1. Applicant's Name: a. Application Date: 20 July 2017 b. Date Received: 25 July 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, requests a review to determine if follow on service and conduct would warrant to change in discharge. Since discharge, the applicant enlisted in the Army National Guard and served two separate deployments to Iraq in support of Operation Iraqi Freedom. The applicant states that an upgrade would allow eligibility for VA benefits. The applicant is looking to pursue a higher education and continued growth on a personnel level. The applicant strives to achieve and derive behaviors that are consistent with the traditions and honor of when serving in the Army and the Non-Commissioned Officers Corp. In a records review conducted at Arlington, VA on 13 March 2019, 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 / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 5 February 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 December 2004 (2) Basis for Separation: The applicant was informed of the following reasons: On 21 October 2004, he received counseling for wrongfully consuming alcohol during the UFL exercise; On 13 October 2004, he received a Field Grade Article 15 for violating the USFK curfew policy; On 7 October 2004, his previous suspended punishment was vacated for the same offense; On 20 May 2004, he received a Field Grade Article 15 for underage drinking; and, On 3 May 2004, his previous suspended punishment was vacated for the same offense. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 7 December 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 19 January 2005 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 October 2002 / 4 years b. Age at Enlistment / Education / GT Score: 18 / Some College / 126 c. Highest Grade Achieved / MOS / Total Service: E-3 / 33W10, Electronic Warfare Equipment Repairer / 2 years, 4 months, 5 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM, KDSM, ASR, GWOTSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 11 February 2004, for wrongfully violating a lawful general order, by wrongfully being off the installation during curfew hours (18 December 2003); for violating a lawful general regulation, by wrongfully consuming alcoholic beverages while under 20 years of age (18 December 2003); and, as a result of previous overindulgence in intoxicating liquor or drugs incapacitated for the proper performance of his duties (18 December 2003). The punishment consisted of a reduction to E-2 (suspended); and, extra duty and restriction for 14 days. Record Of Supplementary Action Under Article 15, UCMJ, dated 3 May 2004, reflects the suspended portion of the punishment imposed on 11 February 2004, was vacated because the applicant violated a lawful general regulation, by wrongfully consuming alcoholic beverages while under 20 years of age (10 April 2004). FG Article 15, dated 20 May 2004, for violating a lawful general regulation, by wrongfully consuming alcoholic beverages while under 20 years of age (10 April 2004). The punishment consisted of a reduction to E-1; forfeiture of $596 pay per month for two months (suspended); and, extra duty and restriction for 45 days. Record Of Supplementary Action Under Article 15, UCMJ, dated 7 October 2004, reflects the suspended portion of the punishment imposed on 20 May 2004, was vacated because the violated a general order by wrongfully being off-post during curfew hours (25 September 2004). FG Article 15, dated 13 October 2004, for wrongfully violating a general order by wrongfully being off-post during curfew hours (25 September 2004). The punishment consisted of a forfeiture of $596 pay per month for two months (suspended); and, extra duty and restriction for 45 days. Several Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None submitted with the application. j. Diagnosed PTSD / TBI / Behavioral Health: Mental Status Evaluation, dated 10 November 2004, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant was mentally responsible with a clear thinking process. The applicant was diagnosed with: Alcohol Abuse. 5. APPLICANT-PROVIDED EVIDENCE: Online application and three DD Forms 214. 6. POST SERVICE ACCOMPLISHMENTS: He enlisted in the Army National Guard and served two separate deployments to Iraq in support of Operation Iraqi Freedom. 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 Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The applicant contends that an upgrade of his discharge would allow veterans benefits. However, eligibility for veteran's benefits, 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 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 13 March 2019, 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 AR20170011181 1