1. Applicant's Name: a. Application Date: 25 July 2022 b. Date Received: 15 August 2022 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 for the first 14 years of service the applicant was the epitome of the perfect Soldier and noncommissioned officer. The applicant last deployment and being moved across country from the applicant's spouse (an SSG) combined with PTSD and TBI contributed to the applicant being arrested for two DUI's but was not convicted of. The applicant is very proud of what has been accomplished in the Army and would like for the character of service to match. b. Board Type and Decision: In a telephonic records review conducted on 10 April 2023, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's PTSD/TBI outweighing the basis for separation - two instances of DUI and failing to obey a lawful general order. 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, and the reentry code to RE-3. Please see Section 10 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 / Chapter 14-12c / JKQ / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 23 November 2021 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 August 2021 (2) Basis for Separation: The applicant was informed of the following reasons: for driving while under the influence of alcohol on 20 December 2020, failing to obey a lawful general order on 20 December 2020, and driving while under the influence of alcohol on 11 April 2021. (3) Recommended Characterization: Under Other Than Honorable Conditions; it should be noted the intermediate and senior intermediate commanders recommended that the applicant be discharged with a general (under honorable conditions) and honorable characterization of service (4) Legal Consultation Date: On 1 September 2021, the applicant voluntarily waived consideration of the case by an administrative separation board contingent upon receiving a characterization of service or description of separation no less favorable than general (under honorable conditions). (5) Administrative Separation Board: On 1 September 2021, the applicant voluntarily waived consideration of the case by an administrative separation board. (6) Separation Decision Date / Characterization: 5 October 2021/ General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 June 2016 / Indefinite b. Age at Enlistment / Education / GT Score: 29 / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-7 / 25W4S, Telecom Ops Chief / 15 years, 6 months, 15 days d. Prior Service / Characterizations: RA, 9 May 2006 to 18 November 2009 / HD RA, 19 November 2009 to 17 July 2011 / HD RA, 18 July 2011 to 7 June 2016 / HD e. Overseas Service / Combat Service: Germany, Philippines, SWA / Afghanistan (27 July 2019 to 6 February 2020 f. Awards and Decorations: BSM, ARCOM-4, AAM-2, AAM-C Device, ASUA, AGCM-4, NDSM, GWOTEM, GWOTSM, ACM-CS, NOPDR-3, ASR, OSR, NATOMDL, CAB g. Performance Ratings: 15 May 2016 to 14 December 2016, Highly Qualified 31 December 2016 to 30 December 2017, Highly Qualified 31 December 2017 to 30 December 2018, Highly Qualified 31 December 2018 to 30 December 2019, Highly Qualified 31 December 2019 to 15 July 2020, Highly Qualified 16 July 2020 to 1 June 2021, Not Qualified h. Disciplinary Action(s) / Evidentiary Record: Field Grade / General Officer Memorandum of Reprimand dated 25 January 2021 for driving under the influence of alcohol and for failing to obey 3d Infantry Division General Oder Number 1 dated (14 December 2020) by going to an off-limits establishment. On 29 December 2020, the applicant admitted to law enforcement of having visited a Hooter's bar and restaurant prior to returning home. In doing so, the applicant carelessly failed to take the necessary precautions required to limit the spread of COVID-19 others despite receiving a clear guidance to the contrary from the chain of command. The applicant was pulled over by Georgia State Patrol for speeding 89 mph in a 70-mph zone. Upon approaching the vehicle, the officer notice that the applicant's eyes were bloodshot and watery, and that the speech was slurred. When asked if the applicant had anything to drink the applicant said, "I had a couple of drinks at Hooter's in Macon". The applicant was apprehended and taken to county jail and provided a breath sample that registered a .134 BAC. General Officer Memorandum of Reprimand dated 16 June 2021 for driving under the influence of alcohol and for failing to obey a police officer's lawful request to conduct a test to measure the alcohol content of the applicant's breath. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): See Below (1) Applicant provided: None (2) AMHRR Listed: Report of Mental Status Evaluation, dated 17 June 2021, indicates the applicant met behavioral health medical retentions standards IAW AR 40-501. The applicant could understand and participate in administrative proceedings and appreciate the difference between right and wrong. The applicant did not appear to have any significant behavioral health conditions that would preclude an admin separation. However, the applicant appeared to be highly functioning and insightful about his past behaviors. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; several NCO Evaluation Reports while serving in the rank of Staff Sergeant and Sergeant First Class; and DD Form 214 for the period of service under review. 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. 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. RE-4 Applies to: Person separated from last period of service with a nonwaiverable disqualification. This includes anyone with a DA imposed bar to reenlistment in effect at time of separation or separated for any reason (except length of service retirement) with 18 or more years active Federal service. Eligibility: Ineligible for enlistment. 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 Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. Evidence in the AMHRR indicates separation action was initiated against the applicant for driving while under the influence of alcohol and failing to obey a lawful general order on 20 December 2020 and driving a second time while under the influence of alcohol on 11 April 2021. The applicant seeks relief contending that for the first 14 years of service he was the epitome of the perfect Soldier and noncommissioned officer. The applicant is very proud of what he has accomplished in the Army and would like for the character of service to match. The applicant's service accomplishments and the quality of the applicant service will be considered by the board according to the DODI 1332.28. The applicant contends the last deployment and being moved across country from the applicant's spouse (an SSG) combined with PTSD and TBI contributed to the applicant being arrested for two DUI's but was not convicted of. The Report of Mental Status Evaluation dated 17 June 2021, in the AMHRR indicates the applicant met behavioral health medical retentions standards IAW AR 40-501. The applicant could understand and participate in administrative proceedings and appreciate the difference between right and wrong. The applicant did not appear to have any significant behavioral health conditions that would preclude an admin separation. However, the applicant appeared to be highly functioning and insightful about his past behaviors. Although the applicant contends, PTSD and TBI contributed to the applicant being arrested for two DUI's; the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis, and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. 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, applicant's statement, and/or civilian provider documentation and found that the applicant has the following potentially-mitigating diagnoses/experiences: PTSD and TBI. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found that the diagnosis of PTSD was made while applicant was on active duty. VA service connection for PTSD and Traumatic Brain Disease establishes that these conditions occurred while applicant was on active duty. (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 two mitigating BH conditions, PTSD and TBI. As there is an association between PTSD/TBI and self-medication with alcohol, there is a nexus between the diagnoses of PTSD/TBI and the two arrests for DUI and related instance of failing to obey lawful order. (4) Does the condition or experience outweigh the discharge? Yes. After applying liberal consideration to the evidence, including the Board Medical Advisor opine, the Board determined that the applicant's PTSD/TBI outweighed the basis for separation - two instances of DUI, and failing to obey a lawful general order - for the aforementioned reasons. b. Response to Contention(s): (1) The applicant seeks relief contending being a good soldier, and the instances of misconduct were isolated incidents in an otherwise exemplary career. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's PTSD/TBI outweighing the basis for separation. (2) The applicant contends family issues combined with PTSD and TBI contributed to the applicant being arrested for the two DUI's that the applicant was ultimately not convicted of. The Board found validity in this contention and determined the discharge was inequitable based on the applicant's PTSD/TBI outweighing the basis for separation. c. The Board determined the discharge is inequitable based on the applicant's PTSD/TBI outweighing the basis for separation - two instances of DUI and failing to obey a lawful general order - thus, warranting relief. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD/TBI outweighed the basis for separation - two instances of DUI and failing to obey a lawful general order. Thus, the prior characterization is no longer appropriate. (2) The Board voted to change the reason for discharge to Misconduct (Minor Infractions) under the same pretexts, thus the reason for discharge is no longer appropriate. The SPD code associated with the new reason for discharge is JKN. (3) The Board voted to change the RE code to RE-3. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason / SPD Code to: Misconduct (Minor Infractions)/JKN d. Change RE Code to: RE-3 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 AR20220010649 1