1. Applicant's Name: a. Application Date: 11 June 2017 b. Date Received: 3 July 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant through counsel seeks relief contending, in effect, received a misdemeanor DUI and was told to wait while command decided what to do. For a period of roughly five months, the applicant was forced to sit in an office and do practically nothing while waiting to hear about the punishment. The treatment was completely inconsistent with disciplinary procedures at the time and has no procedural basis. The applicant served in Afghanistan as a multichannel transmission systems operator and received a number of commendations and awards. The discharge prevents the applicant from receiving VA benefits. The applicant should have only received minor administrative action from the commanding officer as a result of the DUI; other members who received DUIs did not experience such treatment. Had the misdemeanor DUI been treated as a DUI typically, the applicant would have likely continued on in an outstanding career. 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 indicate diagnosis of Adjustment Disorder with anxiety and depression/with disturbance of emotions and conduct. VA records indicate the applicant is 60% service connected; 50% for PTSD. In summary, the applicant has a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 22 February 2019, and by a 4-1 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 diagnosis of PTSD and OBH). 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: 20 September 2012 c. Separation Facts: No (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 February 2010 / 4 years, 20 weeks b. Age at Enlistment / Education / GT Score: 19 years / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 25Q1P, Multichannel Transmission Systems Operator / Maintainer / 2 years, 6 months, 29 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan, 6 January 2011 to 1 January 2012 f. Awards and Decorations: ARCOM, NDSM, ACM-2CS, GWOTSM, ASR, OSR, NATO MDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); attorney's brief (three pages); and a support statement. 6. POST SERVICE ACCOMPLISHMENTS: His attorney states in his brief the applicant attends community college and works as a cable technician for Time Warner Cable. He also volunteers as a laboratory assistant at the University of Southern California (USC). He plans to transfer to USC to finish his undergraduate work. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's digital signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c, by reason of misconduct (serious offense), with a characterization of service of under other than honorable conditions. Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the DD Form 214 shows a Separation Code of JKQ (i.e., misconduct (serious offense) with a reentry eligibility (RE) code of 3. The applicant's contentions were carefully considered regarding, he received a misdemeanor DUI and was told to wait while command decided what to do with him; for a period of roughly five months, he was forced to sit in an office, and do practically nothing while waiting to hear the punishment he would receive; his treatment was completely inconsistent with disciplinary procedures at the time and has no procedural basis; he should have only received minor administrative action from his commanding officer as a result of his DUI; other members who received DUIs did not experience such treatment; and had his misdemeanor DUI been treated as a DUI typically, he would have likely continued on in an outstanding career. However, the merit of these contentions cannot be substantiated because the facts and circumstances leading to the discharge are not contained in the available record. There is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant further contends, he served in Afghanistan as a multichannel transmission systems operator and received a number of commendations and awards. The applicant's service accomplishments and the quality of his service prior to the incident (s) that caused the initiation of discharge proceeding were carefully considered. The applicant also contends, his discharge prevents him from receiving VA benefits. 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. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, the discharge appears consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 22 February 2019, and by a 4-1 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 diagnosis of PTSD and OBH). 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 AR20170014319 1