1. Applicant's Name: a. Application Date: 19 March 2018 b. Date Received: 2 April 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, never received any counseling or anything after the wife passed away. The applicant contends that the wife had been battling breast cancer since 2005 and finally lost the battle on Memorial Day 2009 after fighting for four years. After she lost her battle, the applicant was assigned to Fort Gordon, GA in June of 2009. After in processing, the applicant was immediately told about deploying the following year. Upon hearing that, the applicant asked the First Sergeant if the applicant could speak with the CSM because the applicant felt mentally or physically ill prepared for a deployment because of just losing the wife and was a single father with three kids to raise. The applicant was told by the CSM to suck it up, in so many words, and to either go on the deployment or take a chapter. Being that the applicant had so many years invested and wasn't ready for the civilian life, the applicant sucked it up. The applicant deployed in August of 2010, but prior to the deployment, the applicant's mind was all over the place because of just losing the wife and didn't know if the applicant was coming back alive or not, not to mentions he didn't receive any counseling pertaining to the death of his wife. He stayed in Iraq for 10 months without any R&R because of being falsely accused of rape along with two other Soldiers, but the charges were dismissed because it was determined that the Soldier was lying but they were still demoted from Staff Sergeant to Sergeant because they supposedly partied with the Soldier, which was also not true. The applicant was already having a rough time in Iraq because they had lost 11 Soldiers in battle and the applicant's mind was totally screwed up because of thinking the applicant could be next and being demoted for no reason at all really put the icing on the cake. The applicant started having suicidal thoughts because there was a Soldier that had been in the Army 14 years and never been in any trouble, to get accused for something the applicant didn't do and be demoted just like that. The applicant and the two other Soldiers were sent back to the rear detachment at Fort Gordon two months before the unit because of their punishment. Once back at the rear, the applicant immediately started drinking to ease the pain because the applicant was ready to take life. The applicant would drink at least three gallons a week because that's the only way to cope with the hurt and pain. In September of 2011, the applicant was stopped for a traffic violation and once the officer approached the car, the officer immediately smelled the alcohol on the applicant's breath, which resulted in a breathalyzer test which was over the .08 which was the limit. The applicant was later discharged. 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 Adult Maltreatment- Victim, Alcohol Dependence, and Other Specified Family Circumstances. The applicant does not currently have a service-connected rating from the VA. VA records contain no medical information regarding the applicant. In summary, the applicant did 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 17 May 2019, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service to include combat service, a prior period of honorable service, severe family matters, and the circumstances surrounding the discharge (i.e. in-service diagnosis of OBH). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: In Lieu of Trial by Court-Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 20 June 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 January 2012 and 13 February 2012 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 11 January 2012, the applicant was charged with the following offenses: Physically controlled a passenger car while the alcohol concentration on his breath was, as shown by chemical analysis, .99 an amount equal to or in excess of .08 grams of alcohol per 210 liters of breath on 20 August 2011; and Having a duty for the care of R.W., T.W., T.W., and S.W., children under the age of 16 years endanger the physical safety, by operating a passenger care while the alcohol concentration in his breath was, as shown by chemical analysis, 0.099 an amount equal to or in excess of .08 grams of alcohol per 210 liters of breath on 20 August 2011. Such conduct constituted culpable negligence and was to the prejudice of good order and discipline in the Armed Forces and of a nature to bring discredit upon the Armed Forces. The evidence of record contained a second DD Form 458, Charge Sheet which indicates on 13 February 2012, the applicant was charged with: Having a duty for the care of R.W., T.W., T.W., and S.W., children under the age of 16 years endanger the physical safety, by operating a passenger care while carrying his children as passengers and failing to stop the passenger car at the stop sign posted ant the exit of the Gate 5 Shoppette, and the such conduct constituted culpable negligence and was to the prejudice of good order and discipline in the Armed Forces and of a nature to bring discredit upon the Armed Forces (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 4 May 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 August 2007 / Indefinite b. Age at Enlistment / Education / GT Score: 30 / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-6 / 92Y10, Unit Supply Specialist / 15 years, 11 months, 13 days d. Prior Service / Characterizations: RA, 8 July 1996 to 30 July 1998 / HD RA, 31 July 1998 to 31 July 2001 / HD RA, 1 August 2001 to 30 September 2003 / HD RA, 1 October 2003 to 26 August 2007 / HD e. Overseas Service / Combat Service: Germany, Korea, SWA / Kuwait (31 May 2002 to 26 November 2002) Iraq (20 October 2008 to 7 December 2008 and 21 August 2010 to 3 June 2011) f. Awards and Decorations: AAM-3, AGCM-4, NDSM, AFEM, GWOTSM, ICM-CS, NOPDR-2, ASR, OSR g. Performance Ratings: 11 December 2006 to 10 December 2007, Among The Best 11 December 2007 to 10 December 2008, Fully Capable 11 December 2008 to 1 May 2009, Fully Capable 2 May 2009 to 1 May 2010, Among The Best h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 21 August 2011, which shows the applicant was the subject of investigation for drunken driving. Traffic documents from the Georgia Department of Driver Services relating to the applicant's traffic violation. General Officer Memorandum of Reprimand which shows the applicant was reprimanded for operating a motor vehicle on Fort Gordon while under the influence of alcohol and having a breathalyzer test that resulted in a reading of .099 percent Breath Alcohol Content (exceeding the legal limit of .08 grams per 210 liters). i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 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 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 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 under honorable conditions discharge to general (under honorable conditions). The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. The applicant, in consultation with legal counsel voluntarily requested, in writing, a discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense, and he indicated he understood he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veterans' benefits. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. His record documents several acts of significant achievements; however, it appears it did not support the issuance of a general (under honorable conditions) discharge by the separation authority at the time of discharge. The applicant seeks relief contending that he never received any counseling or anything after his wife passed away. The applicant contends that his wife had been battling breast cancer since 2005 and she finally lost her battle on Memorial Day 2009 after fighting for four years. After she lost her battle he was assigned to Fort Gordon, GA in June of 2009. Once he in processed he was immediately told he would be deploying the following year. Upon hearing that he asked his First Sergeant if he could speak with the CSM because he felt as though he was not mentally or physically prepared for a deployment because he had just lost his wife and was a single father with three kids to raise. He was told by the CSM to suck it up in so many word, and to either go on the deployment or take a chapter. He stayed in Iraq for 10 months without any R&R because he was falsely accused of rape along with two other Soldiers, but the charges were dismissed because it was determined that the Soldier was lying but they were still demoted from Staff Sergeant to Sergeant because they supposedly partied with the Soldier, which was also not true. He contends he was already having a rough time in Iraq because they had lost 11 Soldiers in battle and his mind was totally screwed up because he was thinking he could be next and being demoted for no reason at all really put the icing on the cake. He started having suicidal thoughts because there he was a Soldier that had been in the Army 14 years and never been in any trouble, to get accused for something he didn't do and be demoted just like that. He and the two other Soldiers were sent back to the rear detachment at Fort Gordon two months before the unit because of their punishment. Once back at the rear he immediately started drinking to ease his pain because he was ready to take his life. He would drink at least three gallons a week because that's the only way he could cope with the hurt and pain. In September of 2011 he was stopped for a traffic violation and once the officer approached the car he immediately smelled the alcohol on his breath, which resulted in him giving a breathalyzer test which was over the .08 which was the limit; he was later discharged. The applicant's contentions were noted; however, while the applicant may believe his issues at home and work was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from the issues through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 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 17 May 2019, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service to include combat service, a prior period of honorable service, severe family matters, and the circumstances surrounding the discharge (i.e. in-service diagnosis of OBH). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General Under Honorable Conditions 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 AR20180007150 1