1. Applicant's Name: a. Application Date: 15 February 2019 b. Date Received: 19 February 2019 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, would like an upgrade of discharge for the purpose of employment. The applicant is trying to continue serving the country thru contracting overseas. The applicant has been taking the medications, staying out of trouble and trying to better oneself. The applicant has been trying hard to find jobs due to the character of service but still doing what the applicant can and continuing an education. 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 anxiety and depressed mood, Chronic PTSD, Major Depression, and mTBI. The applicant is 60% service-connected; 30% for PTSD from the VA. In summary, the applicant's BH diagnosis is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 13 May 2020, 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 OBHI and PTSD), combat wounded, 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: 17 December 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 August 2014 (2) Basis for Separation: The applicant was informed of the following reasons: for being arrested for driving while intoxicated on 21 September 2013, with a Blood Alcohol Content of .166%, Failing to obey a lawful order by wrongfully driving his motorcycle without completing the Basic Riders Course; Failing to obey a lawful order by wrongfully not executing a written motorcycle safety contract agreement with his commander; and Failing to obey a lawful order by wrongfully driving his motorcycle without having a valid motorcycle license or motorcycle endorsement. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: The applicant requested consideration of his case by an administrative separation board. (5) Administrative Separation Board: On 3 October 2014, the applicant appeared before the administrative separation board. The board found that the allegation in the notice of separation that the applicant was driving while intoxicated on 21 September 2013 with a blood alcohol content in excess of 15% was supported by a preponderance of the evidence; That the allegation that the applicant violated a lawful order by wrongfully driving his motorcycle without completing the required Basic Riders Course was supported by a preponderance of the evidence; That the allegation that the applicant violated a lawful order by wrongfully failing to execute a written motorcycle safety contract agreement with his commander was supported by a preponderance of the evidence; and That the allegation that the applicant violated a lawful order by wrongfully driving his motorcycle without having a valid motorcycle license or motorcycle endorsement was supported by a preponderance of the evidence. Based on the above finding of fact, the Board recommended that the applicant be eliminated from the service and that his characterization of service be general (under honorable conditions) (6) Separation Decision Date / Characterization: On 2 December 2014 the separation authority approved the recommendation of the separation board and directed that the applicant be separated with a characterization of service of General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 March 2013 / 2 years b. Age at Enlistment / Education / GT Score: 27 / GED / 91 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B10, Infantryman / 9 years, 6 months, 22 days d. Prior Service / Characterizations: RA, 26 May 2005 to 12 February 2008 / HD RA, 13 February 2008 to 7 March 2013 / HD e. Overseas Service / Combat Service: Germany, SWA / Iraq (10 August 2007 to 28 October 2008 and 20 August 2009 to 1 August 2010) and Afghanistan (1 October 2011 to 17 July 2012) f. Awards and Decorations: PH, ARCOM-4, AAM, MUC, AGCM, ACM-CS, ICM-2CS, NDSM, GWOTSM, ASR, OSR-3, NATOMDL, CIB g. Performance Ratings: 1 June 2011 to 31 December 2011, Fully Capable I January 2012 to 31 December 2012, Fully Capable 1 January 2013 to 31 December 2013, Fully Capable 1 January 2014 to 30 July 2014, Marginal h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 3 August 2011, which indicates the applicant was the subject of investigation for driving while intoxicated, possession of cocaine, and having an outstanding traffic warrant. General Officer Letter of Reprimand, dated 18 January 2012, for driving while intoxicated on 3 August 2011 with a blood alcohol content of .114 percent. Texas State Court documents, with a failing dated of 18 August 2011, which show the applicant was convicted of driving while intoxicated on 12 September 2012. Texas State Court documents, with a failing dated of 9 October 2013, which show the applicant was convicted of driving while intoxicated on 14 April 2014. FG Article 15, dated 30 July 2014, for disobeying a lawful order by MG S.B.M, by wrongfully driving his motorcycle without completing the Basic Riders Course, wrongfully not executing a written motorcycle safety contract agreement with is commander, and driving his motorcycle without having a valid motorcycle license or motorcycle endorsement, on 25 June 2014. The punishment consisted of reduction to E-4, forfeiture of $1,213.00 pay per month for two months (suspended), extra duty for 45 days, and oral reprimand. Several negative counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 214 for the period of service under review. 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 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 would like an upgrade of his discharge for the purpose of employment. The applicant contends that he is trying to continue serving his country thru contracting overseas. He has been tacking his medications, staying out of trouble and trying to better himself. He has been trying hard to find jobs due to his character of service but still doing what he can and continuing his education. The applicant's post-service accomplishments were noted; however, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 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 May 2020, 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 OBHI and PTSD), combat wounded, 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 AR20190003401 1