1. Applicant's Name: a. Application Date: 10 July 2018 b. Date Received: 16 July 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, his discharge does not reflect who he is as a person and the sacrifices he and his family made. 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 MDD. The VA has also diagnosed the applicant with PTSD. The applicant is 70% service connected for combat related PTSD. 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 6 November 2020, 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 (service- connected PTSD diagnosis), 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 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 24 July 2015 c. Separation Facts: No (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 October 2012 / 4 years b. Age at Enlistment / Education / GT Score: 26 years / BS Degree / 103 c. Highest Grade Achieved / MOS / Total Service: E-5 / 42A10, Human Resources Specialist / 11B20, Infantryman / 7 years, 1 day d. Prior Service / Characterizations: RA, 24 July 2008 to 22 May 2009 / HD RA, 23 May 2009 to 30 September 2012 / HD e. Overseas Service / Combat Service: Germany / SWA / Afghanistan x2, 31 August 2009 to 2 September 2010 and 24 July 2011 to 27 April 2012 f. Awards and Decorations: ARCOM-4, AAM-3, AGCM-2, NDSM, ACM-3CS, GWOTSM, NOPDR, ASR, OSR-3, NATO MDL, CIB, VUA, MUA g. Performance Ratings: 1 November 2013 to 31 October 2014, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: An administrative General Officer Memorandum of Reprimand (GOMOR), On 2 May 2009, he was arrested for driving while impaired after being stopped for failing to maintain the limits of his lane. A breathalyzer test administered to his blood alcohol content to be .14 percent, which is over the legal limit authorized to operate a motor vehicle in the Stale of North Carolina on Fort Bragg. FG Article 15, dated 9 June 2015, for without authority, fail to go at the time prescribed to his appointed place of duty between (1 April 2015 and 30 April 2015); disrespectful in deportment toward SSG V.S., a noncommissioned officer, who was then in the execution of her office, by storming out of the office and slamming the door after she was finished talking to him (30 April 2015); having knowledge of a lawful order issued by SSG V.S., to come to the office with his short sleeve Army Service Uniform shirt so that it could be inspected, an order which it was his duty to obey, did fail to obey the same by coming into the office without his Army Service Uniform shirt (30 April 2015); having knowledge of a lawful order issued by General R.T.O., an order which it was his duty to obey, did fail to obey the same by wrongfully failing to shave his facial hair (6 May 2015); and without proper authority, through neglect damage a hallway exit sign, of a value of less than $500, military property of the United States, to be damaged by forcibly slamming the door upon exiting the building (30 April 2015); reduction to SPC / E-4, forfeiture of $1,225 pay (suspended), extra duty for 30 days and restriction for 30 days (suspended). The applicant received several negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and two support /character statements, Habitat for Humanity. 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant's available record of service, the issue 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 digital signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12b, by reason of pattern of misconduct, with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the DD Form 214 shows a Separation Code of JKA (i.e., pattern of misconduct), with a reentry eligibility (RE) code of 3. The applicant seeks relief contending, his discharge does not reflect who he is as a person and the sacrifices he and his family made. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The third party statements provided with the application speak highly of the applicant. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the 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. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 6 November 2020, 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 (service-connected PTSD diagnosis), 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 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 AR20180010844 1