1. Applicant's Name: a. Application Date: 24 January 2018 b. Date Received: 1 February 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 applicant is requesting an upgrade due to an involuntary separation from the US Army over one isolated incident. The applicant was told by JAG when the applicant opted for discharge that it would be general (under honorable conditions) and if the applicant had no similar infraction as a civilian for six months, the applicant could apply and receive an honorable discharge and reenlist. The applicant was separated in December 2016 from the Army due to a DUI offense in July 2016 during service at Fort Campbell. The applicant had no other infractions of any nature prior to or after the DUI. After the DUI incident, the applicant attended the alcohol abuse seminar and was an alcohol abuse counselor who stated that the applicant was not an alcoholic and realized the significance and severity of the infraction as was resigned to never letting it happen again. In fact, the applicant had stopped drinking permanently. Currently the applicant works at Man in Motion delivery services as a delivery man and has been working there since January 2017. The applicant as recognized as a top performing Soldier and peer leader. The applicant always passed PT test, graduated from assigned schools and training and followed all direction from the chain of command. In fact the applicant was awaiting the order for promotions to E-4 which was accelerated and five months earlier than the date of rank. In a records review conducted at Arlington, VA on 13 April 2020, and by a 3-2 vote, the Board determined the discharge is inequitable based on the applicant's length of service and post- service accomplishments. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed 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: 23 November 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 October 2016 (2) Basis for Separation: The applicant was informed of the following reason: for operating a motor vehicle with a BAC of .128 on 19 June 2016 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 13 October 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 8 November 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 January 2015 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 98 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 1 year, 10 months, 4 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR, AAB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Army Substance Abuse Program (ASAP) Enrollment, dated 20 June 2016, which indicate the applicant was command referred after being arrested on Fort Campbell Gate 4 for driving under the influence on 19 June 2016. Notification of Suspension/Revocation of Installation Vehicle Registration and POV Driving Privileges, date 19 June 2016, for driving under the influence and driving without a valid operator's license. Report of Mental Status Evaluation, dated 13 July 2016, which indicates the applicant could understand and participated in administrative proceedings and could appreciated the difference between right and wrong. The applicant met medical retention per AR 40-501 and was therefore cleared for administrative separation actions under chapter 14 or any other administrative actions deemed necessary by his command. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored letter; letter of support; and DD Form 214 for the period of service under review. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge he has acquired a CT guard card to open up more doors of opportunity for security positions. He has volunteered multiple times at Ridgefield senior assisted living. When he is not working he is at the gym to better himself physically. 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 she should have been retained on Active duty. The applicant seeks relief contending that he was told by JAG when he opted for discharge that it would be general (under honorable conditions) and if he had no similar infraction as a civilian for six months he could apply and receive an honorable discharge and reenlist. He was separated in December 2016 from the Army due to a DUI offense in July 2016 during his service at Fort Campbell. He had no other infractions of any nature prior to or after the DUI. After the DUI incident he attended the alcohol abuse seminar and was an alcohol abuse counselor who stated that he was not an alcoholic and he realized the significance and severity of the infraction as was resigned to never letting it happen again. In fact he had stopped drinking permanently. Currently he works at Man in Motion delivery services as a delivery man and he has been working there since January 2017. The applicant contends that he was recognized as a top performing Soldier and peer leader. He always passed PT test, graduated from assigned schools and training and followed all direction from his chain of command. In fact he was awaiting his order for promotions to E-4 which was accelerated and five months earlier than his date of rank. The applicant's contentions were noted; however, the US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable. 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 and the applicant is to be commended on his accomplishment. However, although a single incident, 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 incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 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. 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 April 2020, and by a 3-2 vote, the Board determined the discharge is inequitable based on the applicant's length of service and post-service accomplishments. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed 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 AR20180003824 1