1. Applicant's Name: a. Application Date: 28 March 2019 b. Date Received: 18 April 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, the applicant made mistakes in the last portion of service, believes those mistakes were largely the products of mental health and TBI issues from combat service and during a "stop loss" period. The applicant was 22 years old and had been to war. The applicant was suffering from mental health issues and TBI. The applicant desires to further schooling, better their life and family with the 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 Adjustment Disorder with depressed mood; Alcohol Dependence; Anxiety Disorder NOS: Depression; Epilepsy and recurrent seizures; Episodic Mood Disorders. The applicant is 60% service-connected from the VA. The VA has also diagnosed the applicant with Alcohol Dependence, history of TBI, Homelessness, Depression-Bipolar. In summary, the applicant does not have 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 19 August 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635- 200, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 19 December 2008 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 15 September 2008 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he received a Summary Court-Martial on 13 August 2008, for driving with a suspended license, violating a policy memorandum, providing alcohol to a minor, driving under the influence and wrongful possession of amphetamine. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 23 September 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 July 2004 / 4 years / Retained in service 144 days for the convenience of the Government per 10 USC 121305. b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / 121 c. Highest Grade Achieved / MOS / Total Service: E-4 / 19D10, Cavalry Scout / 4 years, 3 months, 23 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / SWA / Iraq, 17 November 2005 to 17 November 2006 f. Awards and Decorations: AAM-4, AGCM, NDSM, ICM-CS, GWOTSM, ASR, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 3 May 2008, relates the applicant was under investigation drunken driving, transporting an open container of alcohol, drinking underage without permission, minor in consumption, wrongful possession of a controlled substance, driving while privileges are suspended, cancelled or revoked, carrying a concealed weapon, and larceny of private property (prescription medication), on post. An administrative General Officer Memorandum of Reprimand (GOMOR), dated 8 May 2013, for driving under the influence of alcohol on 3 May 2008. A breath test on the intoxilyzer 5000, resulted in in a BAC of.151. Of note, by the applicant's admission in the evidence of record he had three DUIs in the past four years. A Charge Sheet dated 17 July 2008, with charges listed in paragraph 4h above. Summary Court-Martial, dated 13 August 2008, the applicant was found guilty of the following offenses: failure to obey a lawful general regulation, by driving with a suspended license (3 May 2008); having knowledge of a lawful order issued by COL N.R.J., an order which it was his duly obey, did, fail to obey the same by wrongfully operating a motor vehicle within eight hours of consuming alcohol (3 May 2008); having knowledge of a lawful order issued by COL N.R.J., an order which it was his duly obey, did, fail to obey the same by wrongfully providing alcohol to a minor (3 May 2008); physically control a vehicle, a passenger car while drunk (3 May 2008); and wrongfully possessed eight Amphetamine pills, a controlled substance (3 May 2008). He was sentenced to be reduced to PVT / E-1, forfeiture of $898 pay for one month and to be confined for one month. FG Article 15, dated 15 October 2008, for wrongful previous over indulgence in intoxicating liquor or drugs incapacitated for the proper performance of his duties (29 September 2008); and drunk and disorderly which conduct was of a nature to bring discredit upon the armed forces (28 September 2008); forfeiture of $673 pay for two months, extra duty and restriction for 30 days and an oral reprimand. FG Article 15, dated 12 December 2008, for disorderly which conduct was of a nature to bring discredit upon the armed forces (26 November 2008); forfeiture of $673 pay for two months, extra duty and restriction for 45 days. The applicant received several negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: Military confinement for 28 days, 13 August 2008 to 10 September 2008 j. Diagnosed PTSD / TBI / Behavioral Health: VA Rating decision, dated 12 January 2017, revealed the applicant was service connected for a major depressive disorder with anxious distress. He was granted an evaluation of 50 percent disabling. Also residuals of TBI, to include memory loss, light sensitivity, blurred vision, balance disruption, fatigue and cognitive disorder was not service related. Headache disorder, to include residuals of TBI, was not service connected, not incurred or caused by service; and PTSD was not service connected, no diagnosis. These conditions were originally denied on 11 July 2016. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); two DD Forms 214; statement of issues; support statement; VA document; VA Rating Decision (two pages); and a letter, Dane County Veterans Service Office. 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. Paragraph 14-12c(2) terms abuse of illegal drugs as serious misconduct. It continues; however, by recognizing relevant facts may mitigate the nature of the offense. Therefore, a single drug abuse offense may be combined with one or more minor disciplinary infractions or incidents of other misconduct and processed for separation under paragraph 14-12a or 14-12b as appropriate. 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. 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 the characterization of service from general (under honorable conditions) 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, by violating the Army's policy not to possess or use illegal drugs, compromised the trust and confidence placed in a Soldier. The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies. By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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, he made mistakes in the last portion of his service, he believe those mistakes were largely the products of mental health and TBI issues from combat service and during a "stop loss" period; and he was suffering from mental health issues and TBI. The applicant submitted a VA rating decision which shows that the applicant was service connected for a major depressive disorder with anxious distress. He was granted an evaluation of 50 percent disabling. The same document revealed that any residuals of TBI, to include memory loss, light sensitivity, blurred vision, balance disruption, fatigue and cognitive disorder was not service related. Headache disorder, to include residuals of TBI, was not service connected, not incurred or caused by service; and PTSD was not service connected, no diagnosis. The applicant further contends, he was 22 years old and had been to war. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant desires to further his schooling, better himself and his family with the GI Bill. 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 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 19 August 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New 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 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 AR20190006839 3