1. Applicant's Name: a. Application Date: 4 October 2018 b. Date Received: 9 October 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, that after returning from Afghanistan due to multiple stressors, the applicant used alcohol to cope which resulted in receiving a DUI. The applicant contends that since that incident, the applicant has become a good Soldier. Upon review of the records it will be seen that the behavior was out of character. It should be noted; although the applicant is requesting an upgrade of characterization of service from an under other than honorable conditions to honorable, evidence in the record (the separation authorities approval memorandum) shows the applicant discharge was approved with a characterization of service of general (under honorable conditions). Therefore, based on the applicant's request and the evidence found in the record it appears the applicant's request should be considered based on an upgrade from general (under honorable conditions) to an honorable discharge. 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, Partner Relational Problem, and Depression. The applicant is 60% service- connected from the VA. The VA has diagnosed the applicant with PTSD. In summary, although the applicant had a BH diagnosis, it is not migrating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 26 July 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 24, contains an erroneous entry. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 24, character of service to general under honorable conditions (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 / Under Other Than Honorable Conditions b. Date of Discharge: 13 August 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 June 2010 (2) Basis for Separation: The applicant was informed of the following reason: for operating a motor vehicle with a child passenger while under the influence of alcohol on 29 August 2009 (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 9 June 2010 (5) Administrative Separation Board: On 11 June 2010, the applicant requested consideration of his case by an administrative separation board. On 16 July 2010, the applicant voluntarily waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service no less favorable than general (under honorable conditions). (6) Separation Decision Date / Characterization: 23 July 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 June 2005 / 5 years b. Age at Enlistment / Education / GT Score: 27 / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91D10, Power-Generation Equipment Operator / 11 years, 9 months, 9 days (The DD Form 214 under review does not account for the 4 years the applicant served in the Marine Corp). d. Prior Service / Characterizations: RA, 5 November 2002 to 2 June 2005 / HD USMC, 12 November 1996 to 11 November 2000 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (3 July 2008 to 25 June 2009) f. Awards and Decorations: ARCOM-2, AAM, AGCM-3, NDSM, AFEM, ACM-2CS, GWOTSM, NPDR, ASR, OSR, NSSDR, NATOMDL g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Alcohol Incident Report. Military Police Report, dated 14 September 2009, which shows the applicant was the subject of investigation for driving while intoxicated, failing to control speed, and traffic accident. United States District Court Division court document. Report of Mental Status Evaluation, dated 7 May 2010, which shows the applicant was mentally responsible, able to distinguish right from wrong and to adhere to the right and had the mental capacity to understand and participate in administrative proceedings. 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 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 under other than honorable conditions discharge to honorable. However, although the applicant is requesting an upgrade of his characterization of service from under other than honorable conditions to honorable, evidence in the record (the separation authorities approval memorandum) shows the applicant discharge was approved with a characterization of service of general (under honorable conditions). 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 applicant seeks relief contending that after returning from Afghanistan due to multiple stressors, he used alcohol to cope, which resulted in him receiving a DUI. He contends that since that incident he has become a good Soldier. Upon review of his records it till be seen that his behavior was not his character. The applicant's contentions were noted; the applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered and the applicant is to be commended on his accomplishment. However, it appears this service was determined not to be sufficiently mitigating to warrant an honorable characterization of service at the time of discharge as shown by the incident of misconduct. Also, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. 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. Further, notwithstanding the propriety of the applicant's discharge, the record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as "Under Other Than Honorable Conditions." In view of this clerical error, it appears an administrative change should be made to block 24, character of service to read "General (Under Honorable Conditions)," as was approved by the separation authority. 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 26 July 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 24, contains an erroneous entry. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 24, character of service to general under honorable conditions 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 AR20180013813 1