1. Applicant's Name: a. Application Date: 12 April 2018 b. Date Received: 5 October 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests that the general (under honorable conditions) discharge, narrative reason for discharge, and reentry eligibility (RE) code be corrected. The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant seeks relief contending, in effect, that all charges were dismissed by the US District Court Judge. 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 Dependence, Bereavement, Major Depressive Disorder, and Nicotine Dependence. The applicant is 70% service-connected for PTSD from the VA. In summary, the applicant had 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 August 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 diagnosis of PTSD), 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: 22 December 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 September 2017 (2) Basis for Separation: The applicant was informed of the following reason: for refusing to take an intoximeter when a reasonable belief existed he was driving under the influence, which was a violation of Tennessee Law on 26 February 2017. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 29 September 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 5 December 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 March 2016 / 6 years b. Age at Enlistment / Education / GT Score: 35 / 14 years / 97 c. Highest Grade Achieved / MOS / Total Service: E-5 / 92F20, Petroleum Supply Specialist / 8 years, 11 months, 9 days d. Prior Service / Characterizations: RA, 14 January 2009 to 8 November 2011 / HD RA, 9 November 2011 to 17 March 2016 / HD e. Overseas Service / Combat Service: Korea, SWA / Iraq (8 July 2011 to 31 December 2011) Kuwait (1 January 2012 to 27 June 2012) f. Awards and Decorations: ARCOM, AAM-5, AGCM-2, NDSM, GWOTEM, GWOTSM, KDSM, ICM-CS, NOPDR, ASR, OSR g. Performance Ratings: 1 March 2016 to 28 February 2017, Not Qualified 1 March 2017 to 22 December 2017, Not Qualified h. Disciplinary Action(s) / Evidentiary Record: Blotter Report which shows the applicant was the subject of investigation for driving under the influence, disorderly conduct, implied consent violation, and failure to obey traffic control device. General Officer Administrative Reprimand, dated 8 March 2017, for his reprehensible conduct of refusing to take a lawfully requested test to measure the alcohol content of his breath when a reasonable belief existed he was driving under the influence of alcohol. Counseling statements reference separation and driving under the influence. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 21 June 2017, shows the applicant was evaluated for PTSD, Depression, TBI, and Substance Misuse, screenings and correlating evaluation were completed and were all found to be negative. The applicant had no medical/behavioral health conditions that required an MEB and was able to fully participate in the administrative separation process. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 in lieu of DD Form 293 and a letter from the U.S. District Court, Fort Campbell, Kentucky 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 that his general (under honorable conditions) discharge, narrative reason for discharge, and reentry eligibility (RE) code be corrected. The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of 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 all charges were dismissed by the US District Court Judge . The independent document submitted by the applicant showing that the charges against him had been dismissed was noted. However, it was noted that during the course of trial prep, it was discovered that the Military Policeman (MP) that cited the applicant for his offenses had ETS's from the Military. A prosecutorial decision was made to not bring the MP back to testify against the applicant. Therefore, because the MP was the principal witness needed to prove his guilt, the prosecutor recommended that the charges be dismissed. However, Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be separated when initially convicted by civil authorities, or when action is taken that is tantamount to a finding of guilty, if a punitive discharge authorized for the same or a closely related offense under the Manual for Courts Martial. 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 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 August 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 diagnosis of PTSD), 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 AR20180014865 3