1. Applicant's Name: a. Application Date: 16 August 2019 b. Date Received: 19 August 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, during his medical board proceedings for PTSD and TBI, he receive a DUI. The board was terminated and he was discharged. He received an evaluation of 100 percent disability, while 70 percent was for PTSD. 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 PTSD. The applicant is 70% service-connected from the VA. The VA has also diagnosed the applicant with Alcohol Dependence, MDD, Borderline Personality Disorder. In summary, the applicant has 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 28 August 2020, and by a 4-1 vote, the Board determined that the discharge was improper. Based on the applicant's quality of service, to include combat service, the circumstances surrounding the discharge (service-connected TBI/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, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 9 December 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 February 2014 (2) Basis for Separation: The applicant was informed of the following reasons: On 29 October 2013, the applicant was drunk on duty. Additionally, on 18 November 2013, the applicant was disrespectful in language to 1SG T.R. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 19 February 2013 (5) Administrative Separation Board: 28 April 2014, General (Under Honorable Conditions) (6) Separation Decision Date / Characterization: 18 November 2014 / General (Under Honorable Conditions) (The GCMCA indicated that on 20 May 2014, upon considering the separation action against the applicant and the results of a Medical Evaluation Board, he determined the applicant's medical condition was a direct or substantial contributing cause of his misconduct; accordingly, the GCMCA directed the applicant's retention for medical processing based on compelling reasons. However, because the applicant continued to engage in additional serious misconduct, namely: adultery on 2 June 2014; two DUI incidents (18 June 2014 and 18 August 2014); and two private property damage incidents (8 April 2014 and 18 July 2014), the GCMCA found that the compelling reasons no longer existed for retention and medical processing.) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 December 2008 / 6 years b. Age at Enlistment / Education / GT Score: 26 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-5 / 92A10, Automated Logistical Specialist / 15 years, 8 months, 10 days d. Prior Service / Characterizations: ARNG (30 March 1999 to 15 December 2004) / NA OIF MOB (16 December 2004 to 14 February 2006) / HD ARNG (15 February 2006 to 24 July 2007) / HD RA (25 July 2007 to 29 December 2008) / HD e. Overseas Service / Combat Service: SWA / Iraq (28 January 2005 to 19 December 2006), Afghanistan (24 March 2008 to 27 March 2009) f. Awards and Decorations: AAM; NDSM; ACAM-2CS; ICM-2CS; ARCOM-2; AAM-4; AGCM-2; GWOTSM; NCOPDR; ASR; OSR-2; ARCOTR; AFRM-M DEV; NATO MDL; CAB g. Performance Ratings: 2 September 2011 thru 19 December 2013, RFC, Marginal h. Disciplinary Action(s) / Evidentiary Record: Counseling statements for being arrested for destruction of personal property; being found drunk on duty; and failing APFTs. FG Article 15 and its allied documents, dated 19 December 2013, for being disrespectful in language towards 1SG T.R. on 18 November 2013, and being found drunk on duty on 29 October 2013. The punishment consisted of a reduction to E-4 and 45 days of extra duty. Report of Mental Status Evaluation, dated 16 January 2014, reflects an "AXIS I" diagnoses of "Posttraumatic Stress Disorder, Major Depressive Disorder, Alcohol Dependence (per AHLTA)." Administrative Separation Board summarized proceedings, and findings and recommendations reflect that the board that convened on 28 April 2014, found the applicant was disrespectful in language towards 1SG T.R. and recommended his separation with a general (under honorable conditions) characterization of service. FG Article 15, dated 12 May 2014, for willfully and wrongfully damaging a car window on 8 April 2014. The punishment consisted of a reduction to E-3 and 45 days of extra duty. CG Article 15, dated 11 August 2014, for willfully and wrongfully damaging a vehicle on 18 July 2014. The punishment consisted of a reduction to E-2 (suspended) and 14 days of extra duty. General Officer Memorandum of Reprimand and its associated documents, dated 12 August 2014, indicates the applicant was reprimanded for driving under the influence of alcohol on 16 June 2014. Record of Supplementary Action under Article 15, UCMJ, dated 10 September 2014, vacated the suspended punishment of a reduction to E-2 imposed on 11 August 2014, based on the applicant physically operating a passenger car, while drunk on 18 August 2014. General Officer Memorandum of Reprimand, dated 16 September 2014, indicates the applicant was reprimanded for driving under the influence of alcohol on 18 August 2014. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 18 November 2018, indicates the applicant and examiner noted behavioral health issues and treatment for "major depression, suicide attempts, severe anxiety, and PTSD." Applicant's documentary evidence: VA letter, dated 22 February 2016, indicates the applicant was granted 40 percent evaluation for TBI with migraine headaches and high sensitivity, and 70 percent for PTSD, Major Depressive Disorder and Alcohol Disorder in Remission. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 16 August 2019; DD Form 214; VA letter, dated 22 February 2016; 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. 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 14-12c, Misconduct (Serious Offense). 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. 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 available record of service, and 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. By the serious incidents of misconduct, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the Army. 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's contentions regarding his behavioral health issues which involved having PTSD and TBI, were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues along with notable service-connected post-traumatic stress disorder symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. The separation authority considered the medical evidence, and determined that because of additional continued misconduct, the medical condition was no longer a direct or substantial contributing cause of his misconduct. The Board is not bound by the separation authority's finding in that regard, and can review that determination. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. 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 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 28 August 2020, and by a 4-1 vote, the Board determined that the discharge was improper. Based on the applicant's quality of service, to include combat service, the circumstances surrounding the discharge (service-connected TBI/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 AR20190012125 6