1. Applicant's Name: a. Application Date: 15 January 2019 b. Date Received: 22 January 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The current characterization of service for the period under review is General (Under Honorable Conditions). The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, he served almost five years and this was the only time he had ever been in trouble. He receives disability compensation for depression and substance abuse. He would like to attend school but cannot afford it. His disability and mental health issues struggles make it difficult to work. He wants to turn his life around for he and his family. In a records review conducted on 26 May 2021, and by a 3-2 vote, the Board denied the request upon finding the separation was both proper and equitable Please see Section 9 of this document for more detail regarding the Board's decision. (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: 19 March 2013 c. Separation Facts: NIF (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 25 February 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 March 2012 / 4 years b. Age at Enlistment / Education / GT Score: 21 / GED / 90 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91B10, Wheeled Vehicle Mechanic / 4 years, 8 months, 20 days d. Prior Service / Characterizations: ARNG, 30 June 2008 to 9 March 2009 / NA IADT, 10 March 2009 to 26 August 2009 / HD ARNG, 27 August 2009 to 27 August 2010 / HD RA, 28 April 2010 to 27 March 2012 / HD e. Overseas Service / Combat Service: Germany, Hawaii / None f. Awards and Decorations: AAM-2; NDSM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: An administrative General Officer Memorandum of Reprimand (GOMOR), dated 17 January 2013, reflects on 11 November 2012, he was stopped by a Honolulu Police Officer for driving his motorcycle-71 miles per hour in a 55 miles per hour zone. The police officer noticed an odor of alcohol emitting from his breath and administered a standardized field sobriety test which the applicant failed. His breath alcohol content at the time of his arrest was 0.198 percent, which was above the legal limit. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Letter, VA Summary of Benefits, dated 14 November 2018; reflects the applicant had a service connected disability and was granted a combined rating of 70 percent disabling. He is being compensated at the 100 percent rate because he is unemployable due to his service connected disabilities. He is totally and permanently disabled due to his service-connected disabilities. However, this document did not specify the nature of his service connected disabilities. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and a letter, VA Summary of Benefits (two pages). 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. STATUTORY, REGULATORY AND POLICY REFERENCE(S): a. Section 1553, Title 10, United States Code (Review of Discharge or Dismissal) provides for the creation, composition, and scope of review conducted by a Discharge Review Board(s) within established governing standards. As amended by Sections 521 and 525 of the National Defense Authorization Act for Fiscal Year 2020, 10 USC 1553 provides 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), Traumatic Brain Injury (TBI), sexual trauma, intimate partner violence (IPV), or spousal abuse, as a basis for discharge review. The amended guidance provides 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, sexual trauma, IPV, or spousal abuse, as a basis for the discharge. Further, the guidance provides that Military Boards for Correction of Military/Naval Records and Discharge Review Boards will develop and provide specialized training specific to sexual trauma, IPV, spousal abuse, as well as the various responses of individuals to trauma. b. Multiple Department of Defense Policy Guidance Memoranda published between 2014 and 2018. The documents are commonly referred to by the signatory authorities' last names (2014 Secretary of Defense Guidance [Hagel memo], 2016 Acting Principal Deputy Under Secretary of Defense for Personnel and Readiness [Carson memo], 2017 Official Performing the Duties of the Under Secretary of Defense for Personnel and Readiness [Kurta memo], and 2018 Under Secretary of Defense for Personnel and Readiness [Wilkie memo]. (1) Individually and collectively, these documents provide further clarification 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. (2) 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. c. Army Regulation 15-180 (Army Discharge Review Board), dated 25 September 2019, sets forth the policies and procedures under which the Army Discharge Review Board is authorized to review the character, reason, and authority of any Service member discharged from active military service within 15 years of the Service member's date of discharge. Additionally, it prescribes actions and composition of the Army Discharge Review Board under Public Law 95-126; Section 1553, Title 10 United States Code; and Department of Defense Directive 1332.41 and Instruction 1332.28. d. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. (1) Chapter 3, Section II provides the authorized types of characterization of service or description of separation. (2) Paragraph 3-7a states an Honorable discharge is a separation with honor and is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. (3) Paragraph 3-7b states a General discharge is a separation from the Army under honorable conditions and is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. (4) 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. (5) Paragraph 14-3, prescribes a discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record. (6) Paragraph 14-12c prescribes 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. e. 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, paragraph 12c, misconduct (serious offense). f. 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 Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. The applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's digital signature. This document identifies the reason and characterization of the discharge and IAW with DODI 1332.28 government regularity is presumed in the discharge process. The applicant contends he served almost five years and this was the only time he had ever been in trouble. The applicant contends he receives disability compensation for depression and substance abuse. The applicant contends he would like to attend school but cannot afford it. The applicant contends his disability and mental health issues struggles make it difficult to work. The applicant contends he wants to turn his life around for he and his family. 9. BOARD DISCUSSION AND DETERMINATION: a. As directed by the 2017 memo signed by A.M. Kurta, the board considered the following factors: (1) Did the applicant have a condition or experience that may excuse or mitigate the discharge? YES - The Board arrived at this finding based upon the ARBA medical advisor's review of the Armed Forces Health Longitudinal Technology Application (AHLTA) and Joint Legacy Viewer (JLV). The applicant did not hold an in-service diagnosis/es; a Chapter Mental Status Exam (MSE) and ASAP evaluation did not identify a behavioral health condition and records are void of behavioral health contact. Post-service, JLV reflects a service connected Major Depressive Disorder (MDD). However, the Compensation and Pension (C&P) exam is void for clarification. (2) Did the condition exist or experience occur during military service? NO- While the applicant is post-service connected for MDD, in-service evaluations did not identify/diagnose a behavioral health condition. Additionally, the applicant did not have contact with behavioral health until the administrative evaluation for separation. Moreover, the separation packet contains evaluations and counseling statements reflecting a high functioning, successful Soldier which does not align with individuals struggling with behavioral health symptoms and/or conditions. (3) Does the condition or experience actually excuse or mitigate the discharge? NO- While alcohol use can be associated with depression, the applicant reported a thought-out, conscious, and rationalized decision to drive after drinking. Moreover, in-service assessments did not result in a behavioral health diagnosis. Furthermore, the separation packet contains evaluations and counseling statements reflecting a high functioning, successful Soldier which does not align with individuals struggling with behavioral health symptoms and/or conditions. Although liberal consideration was applied, the applicant's post-service connected condition does not mitigate the basis for separation. (4) Does the condition or experience outweigh the discharge? The basis of separation is unknown- if the applicant's testimony, that he was discharged due to a DUI, then: NO- While alcohol use can be associated with depression, the applicant reported a thought-out, conscious, and rationalized decision to drive after drinking. Moreover, in-service assessments did not result in a behavioral health diagnosis. Furthermore, the separation packet contains evaluations and counseling statements reflecting a high functioning, successful Soldier which does not align with individuals struggling with behavioral health symptoms and/or conditions. Although liberal consideration was applied, the applicant's post-service connected condition does not mitigate the basis for separation. b. The ADRB determined that the applicant's characterization of service was proper and equitable based on the basis of separation was unknown as the applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. If the board assumed the basis of separation was the DUI resulting in a GOMOR in the applicant's record a majority of the board determined the misconduct of a DUI warrants a General (Under Honorable Conditions) discharge. c. Response to Contention he served almost five years and this was the only time he had ever been in trouble. This could not be substantiated because the specific facts and circumstances leading to the applicant's discharge are not contained in the available record. Moreover, the GOMOR dated 7 January 2013 resulting from a DUI after driving 71mph in a 55 mph zone with a BAC of .198 percent on 11 November 2012 is serious enough misconduct to warrant a General Discharge. Although a single 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 a single incident provides the basis for a characterization. d. He receives disability compensation for depression and substance abuse - as outlined in Section 9 a. of this document the applicant's depression does not mitigate his discharge. e. The applicant also contends he would like to attend school but cannot afford it. 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. f. The applicant additionally contends, his disability and mental health issues struggles make it difficult to work. The VA Summary of Benefits letter further shows he is being compensated at the 100 percent rate because he is unemployable due to his service connected disabilities. He is totally and permanently disabled and properly compensated due to his service-connected disabilities. g. The applicant wants to turn his life around for he and his family. This is not a matter upon which the Army Discharge Review Board grants a change in discharge because it does not raise a matter of fact, law, procedure, or discretion related to the discharge process, nor was it associated with the discharge at the time it was issued. h. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. i. The majority of the Board determined that the documentation contained in the AMHRR, as well as evidence submitted by the applicant, and the available medical evidence did not support a finding that the applicant's discharge was improper or inequitable. However, the applicant may request a personal appearance hearing to address the issues before the Board. The applicant is responsible for satisfying the burden of proof and providing documents or other evidence sufficient to support the applicant's contention(s) that the discharge was improper or inequitable. j. Rationale for Decision: (1) The board voted 3-2 not to change the applicant's characterization of service because the basis of separation is unknown; as the applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. If the board assumed the basis of separation was the DUI resulting in a GOMOR in the applicant's record a majority of the board determined the misconduct of a DUI warrants a General (Under Honorable Conditions) discharge. (2) The Board voted not to change the applicant's reason for discharge because, despite applying liberal consideration, there were no BH diagnoses which mitigated the misconduct and the reason the applicant was discharged was both proper and equitable. (3) Because the characterization and reason were not changed, the SPD/RE codes will not change. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / 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 AMHRR - Army Military Human Resource Record BCD - Bad Conduct Discharge BH - Behavioral Health CG - Company Grade Article 15 CID - Criminal Investigation Division ELS - Entry Level Status FG - Field Grade Article 15 GD - General Discharge HS - High School HD - Honorable Discharge IADT - Initial Active Duty Training MP - Military Police MST - Military Sexual Trauma NA - Not applicable NCO - Noncommissioned Officer NIF - Not in File NOS - Not Otherwise Specified OAD - Ordered to Active Duty OMPF - Official Military Personnel File PTSD - Post-Traumatic Stress Disorder RE - Reentry SCM - Summary Court Martial SPCM - Special Court Martial SPD - Separation Program Designator TBI - Traumatic Brain Injury UNC - Uncharacterized Discharge UOTHC - Under Other Than Honorable Conditions VA - Department of Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20190003105 6