1. Applicant's Name: a. Application Date: 20 July 2019 b. Date Received: 31 July 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, served two tours in Afghanistan and first enlistment was honorable. The applicant reenlisted and after second deployment, received a Driving Under the Influence (DUI). Before the DUI, he had never been in trouble in the Army. The applicant states, he is a decorated veteran with a disability rating of 80 percent. Seventy percent of his disability is for PTSD and he believes was the cause for his excessive drinking. He believes he has paid for his actions in many ways and believes he deserves an upgrade now that he has learned of different ways to cope with PTSD. The applicant states, he is trying to inform his fellow vets of how to do the same so they do not choose the same method to cope. 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; Alcohol Abuse; Cannabis Abuse; Cannabis Dependence; Persistent Insomnia. The applicant is 80% service-connected from the VA. The VA has also diagnosed the applicant with PTSD. In summary, the applicant has a BH diagnosis that is partially mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 26 August 2020, and by a 5-0 vote, the Board determined that the discharge was improper. Based on the applicant's combat service, the circumstances surrounding the discharge (in service diagnosis of OBH, and service-connected PTSD diagnosis), and prior period of honorable service, the proper discharge and separation procedures were not followed in this case. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable, 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: 21 August 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 August 2014 (2) Basis for Separation: The applicant was informed of the following reasons: On 26 June 2014, he drove under the influence of alcohol and he drove with a suspended license. On 23 June 2014, he disrespected a Noncommissioned Officer. On 15 May 2014, he failed to go to his appointed place of duty. On 12 May 2014, he failed to go to his appointed place of duty on two different occasions. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 11 August 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 12 August 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 October 2013 / 4 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-4 / 42A10, F5 Human Resources / 4 years, 2 months, 20 days d. Prior Service / Characterizations: RA, 2 June 2010 - 17 October 2013 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (11 December 2010 - 10 December 2011 / 26 December 2012 - 26 September 2013) f. Awards and Decorations: ACM-2CS, AGCM, NDSM, GWOTSM, ASR, OSR-2, NATOMDL, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 13 February 2014, reflects the applicant was apprehended for: Civil Charge: MVA/VEH-OBJ/None-Injury (Alcohol) (Off Post); Civil Charge: Negligent Driving 1ST Degree (Alcohol) (Off Post). CG Article 15, dated 29 May 2014, for failing to go at the time prescribed to his appointed place of duty on three occasions (between 12 and 15 May 2014). The punishment consisted of extra for 14 days. CID Report of Investigation - Initial Final, dated 31 July 2014, reflects an investigation established probable cause to believe the applicant committed the offense of Wrongful Use of a Controlled Substance when he consumed marijuana, then subsequently tested positive during a UUI conducted on 24 June 2014. The applicant admitted he had consumed marijuana since October 2013. The applicant stated last time he consumed marijuana was 19 July 2014, while he was enrolled in ASAP. General Officer Memorandum Of Reprimand, dated 12 August 2014, for being apprehended by Washington State Police on 25 June 2014, for suspicion of driving under the influence of alcohol. Prior to the arrest, the applicant was observed weaving back and forth between lands. He took a Standardized Field Sobriety Test, which shoed impairment. The applicant then submitted to a breath test, which revealed an alcohol content of .083 grams of alcohol per 210 liters of breath. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 23 July 2014, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with: Adjustment Disorder with Anxiety, Chronic (non-boardable). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293. 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. 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 that he had good service which included two combat tours. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The applicant contends he deserves an upgrade because he was diagnosed post service with PTSD. The fact the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. Further, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record reflects that on 23 July 2014, the applicant underwent a mental status evaluation which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong as indicated by the mental status evaluation. 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 26 August 2020, and by a 5-0 vote, the Board determined that the discharge was improper. Based on the applicant's combat service, the circumstances surrounding the discharge (in service diagnosis of OBH, and service-connected PTSD diagnosis), and prior period of honorable service, the proper discharge and separation procedures were not followed in this case. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable, 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 AR20190011948 5