1. Applicant's Name: a. Application Date: 7 January 2019 b. Date Received: 31 January 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, he believes he deserves an honorable discharge from the Army and wants to use his GI Bill to go to college and better his life for him and his family. The reason he joined the Army was to serve, support and defend the country. The applicant states, in his eyes he believes he did what was expected of him as an enlisted Soldier. He received waivers to every rank that he was promoted to during his time of service. The applicant believes his deployment to Afghanistan changed his life and the things he did and saw has changed him as a person and has affected in many ways. The applicant cannot be in large crowds and becomes very anxious and paranoid. He suffers from insomnia and has not been able to sleep the same and always wakes up with night terrors. The applicant states, he has a short fuse and finds himself easily angered and has had a hard time controlling his temper, which has led to some violence. He started abusing alcohol to try to help him sleep and help with his issues, which it helped numb him of all his pain and fears at first. After a while, he became angrier and more violent and alcohol was no longer able to help him with his issues, but only made them worse. The applicant found himself in jail many times and it even cost him his military career. Since his discharge, it only became worse and he continued down the dark path and continued drinking and fighting and landing himself in jail. Now he is in the veteran's court getting help for his issues and is no longer drinking. The applicant goes to AA and receives anger management and he is also on a breathalyzer, which has honestly helped him quit abusing alcohol. Today, he is sober and is trying to right his wrongs and get his life back on the right path. The applicant still suffers from insomnia and anger issues and is doing his best to work through with professional help. The applicant states, he has accepted he is not and will never be the same person he was before his deployment and he is trying to get back on track. He has made many mistakes and is reminded by loved ones and his friends about his anger problems. His personal goal is to complete the veteran's program and once he is finished, he would like to go to college. The applicant requests the chance to right his wrongs and grant him an upgrade so he can go to college and use his GI Bill. 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 Abuse; Alcohol Disorders; Partner Relational Problem; Sleep Disturbances. The applicant is 70% service- connected from the VA. The VA has also diagnosed the applicant with PTSD; Intermittent Explosive Disorder; Cannabis Use Disorder, severe. In summary, the applicant has 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 11 September 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (in-service diagnosis of OBH, and service-connected PTSD diagnosis), 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: 24 February 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 January 2015 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 1 January 2015, he operated a motor vehicle with a blood alcohol content in excess of the legal limit. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 28 January 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 February 2013 / 6 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 88 c. Highest Grade Achieved / MOS / Total Service: E-4 / 13B10, Cannon Crewmember / 4 years, 18 days d. Prior Service / Characterizations: RA, 7 February 2011 - 15 February 2013 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (7 January 2013 - 28 July 2013) f. Awards and Decorations: ACM-2CS, AAM, NDSM, GWOTSM, ASR, NATOMDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum Of Reprimand, dated 27 January 2015, for driving while impaired. On 2 January 2015, he was in a single vehicle accident near the intersection of Lake Valley Drive and Skibo Road. When police arrived at the scene, they suspected he was under the influence of alcohol and he was arrested after he performed poorly on a field sobriety test. They subsequently administered a breathalyzer test, which showed a blood alcohol content of .14 percent. His actions were unacceptable and would not be tolerated. Commander's Report, undated, reflects the applicant received a CG Article 15, dated 18 June 2014, for two violations of Article 86, UCMJ. The punishment consisted of a reduction to E-3 (suspended); forfeiture of $474 pay (suspended); extra duty for 14 days; restriction for 14 days (suspended); and, an oral reprimand. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; self-authored statement. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, he is in the veteran's court getting help for his issues and is no longer drinking. The applicant goes to AA and receives anger management, is sober and is trying to right his wrongs and get his life back on the right path. 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 after his combat deployment he changed and his behavior was affected, which led to his discharge. However, the service record contains no evidence of disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 11 September 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (in-service diagnosis of OBH, and service-connected PTSD diagnosis), 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 AR20190002095 1