1. Applicant's Name: a. Application Date: 3 November 2017 b. Date Received: 30 November 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to upgrade an under other than honorable conditions discharge to general (under honorable conditions) or honorable and to change the separation code that corresponds with the narrative reason for discharge from "JKQ" to "JBK, Completion of Required Active Service," based on propriety and equity. The counsel on behalf of the applicant seeks relief contending, in pertinent part and in effect, the applicant was unjustly discharged with an unjust characterization of service. (The counsel detailed the circumstances surrounding the incident of driving under the influence alcohol while stationed in Korea, letter of reprimand, and the punishment under Article 15, UCMJ, for violating a command policy by wrongfully being off-post during hours of curfew.) (The counsel also detailed the circumstances surrounding a second driving under the influence incident and its letter of reprimand.) On 3 January 2008, the applicant was counseled for being processed for an involuntary separation due to two serious incidents of alcohol-related misconduct in a year. Both incidents as bases for separation proceedings were referred to an administrative separation board. On 26 August 2008, the board made a unanimous decision of finding the applicant committing a serious offense of driving under the influence, and recommended separation with an under other than honorable conditions characterization of service. Since the applicant's discharge, the applicant had difficult experiences transitioning with the passing of sister and caring for their mother. The applicant's marital relationship strained and ultimately divorced. The applicant's finances fell arrear leading to filing for bankruptcy chapter 7. The applicant was able to get the finances back in order and has, since, successfully completed the substance abuse counseling, obtained a driver's license, and is currently employed as a government contractor. The applicant's documented superior performance reflects the applicant as a top performer with a stellar record, numerous awards and excellent performance evaluations. The applicant's years of stellar career outweigh the negative aspects and conduct, two lapses in judgment, which were isolated incidents. 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 a diagnosis of Alcohol Abuse. Post- service, the applicant does not have a percentage rating from the Veteran Affairs (VA) but did receive intermittent therapy between 2008-2011 for alcohol abuse and several physical concerns. In summary, the applicant had a medical or behavioral health condition that was partially mitigating for the offenses which led to separation from the Army. In a records review conducted at Arlington, VA on 26 October 2018, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, a prior period of honorable service, post-service accomplishments, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of OBH). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (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: 17 October 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 May 2008 (2) Basis for Separation: The applicant was informed of the following reasons: On 14 December 2006, he drove while intoxicated rendering a BAC of approximately 0.152 percent. On 20 October 2007, he drove while intoxicated, while rendering a BAC of approximately 0.157 percent. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 27 May 2008 (5) Administrative Separation Board: 26 August 2008, separation with an Under Other Than Honorable Conditions characterization of service. (6) Separation Decision Date / Characterization: 26 September 2008 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 February 2006 / Indefinite b. Age at Enlistment / Education / GT Score: 33 / HS Graduate / 122 c. Highest Grade Achieved / MOS / Total Service: E-6 / 25S30, Satellite Communication System Operator/Maintainer, and 42A30, Human Resources Specialist / 22 years, 5 months, 15 days d. Prior Service / Characterizations: USNR (9 February 1984 to 1 May 1984) / NA IADT (2 May 1984 to 3 October 1984) / HD USNR (4 October 1984 to 27 April 1993) / HD RA (20 July 1995 to 15 July 1999) / HD RA (16 July 1999 to 31 October 2001) / HD RA (1 November 2001 to 22 February 2006) / HD e. Overseas Service / Combat Service: Korea x 2 / None f. Awards and Decorations: ARCOM-6; AAM-2; AGCM-3; NRMSM; NDSM-2; GWOTSM; KDSM; ASR; OSR-2 g. Performance Ratings: Four NCOERs rendered during period of service under current review: December 2005 thru July 2006, Among the Best 1 August 2006 thru 31 January 2007, Marginal 1 February 2007 thru 31 August 2007, Among the Best 3 September 2007 thru 2 September 2008, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand, dated 19 April 2007, indicates the applicant was reprimanded for driving a vehicle while intoxicated. FG Article 15, dated 4 May 2007, for violating a lawful general regulation on 14 December 2006 (Continuation Sheet NIF). The punishment consisted of forfeiture of $1,044 pay per month for two months, and 45 days of extra duty and restriction. Army Substance Abuse Program (ASAP) Enrollment, dated 21 October 2007, indicates the applicant self-enrolled into the program for two DUIs within one-year period (Limited Use - at page 6 of Part 3 Separation File). MP Report with its associated documents, dated 7 November 2007, indicates the applicant was the subject of an investigation for driving under the influence of alcohol. Negative counseling statements for being notified of an administrative separation for two serious incidents of alcohol-related misconduct within a year; drunken and recklessly operating a vehicle; displaying a disorderly conduct; and presenting reckless endangerment. General Officer Memorandum of Reprimand, dated 20 November 2007, indicates the applicant was reprimanded for being apprehended by civil authorities for operating a motor vehicle under the influence of alcohol. Report of Mental Status Evaluation, dated 7 January 2008, indicates the applicant was psychiatrically cleared. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 3 November 2017; attorney-authored brief; DD Form 214; GOMOR, dated 19 April 2007; FG Article 15, dated 4 May 2007; GOMOR and its associated documents, dated 20 November 2007; Disqualification of AGCM, dated 8 March 2008; separation proceedings memoranda with administrative separation board proceedings and findings and recommendations; two character reference/supporting affidavits; and 13 NCOERs. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, that he has, since, successfully completed the substance abuse counseling, obtained his driver's license, and he is currently employed as a government contractor. 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. 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 to upgrade his under other than honorable conditions discharge to general (under honorable conditions) or honorable and to change the separation code that corresponds with the narrative reason for his discharge from "JKQ" to "JBK, Completion of Required Active Service," based on propriety and equity. The applicant's available record of service, and 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, by violating the Army's policy, not to abuse alcohol, compromised the special trust and confidence placed in an NCO. The applicant, as an NCO, had the duty to support and abide by the Army's alcohol abuse policies. By abusing alcohol, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the Army. The applicant contends he was unjustly discharged with an unjust characterization of service. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issues. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further sufficient evidence has been provided with the request for an upgrade of the discharge. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, and his post-service accomplishments, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service and to change the narrative reason for his discharge. The applicant contends the incidents that caused his discharge were the only ones in his entire military career. Although isolated incidents, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The narrative reason for the applicant's separation and its associated separation and reentry codes are governed by specific directives, and as approved by the separation authority. The narrative reason specified by Army Regulations for a discharge under this chapter is "Misconduct (Serious Offense)," and the separation code is JKQ. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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 26 October 2018, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, a prior period of honorable service, post- service accomplishments, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of OBH). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General Under Honorable Conditions 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 AR20180000245 1