1. Applicant's Name: a. Application Date: 5 November 2018 b. Date Received: 21 November 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 was inequitable because it was based on an isolated incident during 5 years, 10 months of service with no other adverse action. The administrative separation board's decision was to retain the applicant; however, the new brigade commander approved the discharge. There were other NCOs in the unit awaiting discharge for similar offenses and they were retained. The applicant looked to the chain of command for help prior to the incident and the advice was to suck it up. 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 Alcohol Dependence and Anxiety. The applicant is 70% service-connected; 30% for Generalized Anxiety Disorder. In summary, the applicant's BH diagnosis is not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 13 April 2020, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, homelessness, the circumstances surrounding the discharge (i.e. post- service diagnosis of OBHI), 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: 30 January 2017 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 29 September 2016 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he wrongfully operated a motor vehicle while intoxicated (12 June 2016). (3) Recommended Characterization: The unit commander recommended a General (Under Honorable Conditions) discharge. The intermediate commander recommended an Honorable discharge. (4) Legal Consultation Date: 29 September 2016, the applicant requested consideration of his case by an administrative separation board. (5) Administrative Separation Board: On 15 November 2016, the applicant was notified to appear before an administrative separation board and advised of his rights. On 18 December 2016, the administrative separation board convened. The applicant appeared with counsel. The board recommended the applicant be separated from active Service with a general (under honorable conditions) discharge. The board also recommended the discharge be suspended for a period up to 12 months per AR 635-200, paragraph 1-18. The separation authority approved the findings and recommendations of the administrative separation board and directed the applicant's discharge with a characterization of service of general (under honorable conditions). (6) Separation Decision Date / Characterization: 13 December 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 November 2017 / 3 years b. Age at Enlistment / Education / GT Score: 29 years / GED Certificate / 97 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B20, Infantryman / 7 years, 5 months, 6 days d. Prior Service / Characterizations: RA, 25 August 2009 to 5 October 2011 / HD RA, 6 October 2011 to 30 October 2014 / HD RA, 31 October 2014 to 16 November 2017 / HD e. Overseas Service / Combat Service: Korea / SWA / Iraq, 7 November 2010 to 14 November 2011 f. Awards and Decorations: ARCOM, AAM-3, AGCM-2, NDSM, ICM-CS, GWOTEM, GWOTSM, ASR, OSR-2 g. Performance Ratings: 1 October 2015 to 30 September 2016, Not Qualified h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 18 July 2002, revealed the applicant had an Axis I diagnosis of alcohol abuse, moderate (per ASAP). He could understand and participate in the proceedings and was mentally responsible. He was screened for PTSD and TBI. These conditions were either not present or, if present, did not meet AR 40-501 criteria for a medical evaluation board. He cleared for administrative processing from a behavioral health perspective. The applicant received several negative counseling statements regarding his driving under the influence. 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): 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 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 documented pattern of misconduct, 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 was inequitable because it was based on an isolated incident during 5 years, 10 months of service with no other adverse action. Although an isolated incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by an isolated incident provides the basis for a characterization of service. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant further contends, his administrative separation board's decision was to retain the applicant; however, the new brigade commander approved his discharge; and he looked to his chain of command for help prior to the incident and the advice was to suck it up. 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 applicant also contends, there were other NCOs in his unit awaiting discharge for similar offenses and they were retained. The method in which another Soldier's case was handled is not relevant to the applicant's case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. 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 13 April 2020, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, homelessness, the circumstances surrounding the discharge (i.e. post-service diagnosis of OBHI), 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 AR20180016645 1