1. Applicant's Name: a. Application Date: 5 November 2017 b. Date Received: 16 November 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, the conduct during service in the Army was nothing short of honorable. The applicant pushed oneself in Basic and led the platoon through the entire 14 weeks as the Platoon Sergeant, and later, went to Airborne School to better oneself as a Soldier. Shortly after arriving in the 82nd Airborne Division, the applicant was promoted to Specialist and was given a Fire Team to lead. Competing in Soldier of the month boards to prepare for the NCO boards. The applicant deployed to Afghanistan as a Fire Team Leader of Weapons Squad and controlled more than 30 percent of the platoon's fire power in a combat situation. The applicant was personally responsible for the 360-degree security to ensure the safety of their platoon during combat operations. The applicant further states, upon redeployment found out that the wife wanted a divorce. They went through marriage counseling, but nothing could salvage the marriage. During the divorce, the unit put the applicant on a high risk list because of the divorce, which prevented the applicant from going to the NCO board. The applicant had a moment of weakness and instead of reaching out for help, drank too much and drove a vehicle home, resulting in a DUI. The applicant does not state that what the applicant did was not wrong and reckless and someone could have been seriously hurt. The applicant believes the discharge is inequitable because it was based on an isolated incident in 39 months of service. Since discharge, the applicant has not been able to find a suitable career to support the children. The discharge has prevented the applicant from being able to go to school because of losing the GI Bill. Without a degree or trade it is hard for the applicant to find a job that pays enough to pay the bills and have a house. In 13 years of driving, the applicant had a speeding ticket in 2009, and a DUI in 2013. Letters from the Company and Battalion Commander reflect the kind of Soldier the applicant was and how the applicant was viewed prior to the single incident. An upgrade will allow the applicant to get a career to support the family, whether that be by going to school using the GI Bill or just getting a good job with an honorable discharge. The reason for requesting an upgrade sooner is because the applicant was not aware that it was a possibility, until and after talking to another veteran about this situation. 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 diagnoses of Alcohol Disorder and Sleep disturbance. The applicant is 90% service-connected; 50% for PTSD from the VA. In summary, the applicant had 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 5 August 2019, 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, and the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD). 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 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 1 November 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 October 2013 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 21 September 2013, he was caught operating a vehicle with a blood alcohol content of 0.1 percent, which was above the legal limit. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 17 October 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 April 2010 / 4 years, 19 weeks b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 6 months, 6 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (14 June 2012 - 28 September 2012) f. Awards and Decorations: ACM-2CS, ARCOM, AGCM, NDSM, ASR, NATOMDL, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Commander's Report, dated 1 October 2013, reflects the applicant received a FG Article 15, for operating a vehicle with a blood alcohol content over 0.8 percent and was found guilty of the specification. The punishment consisted of a reduction to E-1; forfeiture of $758 pay for two months (suspended); and, extra duty and restriction for 14 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; two character statements; DA Form 4980- 14. 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. 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 the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends that he had good service which included a combat tour. 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. The applicant is to be commended for his accomplishments. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. 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 third party statements provided with the application speak highly of the applicant's performance. They all recognize his good conduct and performance in the Army prior to the misconduct, which led to his discharge. However, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 5 August 2019, 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, and the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD). 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 AR20180001514 1