9 February 2013. FG Article 15, dated 11 March 2013, for failing to go to her appointed place of duty at the prescribed time on 10 February 2013, and wrongfully consuming or possessing alcohol while under the age of 21 on 9 February 2013. The punishment consisted of forfeiture of $849 pay per month for two months (suspended), and 45 days of extra duty and restriction. Report of Mental Status Evaluation, dated 7 March 2013, reports an "AXIS I" diagnosis of "Alcohol Dependence (per AHLTA)," and she was psychiatrically cleared for any administrative action as deemed appropriate by her command. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 6 April 2017; DD Form 214; medical record, dated 19 March 2013; Request and Authorization for TDY Travel of DoD Personnel, dated 8 May 2013; illegible health records, dated 9 April 2013; ADAPT Certification, dated 24 August 2012; college transcript, dated 9 January 2017; and two Dean's List certificate for Spring-Summer 2016, and Fall 2016. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, she is attending college and about to receive her associate's degree. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant's available record of service, and the issues and documents submitted with her application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of her 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 policies. By abusing alcohol and incidents of misconduct, the applicant knowingly risked a military career and marred the quality of her service that ultimately caused her discharge from the Army. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that the applicant's service mitigated the misconduct or poor duty performance, such that she should have been retained on Active Duty. In consideration of the applicant's post-service accomplishments, the Board can find that her accomplishments were or were not sufficiently mitigating to warrant an upgrade of her characterization of service. The applicant contends that an upgrade of her discharge would allow educational benefits through the use of the GI Bill to continue with her education towards obtaining a Bachelor's Degree. 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. 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 her 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 14 September 2018, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service and post-service accomplishments. Therefore, 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, paragraph 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, paragraph 14-12a e. Change SPD / RE Code to: JKN / 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 AR20170007927 1