1. Applicant's Name: a. Application Date: 7 May 2018 b. Date Received: 10 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, that he admits that he was driving and it's been the biggest mistake of his career. However, he tried everything to stay in by proving to his chain of command that he was worth keeping. He contends that his case was dismissed due to MP with too many cases; he never lied and accepted what he did was wrong and unprofessional. He would now like to see if his discharge can be overturn due to his case being dismissed. 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 mixed anxiety and depression; Adjustment Insomnia; Alcohol Dependence; Sleep Disorder, unspecified. The applicant is not service-connected from the VA. 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 23 September 2020, and by a 3-2 vote, the Board determined the discharge is inequitable based on the applicant's length of service and prior period of honorable service. 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: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 4 May 2018 c. Separation Facts: Documents submitted by the applicant (1) Date of Notification of Intent to Separate: 9 February 2018 (2) Basis for Separation: The applicant was informed of the following reason: for operating a motor vehicle while under the influence of alcohol on 30 October 2017 and violating a lawful general order by drinking alcohol under the age of 21. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: None (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 October 2016 / 3 years, 2 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 89 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92Y10, Unit Supply Specialist / 3 years, 2 months, 22 days d. Prior Service / Characterizations: USAR, 13 February 2015 to 27 July 2015 / NA ADT, 28 July 2015 to 11 December 2015 / HD USAR, 12 December 2015 to 30 October 2016 / NA (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand, dated 2 December 2017, which indicates the applicant was reprimanded for driving under the influence of alcohol. The reprimand was based upon a Fort Irwin Military Police Report, which cited the applicant for driving under the influence (DUI) and underage drinking. The applicant was arrested for DUI and ministered a breathalyzer which revealed he had a blood alcohol concentration of .11 percent. Additionally, at the time of the incident he was twenty (20) years old and not of legal age to consume alcohol. Alcohol and Drug Treatment for the applicant dated 1 March 2018 from the Substance Abuse Disorder Care Clinic (SUDCC). Negative counseling for driving under the influence and underage drinking. U.S. Army Criminal Investigation Command Report, dated 20 May 2020, making reference to the applicant being a subject of investigation for failure to obey general order (underage drinking, DUI with BAC of 0.08 percent or greater, and driving under the influence-without personal injury. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 in lieu of DD Form 293; letter from his Federal Public Defender, dated 23 February 2018; partial separation file to include character statements; and DD Form 214 for the period of service under review. 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. 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 complete 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 and partial documents submitted by the applicant indicate the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12, by reason of Misconduct (Serious Offense) for operating a motor vehicle while under the influence of alcohol and violating a lawful general order by drinking alcohol under the age of 21; with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, it appears 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 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 he admits that he was driving and it's been the biggest mistake of his career. However, he tried everything to stay in by proving to his chain of command that he was worth keeping. He contends that his case was dismissed due to MP with too many cases; he never lied and accepted what he did was wrong and unprofessional. He would now like to see if his discharge can be overturn due to his case being dismissed. The applicant contentions were 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 will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the complete 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. It should be noted; documents submitted by the applicant indicated he committed discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. 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 23 September 2020, and by a 3-2 vote, the Board determined the discharge is inequitable based on the applicant's length of service and prior period of honorable service. 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 AR20180008289 1