1. Applicant's Name: a. Application Date: 24 October 2018 b. Date Received: 29 October 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, that the applicant and wife had marital problems and they were in a car accident and she passed away from the injuries. The applicant was unconscious for two weeks and has no memory of that day but was told that the applicant had three drinks in eight hours' time. The assumption was that the applicant was drunk. The applicant is missing the top part of the skull and the fact the applicant lived is a miracle. The applicant lived knowing that the wife did not and will never be the same kid that argued with the wife. The applicant hopes to find a way to live with what happened and do something to help others. 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 with depressed mood, Alcohol Use Disorder, and TBI. The VA has diagnosed the applicant with Major Depressive Disorder, TBI, PTSD, and Anxiety Disorder. 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 22 April 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 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 12 March 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 December 2017 (2) Basis for Separation: The applicant was informed of the following reasons: having operated a motor vehicle after consuming alcohol, and causing said vehicle to roll over causing the death of Elizabeth Mora, and serious injury to V.M. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: On 3 January 2018, the applicant waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service no less favorable than under honorable conditions - otherwise referred to as a General discharge. On 4 January 2018, the applicant waived consideration of his case by an administrative separation board contingent upon his receiving a characterization of service or description of separation no less favorable than general (under honorable conditions). On 28 February 2018, the applicant waived consideration of his case by an administrative separation board contingent upon receiving a characterization of service no less favorable than under honorable conditions - otherwise referred to as a General discharge. (5) Administrative Separation Board: None (6) Separation Decision Date / Characterization: On 2 March 2018, the separation authority after reviewing the proposed separation of the applicant under the provisions of Army Regulation 635-200, paragraph 14-12c, directed that the separation of the applicant with a characterization of service of General (Under Honorable Conditions). 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 October 2015 / 2 years (The applicant's enlistment was extended 4 months 9 February 2016, giving him a new ETS date of 7 February 2018); documents extending his enlistment to his date of discharge were not found in the available record. b. Age at Enlistment / Education / GT Score: 25 / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-4 / 19K10, M1 Armor Crewman / 5 years, 5 months, 3 days d. Prior Service / Characterizations: RA, 10 October 2012 to 7 October 2015 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: ARCOM, AAM, AGCM, NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Indictment documents reference the State of Texas vs the applicant for Murder and Injury Child/Elderly/Disabled Reckless BI/Mental. Incident/ Investigation Report (including crash report). Negative counseling statement reference chapter 14-12c discharge. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 23 May 2017, indicates the applicant received a Behavioral Health (BH) diagnoses for Adjustment Disorder with Depressed Mood. The applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. The applicant was fit for full duty and worldwide deployable from a psychiatric perspective. The applicant was cleared for chapter from a MSE, BH perspective (Chapter 14-12c). 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. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. 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 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 he and his wife had marital problems and they were in a car accident and she passed away from her injuries. The applicant contends that he was unconscious for two weeks and has no memory of that day but he was told that he had three drinks in eight hours' time. The assumption was that he was drunk. He is missing the top part of his skull and the fact he lived is a miracle. He lived knowing that his wife did not and he will never be the same kid that argued with his wife. He hopes to find a way to live with what happened and do something to help others. The applicant's contentions were noted; however, 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 and the circumstances surrounding the discharge. 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 22 April 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 AR20180015575 5