1. Applicant's Name: a. Application Date: 8 November 2018 b. Date Received: 13 November 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, while on active duty, was exposed to stressors that caused the applicant to later be diagnosed with post-traumatic stress disorder (PTSD) by a VA medical provider. The applicant's alcohol related issues, while on active duty, resulted from dealing with PTSD related issues. The applicant served in the Army for nine years as a Military Police Officer and was discharged for an incident that happened while driving intoxicated. In 2016, a chapter review board was held where the applicant was represented by Captain W. During the chapter proceedings, Captain W submitted several documents in evidence that reflected the applicant was injured by a VBIED, while serving in Afghanistan. The applicant had spent several years receiving treatment in the TBI clinic at Fort Bliss, as a result of his Afghanistan deployment. The applicant was also treated for TBI and migraines, at Fort Campbell and has since been diagnosed with PTSD through the VA. Since deployment, the applicant has had many physical and mental health issues and has not been the same person that the applicant was prior to deployment to Afghanistan. The applicant has been prescribed different medications over the years, but nothing seemed to help, which led the applicant to self-medicate by drinking heavily to forget the memories and to help sleep. The applicant has a history of alcoholism, which led to being arrested for driving while intoxicated in Texas. This incident was not in the military record, but only after a NCIC check by law enforcement, made it known. Captain W objected and submitted evidence that the board could not consider this incident in determining the characterization of service in accordance with the governing regulation. The applicant was questioned by the chapter board regarding the 2009 incident, which led Captain W and the applicant to believe the incident was considered against the applicant for characterization of service. The applicant had made mistakes in life that the applicant is not proud of, but the discharge has been a heavy burden. The applicant loved serving the country and being in the Army and had an outstanding military record. Since discharge, the applicant has not been in trouble with law enforcement and currently receives treatment through the VA for PTSD and has been evaluated for TBI. 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 Post-Traumatic Headache and Alcohol Use Disorder. The applicant is 80% service-connected; 50% for PTSD from the VA. The VA has also diagnosed the applicant with Sleep Apnea, migraine headache, and PTSD. 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 16 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. in-service and post- service diagnoses of PTSD and TBI), a prior period of honorable service, and post-service accomplishments. 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 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 14 December 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 May 2016 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 21 February 2016, he physically controlled a vehicle while impaired by alcohol. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 26 May 2016 (5) Administrative Separation Board: On 7 September 2016, the administrative separation board convened and the applicant appeared with counsel. The board recommended the applicant's discharge with characterization of service of general (under honorable conditions). 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: undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 December 2015 / 4 years b. Age at Enlistment / Education / GT Score: 30 / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-5 / 31B20, Military Police / 9 years, 3 months, 10 days d. Prior Service / Characterizations: RA, 5 September 2007 - 25 October 2011 / HD RA, 26 October 2011 - 6 November 2014 / HD RA, 7 November 2014 - 27 December 2015 / HD e. Overseas Service / Combat Service: Korea, SWA / Afghanistan (7 August 2010 - 6 August 2011) f. Awards and Decorations: ACM-CS, ARCOM, AAM-3, NATOMDL, AGCM-2, NDSM, GWOTSM, KDSM, ASR, OSR-2 g. Performance Ratings: 1 November 2014 - 31 October 2015 / Among The Best h. Disciplinary Action(s) / Evidentiary Record: Service School Academic Evaluation Report, dated 22 February 2016, reflects the applicant was dismissed from the Military Police Advanced Leader Course, for disciplinary reasons. Law Enforcement Report - Final, dated 10 March 2016, reflects an investigation found that the applicant committed the offense of: Driving While Intoxicated; Driving with an Excessive BAC; and, Exceed Speed Limit. General Officer Memorandum Of Reprimand, dated 13 April 2016, reflects the applicant was reprimanded for driving a motor vehicle on 21 February 2016, in the state of Missouri with a blood alcohol content of .081 percent, in violation of Missouri law, his second alcohol-related incident. On 18 February 2009, he was charged with Driving While Intoxicated in the state of Texas. In addition, he was dismissed from the Military Police Advanced Leaders Course due to a flag being initiated because of the infraction on 21 February 2016. Report of Mental Status Evaluation, dated 11 May 2016, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of his VA disability rating decision, dated 3 June 2017, which reflects the applicant was rated 50 percent disability for PTSD to include Major Depression Disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; self-authored statement; VA Rating Decision. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, he has not been in trouble with law enforcement and currently receives treatment through the VA for PTSD and has been evaluated for TBI. 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 that 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 contends an incident, which was not in his military records, was used in determining his characterization of service. 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. The applicant contends the VA has granted him a service connected disability for PTSD to include Major Depression Disorder. However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record reflects that on 11 May 2016, the applicant underwent a mental status evaluation which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong as indicated by the mental status evaluation. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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 16 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. in-service and post-service diagnoses of PTSD and TBI), a prior period of honorable service, and post-service accomplishments. 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 AR20190000067 1