1. Applicant's Name: a. Application Date: 20 October 2017 b. Date Received: 30 January 2018 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, that the discharge does not adequately represent the applicant's service to the country. The applicant contends that an honorable discharge would allow the applicant to serve the country in another capacity. 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 Dependence, Alcohol Abuse, and Adjustment Disorder. The applicant is 50% service-connected for PTSD from the VA. The VA has also diagnosed the applicant with Bipolar Disorder, Depressive Disorder NOS, Alcohol Use Disorder, and Body Dysmorphic Disorder. 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 1 April 2020, 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, the circumstances surrounding the discharge (i.e. in-service and post- service diagnoses of OBHI and PTSD), and a prior period of honorable service. 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: 26 September 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 July 2016 (2) Basis for Separation: The applicant was informed of the following reason: for violating Tennessee's Implied Consent Law by refusing to submit to a breathalyzer test on 20 February 2016. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 19 July 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 September 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 June 2013 / 3 years (The applicant extended his enlistment 5 months on 10 September 2013, giving him a new ETS date of 2 November 2016) b. Age at Enlistment / Education / GT Score: 20 / GED / 124 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 5 years, 4 months, 10 days d. Prior Service / Characterizations: 17 May 2011 to 2 June 2013 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (23 March 2012 to 26 November 2012) f. Awards and Decorations: ARCOM, AAM, ACM-CS, NDSM, GWOTSM, ASR, OSR, NATOMDL, CIB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Incident Report from the Clarksville Police Department, dated 20 February 2016, which indicates the applicant was the subject of investigation for driving under the influence in the state of Tennessee. General Officer Administrative Reprimand, dated 23 March 2016, for refusing to take a lawfully requested test to measure the alcohol content of his breath when there was reasonable belief that he was driving under the influence of alcohol. On 20 February 2016, he violated the Implied Consent law when he refused to submit to an intoximeter test in the state of Tennessee. It was totally unacceptable for him a United States Army Soldier to act in such an irresponsible manner. Army Substance Abuse Program (ASAP) enrollment, dated 19 April 2016, indicating the applicant was command referred as a result of a suspected alcohol or drug problem. Counseling statement reference Chapter 14 action. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 15 March 2016, indicates the applicant was diagnosed with an Axis 1 for Adjustment Disorder, unspecified and Alcohol Abuse, uncomplicated. It was noted that the applicant met medical retention per AR 40-501 and was therefore cleared for administrative separation actions under Chapter 14 or any other administrative action deemed necessary by his command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 638 (Recommendation for Award); and DD Form 214 for the period of service under review. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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 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 seeks relief contending that his discharge does not adequately represent his service to his country. The applicant contends that an honorable discharge would allow him to serve his country in another capacity. The applicant's contentions were noted; however, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 1 April 2020, 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, the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of OBHI and PTSD), and a prior period of honorable service. 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 AR20180001878 1