1. Applicant's Name: a. Application Date: 7 May 2018 b. Date Received: 11 May 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, his mental conditions started while he was on active duty and subsequently the VA has rated him total and permanent disabled for those conditions. The applicant states his medical records reflect he was diagnosed with a mental condition while in service. The applicant is assigned 100 percent disability for a bipolar disorder (also claimed as major depression, insomnia, schizophrenia and anxiety). 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 Anxiety Disorder NOS and Adjustment Disorder. The applicant is 100% service connected for Bipolar Disorder. The VA has also diagnosed the applicant with Bipolar Disorder; Alcohol Dependence, Crack Cocaine Dependence, Major Depressive Disorder (MDD) with psychotic features, and Antisocial Personality traits. 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 14 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: 25 February 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 February 2010 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant operated a vehicle while under the influence of alcohol. In addition, he absented himself from his unit without authority from 11 July 2009 until 17 July 2009; failed to obey a lawful order, as a result of wrongful previous indulgence in intoxicating liquor incapacitated for the proper performance of his duties; and, failed to report to his appointed place of duty on several occasions. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 18 February 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 August 2007 / 3 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-1 / 91D10, Power-Generation Equipment / 2 years, 5 months, 11 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 14 June 2009, reflects the applicant was apprehended for: Driving Under the Influence of Alcohol or Drugs (Off Post); and, Refusal to Submit to a Preliminary Breath Test (Off Post). General Officer Memorandum Of Reprimand, dated 24 June 2009, for driving under the influence of alcohol on 13 June 2009. Late in the evening, a Junction City Police officer responded to a complaint of a vehicle racing up and down Caroline Avenue squealing its tires and weaving. The officer observed that the applicant's vehicle matched the description and saw his vehicle travelling with the emergency flashers on. After the flashers were turned off, he saw the applicant's left turn signal engage while he travelled straight for 300 feet. The officer then saw applicant's vehicle tires lock up causing the vehicle to skid five feet. The officer conducted a traffic stop. When the officer asked the applicant if he had anything to drink because he could smell the odor of an alcoholic beverage coming from the passenger compartment, the applicant replied "one drink." The applicant submitted to standardized field sobriety tests, which indicated multiple signs of impairment. The applicant then refused a preliminary breath test. Based on his observations, the officer arrested the applicant for driving under the influence of alcohol and transported him to the Junction City Police department. The applicant refused to submit to a breath test and was charged with driving under the influence of alcohol and refusal to submit to a breath test. Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 11 July 2009; and, From "AWOL" to "PDY," effective 17 July 2009. Military Police Report, dated 15 July 2009, reflects the applicant was apprehended for: AWOL (On Post); and, AWOL Surrendered (On Post). FG Article 15, dated 15 September 2009, for being AWOL (between 11 and 17 July 2009); failing to go at the time prescribed to his appointed place of duty (15 May and 3 June 2009); willfully disobeyed a lawful order (14 June 2009); and, wrongful previous overindulgence in intoxicating liquor or drugs incapacitated him for the proper performance of his duties (3 June 2009). The punishment consisted of a forfeiture of $700 pay per month for two months (one month suspended); and, extra duty for 45 days; and restriction for 45 days (suspended). Several Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: 18 days AWOL, 11 July 2009 - 16 July 2009 / NIF NIF, 5 February 2010 - 16 February 2010 / NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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 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 his mental conditions started while he was on active duty and now the VA has rated him 100 percent disabled for bipolar disorder. However, the service record contains no evidence of bipolar disorder or mental disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. 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 14 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 / 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 AR20180007051 3