1. Applicant's Name: a. Application Date: 28 March 2019 b. Date Received: 19 April 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 to honorable. The applicant seeks relief contending, in effect, alcoholism was a key factor in the misconduct that led to his discharge. The applicant states he had a severe alcohol problem while he was stationed in Korea. He was punished on multiple occasions and was enrolled in the Army Substance Abuse Program (ASAP). The applicant believes he needed more help than the ASAP program offered. The applicant further states he has been sober since 2 May 2017 and he works helping other addicts and alcoholics find the same solutions he found. In a records review conducted on 21 July 2021, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's 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), with a corresponding separation code of JKN. 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: Pattern of Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 27 December 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 October 2013 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant had two alcohol related incidents within a year; on or about 3 January 2013, the applicant wrongfully consumed alcohol while underage and became indebted to the Seoul Smart Taxi Company in the sum of $30.00 and failed to pay said debt; on or about 25 January 2013, the applicant disobeyed a lawful order by wrongfully leaving post without permission; and on or about 8 September 2013, the applicant was found off post during curfew hours and was wrongfully drinking underage. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 16 October 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 13 June 2013 / General, under honorable conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 February 2012 / 5 years, 36 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 108 c. Highest Grade Achieved / MOS / Total Service: E-3 / 25B, IT Specialist / 1 year, 10 months, 21 days d. Prior Service / Characterizations: NA e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 25 February 2013, reflects the applicant violated a lawful general regulation on or about 3 January 2013, by wrongfully consuming alcohol while underage; disobeyed a lawful order on or about 25 January 2013, by wrongfully leaving post without permission; disobeying a lawful order on or about 26 January 2013, by wrongfully leaving post without permission; disobeying a lawful order on or about 27 January 2013, by wrongfully leaving post without permission; and being indebted to Seoul Smart Taxi Company in the sum of $30.00 and dishonorably failing to pay. The punishment consisted of reduction to private/E-1; forfeiture of $758.00 pay per month for 2 months; and extra duty and restriction for 45 days. An Army Substance Abuse Program (ASAP) Enrollment Form, dated 8 September 2013, reflects the applicant's commander referred the applicant to the ASAP for a comprehensive assessment to determine whether or not the applicant met the criteria for enrollment. A Military Police Report, dated 8 September 2013, reflect the applicant failed to obey a General Order by violating curfew; failure to identify; and underage drinking. A Report of Mental Status Evaluation, dated 18 September 2013, reflects the applicant was found to be fit for duty and could understand and participate in administrative proceedings. The applicant was psychologically cleared for any administrative action. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, Letters of Support-2 A 6. POST SERVICE ACCOMPLISHMENTS: The applicant states he has been sober since 2 May 2017 and he works helping other addicts and alcoholics find the same solutions he found. 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 Servicemember discharged from active military service within 15 years of the Servicemember'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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant requests an upgrade to honorable. The record confirms the applicant's discharge was appropriate because the quality of the 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 pattern of misconduct, the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. The applicant contends alcoholism was a key factor in the misconduct that led to his discharge and he needed more help than the ASAP program offered. An Army Substance Abuse Program (ASAP) Enrollment Form, dated 8 September 2013, reflects the applicant's commander referred the applicant to the ASAP for a comprehensive assessment to determine whether or not the applicant met the criteria for enrollment. The AMHRR establishes the fact the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems. 9. BOARD DISCUSSION AND DETERMINATION: 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? (NO) The Board's Medical Advisor reviewed all available medical records and found no BH diagnoses on the applicant. The applicant provided no documents that, when applying liberal consideration, convinced the Board of a possible mitigating BH condition. (2) Did the condition exist or experience occur during military service? (N/A) (3) Does the condition or experience actually excuse or mitigate the discharge? (N/A) (4) Does the condition or experience outweigh the discharge? (N/A) b. The applicant contends alcoholism was a key factor in the misconduct that led to his discharge and he needed more help than the ASAP program offered. An Army Substance Abuse Program (ASAP) Enrollment Form, dated 8 September 2013, reflects the applicant's commander referred the applicant to the ASAP for a comprehensive assessment to determine whether or not the applicant met the criteria for enrollment. The AMHRR establishes the fact the applicant was properly counseled and afforded a reasonable opportunity to overcome his problems. c. The Board determined the discharge is inequitable based on the applicant's post-service accomplishments, and granted the requested relief. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because of the applicant's post-service accomplishments. Thus the prior characterization is no longer appropriate. (2) The Board voted to change the reason for discharge to Misconduct (Minor Infractions) because of the applicant's post-service work with other addicts and alcoholics. Thus the reason for discharge is no longer appropriate. (3) The SPD code associated with the new reason for discharge is 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 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 AR20190005296 4