1. Applicant's Name: a. Application Date: 23 May 2017 b. Date Received: 30 May 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable. The applicant seeks relief contending, in effect, he did not receive a DD Form 214 for his first term of honorable service. He has issues with employment and providing for his children. He has issues with medical insurance and was completely denied by the VA. He wants to be buried at Arlington National Cemetery. He was an outstanding Soldier, highly respected by peers and leaders. He turned to alcohol and was charged with DUI a few months after redeployment. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV) there was a nexus between a behavioral health or medical condition and the misconduct, which led to the applicant's separation from the Army. The Applicant's diagnosis of PTSD and mental status at the time of the misconduct mitigate the offenses. In a records review conducted at Arlington, VA on 10 October 2018, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. post- service PTSD diagnosis), and a prior period of honorable service. Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to general under honorable conditions 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 / Under Other Than Honorable Conditions b. Date of Discharge: 24 December 2014 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 2 October 2014 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he wrongfully operated a vehicle while under the influence of alcohol on 2 February 2014 and 16 August 2014. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 6 October 2014 (5) Administrative Separation Board: The applicant requested consideration of his case by an administrative separation board. On 7 November 2014, the separation approving authority directed an administrative separation board to convene to determine appropriate disposition of the recommendation that the applicant be separated from the Army and to determine the appropriate characterization of service. On 19 November 2014, the applicant was notified to appear before an administrative separation board and advised of his rights. On 11 December 2014, the administrative separation board convened. The applicant appeared with counsel. The board recommended the applicant be discharged with issuance of a characterization of service of under other than honorable conditions. The separation authority approved the findings and recommendations of the administrative separation board and directed the applicant's discharge with a characterization of service of under other than honorable conditions. (6) Separation Decision Date / Characterization: 19 December 2014 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 August 2010 / 6 years b. Age at Enlistment / Education / GT Score: 24 years / HS Graduate / 125 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91D10, Power Generation Equipment Repairer / 7 years, 11 months, 1 day d. Prior Service / Characterizations: USAR, 24 January 2007 to 7 February 2007 / NA IADT, 8 February 2007 to 12 July 2007 / HD USAR, 13 July 2007 to 20 August 2008 / NA RA, 21 August 2008 to 29 August 2010 / HD e. Overseas Service / Combat Service: Alaska / SWA / Afghanistan, 6 November 2012 to 26 May 2013 f. Awards and Decorations: ARCOM, AAM, AGCM, NDSM, ACM-CS, GWOTSM, ASR, NATO MDL g. Performance Ratings: h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 10 February 2014, revealed the applicant was under investigation for driving under the influence, off post. An administrative General Officer Memorandum of Reprimand (GOMOR), dated 28 March 2014, for driving under the influence of alcohol in Alaska. An administrative General Officer Memorandum of Reprimand (GOMOR), dated 3 October 2014, for driving under the influence of alcohol in Alaska. Military Police Report, dated 4 December 2014, relates the applicant was under investigation for fail to obey an order (post driving revocation violation), fail to obey other order (open container), on post. The applicant received several negative counseling statements for various acts of misconduct; and being referred to ASAP. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 11 March 2014, revealed that the physician surmised the applicant was experiencing insomnia and family problems. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214 (two pages); DD Form 214; honorable discharge certificate; oath of reenlistment; reenlistment contract (two pages); three letters of recommendation; and education benefits awarded for honorable service. 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. 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 the characterization of service from under other than 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 a general (under honorable conditions) or 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 did not receive a DD Form 214 for his first term of honorable service. Regulations in effect at the time did not authorize the issue of a separate DD Form 214. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It also states that effective 1 October 1979, DD Forms 214 would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued. Prior to 1 October 1979, a DD Form 214 was prepared when a Soldier was discharged for the purpose of immediate reenlistment. The applicant further contends, he has issues with employment and providing for his children. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant also contends, he has issues with medical insurance and was completely denied by the VA; and he wants to be buried at Arlington National Cemetery. 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, he was an outstanding Soldier, highly respected by peers and leaders. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. Lastly, the applicant contends, he turned to alcohol and was charged with DUI a few months after redeployment. He had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. 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 10 October 2018, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. post-service PTSD diagnosis), and a prior period of honorable service. Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to general under honorable conditions 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: General Under Honorable Conditions 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 AR20170009121 1