1. Applicant's Name: a. Application Date: 15 April 2017 b. Date Received: 21 April 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, an upgrade would allow receipt of educational and medical benefits, which will help the applicant become a more successful person in society. 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), notes indicated diagnoses of Social Phobia, ADHD, and Alcohol Use Disorder, Severe. In summary, the applicant did not have a medical or behavioral health condition that was mitigating for the offenses which led to separation from the Army. In a records review conducted at Arlington, VA on 7 December 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: Pattern of Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 3 March 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 January 2017 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 9 December 2016, he was found drunk while on duty as an extra duty Soldier; On divers occasions between on or about 12 July 2016 and on or about 5 October 2016, failed to report at the time prescribed to the appointed place of duty; On or about 21 November 2016, having received a lawful command from CPT W, his superior commissioned officer, then known by him to be his superior commissioned officer, to not drink alcohol, or words to that effect, did at or near Kadena Air Base, Okinawa, Japan, willfully disobey that same; On or about 14 November 2016, he physically controlled a vehicle, to wit: a passenger car, while drunk; On or about 14 November 2016, he wrongfully communicated to A1C S a threat to kill A1C S, to wit: 111 have a bomb or gun to kill you with" or words to that effect; On or about 14 November 2016, wrongfully communicate to A1C S a threat to injure A1C S by stating "wait till I get out of these handcuffs, I am going to kick your ass" or words to that effect; On or about 14 November 2016, he was drunk and disorderly; and, On 17 December 2014, he was incapacitated for the proper performance of his duties through previous wrongful overindulgence in intoxicating liquor. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 23 January 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 2 February 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 December 2013 / 3 years, 25 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 92 c. Highest Grade Achieved / MOS / Total Service: E-3 / 91B10, Wheeled Vehicle Mechanic / 3 years, 2 months, 4 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Okinawa / None f. Awards and Decorations: NDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 12 February 2015, for wrongful previous overindulgence in intoxicating liquor, incapacitated for the proper performance of his duties (17 December 2014). The punishment consisted of a reduction to E-1 (suspended); and, extra duty and restriction for 14 days. Incident Report Summary, dated 14 November 2016, reflects the applicant was apprehended for: Driving Under the Influence; Destruction of Government Property; Drunk/Disorderly: Other; Disrespect to an NCO; Sentinel Disrespect; Threat to Communicate; Flee Scene: Accident; and, Other moving violations (involving driver behavior only). FG Article 15, dated 9 December 2016, for failing to go at the time prescribed to his appointed place of duty on divers occasions (12 July, 9 August, 16 September and 5 October 2016); disobeyed a lawful command (21 November 2016); for physically controlling a passenger car while drunk (14 November 2016); for wrongfully communicating a threat (14 November 2016 (x2); and, for drunk and disorderly conduct (14 November 2016). The punishment consisted of a reduction to E-1; forfeiture of $783 pay per month for two months (suspended); extra duty and restriction for 45 days; and, an oral reprimand. Record Of Supplementary Action Under Article 15, UCMJ, dated 15 December 2016, reflects the suspended portion of the punishment imposed on 9 December 2016, was vacated because the applicant found drunk on duty as an extra duty Soldier (9 December 2016). Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 5 December 2016, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with: Social Phobia; ADHD-IT; and, Alcohol Use Disorder, Severe. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 and DD Form 293. 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 record of service, the issues and documents submitted with his application were carefully reviewed. The 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. It brought discredit on the Army, and was prejudicial to good order and discipline. 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 contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill and medical benefits. 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 applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 7 December 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 a 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 / 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 AR20170011009 1