1. Applicant's Name: a. Application Date: 3 April 2018 b. Date Received: 6 April 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 his discharge was inequitable based on the previous 53 months of honorable service with no adverse actions towards himself prior to January 2014. The applicant contends he upheld the standard of the Army and as a noncommissioned officer September 2009 through January 2014, to the time when he was serving time in an El Paso County Jail for 10 days due to his DUI which he received on 21 February 2013. His chain of command was not aware of his offenses due to the fact he was advised by a lawyer the it would be double jeopardy if he was to be punished by civil and military law. But in January 2014, his squad leader was made aware that he was serving 10 days in county jail for his conviction of a DUI; which lead to his general (under honorable conditions) discharge two months later. Although he takes fully responsibility for his actions, he believes this was the cause of a bigger problem. He was not diagnosed with PTSD until 2017 according to his service-connected disabilities through the VA. But as documents submitted show, he was being treated for anxiety, panic attacks, PTSD like symptoms and alcohol abuse ever since being deployed to Afghanistan and returning home. He cannot tell how many times he had been to the emergency room due to those symptoms. He could not be in rooms full of people, noises and pretty much stole his family life away from him. Thought-out all this time, he still served honorable while mental and medical help was minimized due to government cut backs. He asked many time for help and was rerouted to excuses why they could not at the time. He felt alone and afraid; when he got back from deployment June 2012, their camaraderie was so heightening due to their time together, they always had each other's back. Then less than four months later he was PCS'd to Fort Carson CO; and that is when it all went into a downward spiral. No camaraderie, no help, as a matter fact, there was only 10 people in his unit who were just as lost as he was; then one night on 21 February 2014 (2013), he decided to make the wrong decision. 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 PTSD. The applicant is 50% service connected for PTSD, initially 10% for Anxiety. The VA has also diagnosed the applicant with Alcohol Use Disorder, Panic Disorder, Anxiety Disorder NOS, and Alcohol Induced Depressive Disorder. In summary, the applicant does not have 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 2 October 2020, and by a 4-1 vote, the Board denied the request upon finding the separation was both proper and equitable. (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: 24 March 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 September 2009 / 6 years b. Age at Enlistment / Education / GT Score: 26 / HS Graduate / 102 c. Highest Grade Achieved / MOS / Total Service: E-5 / 15H20, Aircraft Pneudraulics Repairer / 4 years, 6 months, 17 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (13 June 2011 to 5 June 2012) f. Awards and Decorations: ARCOM, AAM-2, AGCM, ACM-2CS-2, NDSM, GWOTSM, ASR, OSR, NATOMDL g. Performance Ratings: 1 December 2012 to 30 November 2013, Marginal h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None in the file; however, chronological records of medical care documents submitted by the applicant show the applicant was diagnosed with an Axis I for alcohol abuse and that he was command referred to ASAP treatment due to having received an off-post DUI on 20 February 2013 and that he had failed to inform command and that the command became aware of the sentence by El Paso County, CO when he had to do his jail time. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; letters of support; letter of intent; letters from the rehabilitation hospital; health records from the Army; Department of Veterans Affairs decision letter; enlisted record brief (ERB); proof of employment and certificated history; and DD Form 214 for the period of service under review. The decision letter from the Department of Veterans Affairs, noted that the applicant is receiving 50 percent service connected disability for post-traumatic stress disorder (PTSD) (previously rated as other specified anxiety disorder with alcohol use disorder (in remission)) and that he has an overall rating of 100 percent as of 14 February 2017. 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. 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 available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c, by reason of Misconduct (Serious Offense), with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, all the requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The applicant seeks relief contending that his discharge was inequitable based on the previous 53 months of honorable service with no adverse actions towards himself prior to January 2014. The applicant contends he upheld the standard of the Army and as a noncommissioned officer September 2009 through January 2014, to the time when he was serving time in an El Paso County Jail for 10 days due to his DUI which he received on 21 February 2013. Although he takes fully responsibility for his actions, he believes this was the cause of a bigger problem. He was not diagnosed with PTSD until 2017 according to his service-connected disabilities through the VA. But as documents submitted show, he was being treated for anxiety, panic attacks, PTSD like symptoms and alcohol abuse ever since being deployed to Afghanistan and returning home. He cannot tell how many times he had been to the emergency room due to those symptoms. He could not be in rooms full of people, noises and pretty much stole his family life away from him. Thought-out all this time, he still served honorable while mental and medical help was minimized due to government cut backs. He asked many time for help and was rerouted to excuses why they could not at the time. He felt alone and afraid; when he got back from deployment June 2012, their camaraderie was so heightening due to their time together, they always had each other's back. Then less than four months later he was PCS'd to Fort Carson CO; and that is when it all went into a downward spiral. No camaraderie, no help, as a matter fact, there was only 10 people in his unit who were just as lost as he was; then one night on 21 February 2014 (2013), he decided to make the wrong decision. The applicant's request is noted; however, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Also, it should be noted; by violating the Army's policy on the use of alcohol, it appears the applicant compromised the trust and confidence placed in a Soldier. The applicant, as a Soldier, had the duty to support and abide by the Army's alcohol policies. By abusing alcohol, the applicant knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge. Additional; the fact the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. Based on the available record it appears 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 October 2020, and by a 4-1 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change 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 AR20180006346 1