1. Applicant's Name: a. Application Date: 18 September 2018 b. Date Received: 21 September 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, the discharge characterization was inequitable because it was based on an isolated incident in 36 months of service with no other adverse action. The applicant was the distinguished graduate of the AIT class and received three certificate of achievements, Army Achievement Medal and Army Good Conduct Medal. The discharge was also improper because there was an error in the process that was not addressed at the time, based upon the wording of the chapter, there was an error and violated regulations. 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. The applicant is 70% service-connected for Anxiety Disorder from the VA. The VA has also diagnosed the applicant with Alcohol Use Disorder and Anxiety NOS. 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 29 January 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (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: 30 January 2018 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 11 December 2017 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he was arrested for driving under the influence with a BAC of .253 while on private property, in which he also hit a retaining wall with his vehicle (19 August 2017); and he was also recklessly and dangerously waving around a firearm scaring bystanders. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 12 December 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 10 June 2018 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 July 2014 / 6 years b. Age at Enlistment / Education / GT Score: 31 years / College Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-4 / 15F10, Aircraft Electrician / 3 years, 6 months, 10 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, AGCM, NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 8 December 2017, revealed the applicant had an Axis I diagnosis of alcohol dependence by history. He was screened for PTS D, TBI. Sexual Assault, Depression and Substance Abuse. Based on the report and review of his electronic medical records, he does not suffer from a mental disease or defect of sufficient severity to warrant disposition through medical channels. He was mentally responsible for his behavior, could distinguish right from wrong and possessed sufficient mental capacity to participate intelligently in any proceedings deemed appropriate by Command. He was engaged in behavioral health and SUDCC treatment and it was recommended he continue as deemed appropriate by his treating providers. He was cleared administrative separation. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages). 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): 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 the characterization of service from general (under honorable conditions) to honorable. The applicant's record of service and the issues 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. By the misconduct (serious offense), the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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, his discharge characterization was inequitable because it was based on an isolated incident in 36 months of service with no other adverse action. However, the service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. The applicant further contends, he was distinguished graduate of his AIT class; three certificate of achievements, Army Achievement Medal and Army Good Conduct Medal. 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. The applicant also contends, his discharge was improper, there was an error in the process that was not addressed at the time, based upon the wording of the chapter, there was an error and violated regulations. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. 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 29 January 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change 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 AR20180013842 1