1. Applicant's Name: a. Application Date: 21 May 2018 b. Date Received: 29 May 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, an upgrade would allow access to the GI Bill and further an education. An upgrade would also allow access to the rest of the military benefits, which affords the applicant the opportunity to purchase a house and provide a future for a family one day. 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 Alcohol Abuse, Adjustment Disorder, Dysthymia, Anxiety Disorder NOS, and Alcohol Dependence. The VA has diagnosed the applicant with Substance Induced Mood Disorder, Alcohol Abuse, and Cannabis Abuse. In summary, the applicant's BH diagnoses are not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 11 December 2019, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's length of service and the circumstances surrounding the discharge. 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: 15 April 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 March 2016 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 22 September 2014, he physically controlled a passenger vehicle, while the alcohol concentration of his breath was equal to or greater than .08 grams, the applicable level prohibited under Official Code of Georgia § 40-6-391; and, on or about 22 September 2014, he violated the Official Code of Georgia § 3-3-23( a)(2) by knowingly possessing an alcoholic beverage while he was under the age of 21. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 3 March 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 24 March 2015 / General (Under Honorable Conditions) / The separation authority suspended the applicant's separation for a period of 12 months. On 8 March 2016, the separation authority considered vacating the suspended separation because the applicant had an alcohol related incident of misconduct. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 June 2013 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 102 c. Highest Grade Achieved / MOS / Total Service: E-3 / 15P10, Aviation Operations Specialist / 2 years, 9 months, 22 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 22 September 2014, reflects the applicant was apprehended for: Failure to Maintain Lane (On Post); Driving Without Headlights (On Post); and, Drunken Driving (BAC .190) (On Post). FG Article 15, dated 23 October 2014, for physically controlling a vehicle while the alcohol concentration of his breath was equal to or greater than .08 grams (22 September 2014); knowingly possessed an alcoholic beverage in violation of the official code of Georgia (22 September 2014). The punishment consisted of a reduction to E-1; forfeiture of $765 pay per month for two months (suspended); extra duty and restriction for 45 days; and, oral reprimand. General Officer Memorandum Of Reprimand, undated, for on 22 September 2014, at Hunter Army Airfield, a Military Police officer observed the applicant operating a vehicle while intoxicated. On the date of the incident, he was 19-below the legal age to consume alcohol. His blood alcohol content was .190. Based on evidence, police cited him for drunken driving, driving without headlights, and failure to maintain his lane. Report of Mental Status Evaluation, dated 21 January 2015, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. i. Lost Time / Mode of Return: None 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. 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 that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, 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 applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 11 December 2019, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's length of service and the circumstances surrounding the discharge. 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 AR20180010231 1