1. Applicant's Name: a. Application Date: 16 April 2020 b. Date Received: 21 April 2020 c. Counsel: NA 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, he suffered from an undiagnosed, misdiagnosed, or untreated mental health condition and was discharged for reason related to this condition. His severe alcohol dependency was brought on by Special Forces Operations training and led to persistent anxiety disorder. He was enrolled in Substance Use Disorder Clinical Care (SUDCC) and suffered a relapse which led to a DUI. He is currently taking medication for anxiety and sleep. He received a 50-percent disability rating from VA while on active duty and it has been increased to 70-perecent. In a telephonic personal appearance conducted on 4 October 2021, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. Please see Section 10 for PA 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: 30 January 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 December 2017 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 19 August 2017, the applicant was arrested for driving under the influence with a BAC of .253 while on private property, in which the applicant also hit a retaining wall and the applicant recklessly and dangerously waived around a firearm scaring bystanders. (3) Recommended Characterization: General, (Under honorable Conditions) (4) Legal Consultation Date: 12 December 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 10 June 2018 / General, (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 July 2014 / 6 years b. Age at Enlistment / Education / GT Score: 31 / College Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-4 / 15F, Aircraft Electrician / 3 years, 6 months, 10 days d. Prior Service / Characterizations: None / None e. Overseas Service / Combat Service: None / None f. Awards and Decorations: AAM, AGCM, NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: State of Colorado Traffic Accident Report, dated 19 August 2017, reflects the applicant was charged with property damage, DUI, and prohibited use of a weapon. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: A Report of Mental Status Evaluation, dated 8 December 2017, reflects the applicant had an Axis I diagnosis of alcohol dependence by history. He was screened for PTSD, TBI. Sexual Assault, Depression and Substance Abuse. Based on the report and review of his electronic medical records, he did not suffer from a mental disease or defect of sufficient severity to warrant disposition through medical channels. He was mentally responsible for his behavior, could distinguish right from wrong and possessed sufficient mental capacity to participate intelligently in any proceedings deemed appropriate by Command. He was engaged in behavioral health and SUDCC treatment and it was recommended he continue as deemed appropriate by his treating providers. He was cleared administrative separation. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, Letter from VA Vocational Rehabilitation & Employment Intake Center, Colorado Springs Police Department Initial Case Report, Alcohol and Drug Safety Action Program completion letter from Charleston Center, Personal Statement, VA Progress Notes. 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) 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 14-12c, 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. 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 AMHRR record of service, the issues and documents submitted with the application were carefully reviewed. The applicant requests an upgrade to honorable. The applicant contends he suffered from an undiagnosed, misdiagnosed, or untreated mental health condition and was discharged for reason related to this condition. The applicant also contends his severe alcohol dependency was brought on by Special Forces Operations training and led to persistent anxiety disorder. He is currently taking medication for anxiety and sleep. The applicant further contends he was enrolled in SUDCC and suffered a relapse which led to a DUI. The applicant goes on to contend he received a 50-percent disability rating from VA while on active duty and it has been increased to 70-perecent. 9. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): N/A b. The applicant presented the following additional contention(s): Applicant provided oral argument and statements in support of the contentions provided in written submissions and in support of previously submitted documentary evidence. c. Counsel / Witness(es) / Observer(s): N/A 10. 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. The applicant held an in-service diagnosis of Adjustment Disorder and Alcohol Dependence. Post-service connected for Anxiety Disorder NOS. (2) Did the condition exist or experience occur during military service? Yes. The applicant held an in-service diagnosis of Adjustment Disorder and Alcohol Dependence. (3) Does the condition or experience actually excuse or mitigate the discharge? No. While the applicant has indicated anxiety started after Special Ops training, he could not provide a trauma/event or symptoms related to a trauma disorder. The providers determined he did not have PTSD. Moreover, in- and post-service providers have noted the applicant's anxiety related to marital and life stressors. Although liberal consideration was applied, the documentation does not support the applicant's misconduct was a product of anxiety. (4) Does the condition or experience outweigh the discharge? No. Despite the ADRB's application of liberal consideration, the Board concurred with the opinion of the Board's Medical Advisor, a voting member, that the applicant's non-medically mitigated offenses of property damage, DUI, and prohibited use of a weapon outweighed the applicant's Adjustment Disorder and Alcohol Dependence for the reasons listed in (3) above. As there was no provided documentation for the applicant's assertion of PTSD, the Board was unable to determine the validity of the claim. The applicant did not provide the burden of proof or medical documentation required for the Board's consideration. b. Response to Contention(s): (1) The applicant contends he suffered from an undiagnosed, misdiagnosed, or untreated mental health condition and was discharged for reason related to this condition. The applicant held an in-service diagnosis of Adjustment Disorder and Alcohol Dependence. Post- service connected for Anxiety Disorder NOS. Although liberal consideration was applied, documentation does not support the applicant's misconduct was a product of anxiety. As there was no provided documentation for the applicant's assertion of PTSD, the Board was unable to determine the validity of the claim. The applicant did not provide the burden of proof or medical documentation required for the Board's consideration. (2) The applicant also contends his severe alcohol dependency was brought on by Special Forces Operations training and led to persistent anxiety disorder. He is currently taking medication for anxiety and sleep. The applicant PCS'd to 160th SF Operations and suffered knee and shoulder and later PCS'd to Colorado. Although liberal consideration was applied, documentation does not support the applicant's misconduct was a product of anxiety. (3) The applicant further contends he was enrolled in SUDCC and suffered a relapse which led to a DUI. The applicant was engaged in behavioral health and SUDCC treatment and recommended to continue as deemed appropriate by the treating providers. The applicant was cleared for administrative separation. (4) The applicant goes on to contend he received a 50-percent disability rating from VA while on active duty and it has been increased to 70-perecent. The ADRB is not bound by U.S. Department of Veterans Affairs (VA) decisions, nor do VA decisions have any bearing on the decisions of the ADRB. Decisions reached by the VA to determine if former Servicemember's rate certain VA benefits do not affect previous discharge decisions made by the Department of the Army. The criteria used by the VA in determining whether a former Servicemember is eligible for benefits are different than that used by the Army when determining a member's discharge characterization. c. The Board determined the discharge is, at this time, proper and equitable, in light of the current evidence of record. The applicant has exhausted their appeal options available with ADRB. However, the applicant may apply to the Army Board for Correction of Military Records. The applicant is responsible for satisfying the burden of proof and providing documents or other evidence sufficient to support the applicant's contentions that the discharge was improper or inequitable. d. Rationale for Decision: (1) The Board voted not to change the applicant's characterization of service because, despite applying liberal consideration, the applicant's BH diagnoses of Adjustment Disorder, Alcohol Dependence, and Anxiety Disorder NOS did not mitigate the offenses of being arrested for driving under the influence, damage of private property from accident and recklessly and dangerously waiving around a firearm. The applicant did not supply sufficient independent corroborating evidence to support the contention of a PTSD diagnosis. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and provided the applicant with complete administrative due process. (2) The Board voted not to change the applicant's reason for discharge or accompanying SPD code under the same pretexts, and the reason the applicant was discharged was both proper and equitable. (3) The RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Separation Order: No b. Change Characterization to: No Change c. Change Reason / SPD Code to: No Change d. Change RE Code to: No Change e. Change Authority to: 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 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 AR20200007738 4