1. Applicant's Name: a. Application Date: 30 April 2018 b. Date Received: 6 June 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and a change to narrative reason for discharge. The applicant seeks relief contending, in effect, would like an upgrade of discharge for the purpose of being able to attend schools and get employment. The applicant contends that it has been hard finding or getting a job with the current characterization of service and that the applicant has been turned down for jobs/grants. 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, Alcohol Abuse, Alcohol Use Disorder, Mood Disorder, and mTBI. The applicant is 90% service- connected; 50% for PTSD and 10% for TBI from the VA. In summary, the applicant has 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 5 December 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. post- service diagnoses of PTSD and TBI), and a 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, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 2 March 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 October 2015 (2) Basis for Separation: The applicant was informed of the following reason: for operating a vehicle while intoxicated (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 19 October 2015, the applicant voluntarily waived consideration of his case by an administrative separation board contingent upon receiving an Honorable characterization of service. On 6 November 2015, the applicant's case was referred to an administrative separation board. (5) Administrative Separation Board: On 14 December 2015, the applicant appeared before the administrative separation board with legal counsel. The Board found that the applicant's action did qualify as a commission of a serious offense under the provisions of AR 635-200, Chapter 14, paragraph 14-12c, the applicant did wrongfully operate a vehicle while intoxicated. The board recommended that the applicant be separated from the service and issued a general (under honorable conditions) discharge and that it be executed immediately. (6) Separation Decision Date / Characterization: 21 December 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 November 2013 / 3 years b. Age at Enlistment / Education / GT Score: 25 / 1 Year College / 106 c. Highest Grade Achieved / MOS / Total Service: E-5 / 13F2P, Fire Support Specialist / 2 March 2016 d. Prior Service / Characterizations: RA, 27 January 2009 to 6 November 2013 / HD e. Overseas Service / Combat Service: Alaska, SWA / Afghanistan (13 August 2010 to 14 August 2011 and 6 May 2013 to 31 December 2013) f. Awards and Decorations: ARCOM-2, AAM-3, AGCM-2, ACM-2CS, NDSM, GWOTSM, ASR, OSR-2, NATOMDL, CAB g. Performance Ratings: 1 February 2013 to 31 January 2014 / Among The Best 1 February 2014 to 12 June 2014 / Among The Best 13 June 2014 to 11 June 2015 / Among The Best h. Disciplinary Action(s) / Evidentiary Record: Court/View/Justice Solutions against the applicant Law Enforcement Report, dated 3 August 2015, which shows the applicant was the subject of investigation for driving under the influence. Anchorage Police Department Police Report, showing the applicant was the subject of investigation for driving under the influence General Officer Memorandum of Reprimand, dated 8 October 2015, showing the applicant was reprimanded for operating a vehicle under the influence of alcohol in Anchorage, Alaska, on 19 July 2015. The applicant admitted to consuming alcohol prior to operating his vehicle. Subsequently, he failed a series of Standardized Field Sobriety Tests and provided a breath sample resulting in a Breath Alcohol Content (BAC) of .222 percent. Summary of Rehabilitation Efforts for the applicant, dated 26 October 2015. Report of Mental Status Evaluation, dated 23 September 2015, shows that the applicant could understand and participated in administrative proceedings and could appreciated the differences between right and wrong. The applicant was psychiatrically cleared for separation under Chapter 14-12c. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NA 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (serious offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a change to his narrative reason for discharge. 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 evidence of record shows the applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)," and the separation code is "JKQ." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The appropriate RE code is 3. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending that he would like an upgrade of his discharge for the purpose of being able to attend schools and get employment. The applicant contends that it has been hard finding or getting a job with his current characterization of service and that he has been turned down for jobs/grants. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 5 December 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. post-service diagnoses of PTSD and TBI), and a 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 AR20180009519 1