1. Applicant's Name: a. Application Date: 13 February 2018 b. Date Received: 7 March 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, that during the time of his service he was an exemplary Soldier. The applicant contented that he received a TBI in the line of duty in or around May 18th. He was sent to Landstuhl Medical Center, given stitches and released without further evaluation. After a few days he became very irritable, irrational, and short tempered. He did his misconduct and it was recommended that he go get checked out again, where he was told he had severe TBI and that it was most likely the cause of his change in character. He believes is calling is in public service and he is good at reading situation and finding the best possible outcome to keep everyone out of harm's way. He is currently pursuing a degree in Homeland Security, and Counter Terrorism, and would like to be able to place himself in a job where he can help others, and his discharge is standing in the way of that. 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 Adjustment Disorder with anxiety/unspecified; Alcohol Abuse; Alcohol Dependence; Anxiety Disorder, unspecified; Chronic post-traumatic headache, intractable; Concussion with LOC of 30 minutes or less; Dysthymic Disorder (Depressive Neurosis). The applicant is 30% service-connected from the VA. In summary, the applicant has a BH diagnosis that is partially mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 2 September 2020, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's length of service and the circumstances surrounding the discharge (in-service diagnosis of TBI) 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 4 December 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 October 2017 (2) Basis for Separation: The applicant was informed of the following reasons: for physically controlling a vehicle while the alcohol concentration in his breath equaled or exceeded 0.10 grams per 210 liters (0.10g/210L) of breath on or about 20 May 2017 and 16 June 2017; Failing to obey a lawful general regulation on 16 June 2017; by driving with a suspended license; Unlawfully assaulting Specialist X., on 16 June 2017; and Making a false official statement to investigator W.H.R., on 17 June 2017 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Undated and unsigned election of rights. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 September 2015 / 3 years, 27 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 106 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91B10, Wheeled Vehicle Mechanic / 2 years, 2 months, 21 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: NDSM, GWOTSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Alcohol Incident Report, indicating the applicant was the subject of investigation for a domestic dispute. Military Blotter Report, dated 17 June 2017, which indicates the applicant was the subject of investigation for assault consummated by a battery. Military Blotter Report, dated 20 May 2017, which indicates the applicant was the subject of investigation for driving under the influence without personal injury. Several negative counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 21 August 2017, which indicates the applicant was diagnosed with a personal history of traumatic brain injury, alcohol dependence, and uncomplicated problems in relationship with spouse or partner. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and medical record documents, dated 6 November 2017 making reference to Traumatic Brain Injury (TBI), irritability and anger, and sleep disorders. 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 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 during his time of his service he was an exemplary Soldier. The applicant contented that he received a TBI in the line of duty in or around May 18th. He was sent to Landstuhl Medical Center, given stitches and released without further evaluation. After a few days he became very irritable, irrational, and short tempered. He did his misconduct and it was recommended that he go get checked out again, where he was told he had severe TBI and that it was most likely the cause of his change in character. He believes is calling is in public service and he is good at reading situation and finding the best possible outcome to keep everyone out of harm's way. The applicant's contentions were noted; however, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 21 August 2017, the applicant underwent a mental status evaluation which indicates the applicant was diagnosed with a personal history of traumatic brain injury, alcohol dependence, and uncomplicated problems in relationship with spouse or partner. It appears the applicant's chain of command determined that although he was suffering from a TBI, he knew the difference between what was right and wrong. Further, there are many Soldiers with the same condition that completed their service successfully. The applicant also contents that he is currently pursuing a degree in Homeland Security, and Counter Terrorism, and would like to be able to place himself in a job where he can help others, and his discharge is standing in the way of that. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 2 September 2020, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's length of service and the circumstances surrounding the discharge (in-service diagnosis of TBI) 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 AR20180004459 3