1. Applicant's Name: a. Application Date: 13 December 2019 b. Date Received: 31 December 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: a. Applicant's Requests and Issues: 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, that an upgrade of the discharge would be for the purpose of having access to the GI Bill Benefits. The applicant seeks relief contending that the request is justified because the applicant was discharged for a DUI charge and in court the charge was dropped to negligent driving, which is no more than a traffic ticket. The applicant served honorably and was never once in any type of trouble during the entire military career. The applicant excelled in the job and earned the rank of SSG/E-6 within five years of service. The applicant was a standout, trustworthy and reliable Soldier and served two combat tours in Iraq and Afghanistan in support of OIF/OEF, leading, training Soldiers and bringing them all back home safely. The applicant does not feel that one minor offense, being a traffic ticket should have taken away an honorable discharge. The applicant served and fought with pride and honor for this great nation and would do it again without hesitation. b. Board Type and Decision: In a records review conducted on 12 October 2022, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's PTSD mitigated the applicant's charge for DUI. 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. The Board determined the reentry eligibility (RE) code was proper and equitable and voted not to change it. 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 11 September 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 March 2015 (2) Basis for Separation: The applicant was informed of the following reasons: for having committed a serious offense for which the specific circumstances of the offense warrant separation and a punitive discharge was, or would be, authorized for the same or closely related offense under the MCM. Specifically, on 16 September 2014, he was operating a motor vehicle while under the influence of alcohol with a Breath Alcohol Content (BrAC) of 0.154 percent. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 18 March 2015, the applicant voluntarily waived consideration of the case by an administrative separation board contingent upon receiving an honorable discharge. On 30 April 2015, the applicant's chain of commanded recommended discharge with a characterization of service of general (under honorable conditions). (5) Administrative Separation Board: The separation authority having considered the applicant's request to waive consideration of the case by an administrative separation board contingent upon receiving an Honorable characterization of service. After careful consideration of all matters, the conditional waiver of the right to appear before an administrative separation board submitted by the applicant was disapproved. (6) Separation Decision Date / Characterization: On 24 July 2015, the separation authority having reviewed the separation packet, findings and recommendations of the Administrative Separation Board, and the completed Medical Evaluation Board on the applicant. In accordance with AR 635-200, paragraph 1-33(c) the separation authority find that the disability was not the cause, or substantial contributing cause, of the misconduct committed and no other circumstances warrant disability processing instead of alternate administrative separation. It was directed that the applicant's case is not processed through medical disability channels. It was directed that the applicant be discharged with a characterization of service of General (Under Honorable Conditions). 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 January 2011 / (Documents relating to extension of service were not found in the available record) b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 98 c. Highest Grade Achieved / MOS / Total Service: E-6 / 11C30, Indirect Fire Infantryman / 6 years, 11 months, 24 days d. Prior Service / Characterizations: RA, 18 September 2008 to 9 January 2011 / HD e. Overseas Service / Combat Service: SWA / Iraq (4 August 2009 to 22 July 2010) and Afghanistan (1 July 2011 to 19 April 2012) f. Awards and Decorations: ARCOM-2, AAM-2, AGCM, NDSM, MUC, VUA, ACM-2CS, GWOTSM, ICM-2CS, NCOPDR, ASR, OSR-3, NATOMDL, CIB g. Performance Ratings: 1 May 2012 to 30 April 2013, Fully Capable 1 May 2013 to 13 February 2014, Fully Capable 14 February 2014 to 13 February 2015, Marginal h. Disciplinary Action(s) / Evidentiary Record: Court documents from the District/Superior Court for the State of Alaska, refer to the applicant driving under the influence. Army Substance Abuse Program (ASAP) Enrollment dated 22 September 2014, refers to the applicant being command referred for a 16 September 2014 DUI arrest. General Officer Memorandum of Reprimand dated 11 February 2015, which indicates the applicant was reprimanded for driving under the influence of alcohol in Fairbanks, Alaska, on 16 September 2014. The applicant was reported as driving all over the road. The Jeep the applicant was driving drifted into the oncoming lane of traffic almost causing a head on collision as well as almost hitting a light post on the shoulder. Upon contact, the Alaska State Trooper noted the applicant to have an odor of alcohol. Subsequently, the applicant failed a series of Standardized Field Sobriety Tests and provided a breath sample resulting in a Breath Alcohol Content (BrAC) of .135 percent. Negative counseling statement dated 17 September 2014 for being arrested for driving under the influence. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 12 November 2014, indicates the applicant was diagnosed with an Axis I for Post-Traumatic Stress Disorder. It was noted that the applicant did not meet the psychiatric fitness standard of AR 40-501 due to a diagnosis of PTSD that had not responded sufficiently to treatment. The applicant required referral to the IDES for consideration for an MEB and was not eligible for administrative separation in accordance with AR 635-200 from a behavioral health perspective. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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) Paragraph 3-7c states Under other-than-honorable-conditions discharge is an administrative separation from the Service under conditions other than honorable and it may be issued for misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial based on certain circumstances or patterns of behavior or acts or omissions that constitute a significant departure from the conduct expected of Soldiers in the Army. (5) 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. (6) 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. (7) 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. e. 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 12c, misconduct (serious offense). f. Army Regulation 601-210, Regular Army and Reserve Components Enlistment Program governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the U.S. Army Reserve, and Army National Guard for enlistment per DODI 1304.26. It also prescribes the appointment, reassignment, management, and mobilization of Reserve Officers' Training Corps cadets under the Simultaneous Membership Program. Chapter 4 provides the criteria and procedures for waiverable and nonwaiverable separations. Table 3-1, defines reentry eligibility (RE) codes: RE-3 Applies to: Person who is not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waiverable. Eligibility: Ineligible unless a waiver is granted. 8. SUMMARY OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. The applicant requests an upgrade to honorable. The applicant's available Army Military Human Resource Record (AMHRR) of service, the issues and documents submitted with the application were carefully reviewed. Evidence in the AMHRR indicates the separation action was initiated against the applicant for operating a motor vehicle while under the influence of alcohol with a Breath Alcohol Content (BrAC) of 0.154 percent. The applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635- 200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)," and the separation code is "JKQ." The applicant seeks relief contending that an upgrade of the discharge would be for the purpose of having access to the GI Bill Benefits. The applicant seeks relief contending that the request is justified because the applicant was discharged for a DUI charge and in court the charge was dropped to negligent driving, which is no more than a traffic ticket. The applicant served honorably and was never once in any other type of trouble during the entire military career. The applicant excelled in the job and earned the rank of SSG/E-6 within five years of service. The applicant was a standout, trustworthy and reliable Soldier and served two combat tours in Iraq and Afghanistan in support of OIF/OEF, leading, training Soldiers and bringing them all back home safely. The applicant does not feel that one minor offense, being a traffic ticket should have taken away an honorable discharge. The applicant served and fought with pride and honor for this great nation and would do it again without hesitation. The applicant's service accomplishments and the quality of service prior to the incidents that caused the initiation of discharge proceeding were noted and the applicant is to be commended on the accomplishments. However, it should be noted separation action was initiated against the applicant for operating a motor vehicle while under the influence of alcohol with a Breath Alcohol Content (BrAC) of 0.154 percent. The applicant, as a noncommission officer, had the duty to support and abide by the Army alcohol policies. By operating a motor vehicle while under the influence of alcohol, constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's incident of misconduct adversely affected the quality of service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant expressed a desire for an upgrade for the purpose of having access to the GI Bill Benefits. However, 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. 9. BOARD DISCUSSION AND DETERMINATION: a. 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? Yes. The Board's Medical Advisor, a voting member, reviewed the applicant's DOD and VA health records, applicant's statement, and/or civilian provider documentation and found that the applicant has the following potentially mitigating diagnoses/experiences: PTSD. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found that the applicant was diagnosed with PTSD during military service and is 100% service-connected. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that the applicant has a mitigating BH condition, PTSD. As PTSD is associated with use of alcohol in excess to self- medicate painful emotional symptoms, there is a nexus between his diagnosis of PTSD and the applicant's arrest for DUI. (4) Does the condition or experience outweigh the discharge? Yes. The Board concurred with the opinion of the Board's Medical Advisor, a voting member. As a result, the ADRB applied liberal consideration and found that the applicant's PTSD outweighed the DUI arrest basis for separation. b. Response to Contentions: (1) The applicant seeks relief contending the DUI charge was dropped to negligent driving, which is no more than a traffic ticket, otherwise honorable service, obtaining the rank of SSG/E-6 within five years of service, and reflects on being a standout, trustworthy and reliable Soldier. The Board considered this contention and determined that adjudication in civilian courts is not indicative of characterization of service, as the applicant still committed the offense, whether it was finalized as such or not. However, after considering the totality of the applicant's service record, the Board voted that the applicant's PTSD mitigated, but did not fully excuse, the applicant's DUI charge and relief was warranted based on the self-medicating sequalae connecting PTSD and alcohol abuse. (2) The applicant expressed a desire for an upgrade for the purpose of having access to his GI Bill Benefits. The Board considered this contention and determined that eligibility for Veteran's benefits, to include educational benefits under the Post-9/11 or Montgomery GI Bill, healthcare or VA loans, do 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. c. The Board determined the discharge is inequitable based on the applicant's PTSD mitigating the applicant's charge for DUI. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD mitigated the applicant's misconduct of arrest for Driving Under the Influence. Thus, the prior characterization is no longer appropriate. (2) The Board voted to change the reason for discharge to Misconduct (Minor Infractions) as PTSD is associated with use of alcohol in excess to self-medicate painful emotional symptoms, there is a nexus between the applicant's PTSD and the DUI, thus the reason for discharge is no longer appropriate. The SPD code associated with the new reason for discharge is JKN. (3) The RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation, and the mitigating PTSD could also be service limiting. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Separation Order: Yes b. Change Characterization to: Honorable c. Change Reason / SPD code to: Misconduct (Minor Infractions) / JKN d. Change RE Code to: No Change e. Change Authority to: AR 635-200, paragraph 14-12a 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 N/A - Not applicable NCO - Noncommissioned Officer NIF - Not in File NOS - Not Otherwise Specified OAD - Ordered to Active Duty OBH (I) - Other Behavioral Health (Issues) OMPF - Official Military Personnel File PTSD - Post-Traumatic Stress Disorder RE - Re-entry 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 AR20200002492 1