1.	APPLICANT’S NAME:      

	a.	Application Date:  12 February 2015

	b.	Date Received:      18 February 2015

	c.	Counsel:                 None

	d.   Witness:  	         Spouse

2.   REQUEST, REASON, ISSUES, BOARD TYPE AND DECISION:  The applicant requests an upgrade from general, under honorable conditions discharge to honorable.  The applicant states, in effect, after returning from his second deployment he began experiencing symptoms of Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI); subsequently, he was diagnosed with TBI.  He served honorably during second deployment by earning two ARCOMS, an AGCM and was promoted to SGT/E-5.  He continued his out-patient treatment without any significant relief; and he no longer abuses drugs or alcohol and regularly attends out-patient treatment.  He was having marital problems and his life began a downhill spiral; he turned to alcohol and drug abuse for relief.
In a personal appearance review conducted at Arlington, Virginia, on 27 July 2015, and by a 5-0 vote, the Board after carefully examining the applicant’s record of service during the period of enlistment under review and hearing his testimony, determined the characterization of service was too harsh based on the overall length and quality of the applicant’s service to include his combat service, the circumstances surrounding the discharge (i.e., post service diagnosis of PTSD), his testimony and his post service accomplishments (i.e., his work with the VA and veterans), as a result it is now inequitable.  Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable.  The Board determined the reason for discharge was both proper and equitable and voted not to change it.
(Board member names available upon request.)

3.	DISCHARGE DETAILS:

	a.	Reason/Authority/Codes/Characterization:  Misconduct (Drug Abuse)/AR 635-200, Paragraph 14-12c(2)/JKK/RE-4/General, Under Honorable Conditions
	b.	Date of Discharge:  27 November 2013

	c.	Separation Facts:  

		(1)	Date of Notification of Intent to Separate:  NIF

		(2)	Basis for Separation:  The applicant’s record is void of the specific facts and circumstances which led to his discharge from the Army. 

		(3)	Recommended Characterization:  NIF

		
		(4)	Legal Consultation Date:  NIF

		(5)	Administrative Separation Board:  NIF

		(6)	Separation Decision Date/Characterization:  NIF

4.	SERVICE DETAILS:

	a.	Date/Period of Enlistment:  27 January 2010/3 years

	b.	Age at Enlistment/Education/GT Score:  23 years/HS Graduate/96

	c.	Highest Grade Achieved/MOS/Total Service:  SGT/E-5/11C10, Indirect Fire Infantryman/8 years, 5 months and 26 days

	d.	Prior Service/Characterizations:  RA/2 June 2005-26 June 2009/HD
                                                                     RA/27 June 2010-26 January 2010/HD
  
	e.	Overseas Service/Combat Service:  Hawaii/Iraq x 2/8 August 2006-8 August 2007 and 20 October 2008-15 November 2009/Afghanistan/1 April 2011-1 April 2012

	f.	Awards and Decorations:  ARCOM-4, AGCM-2, NDSM, ACM-W/2CS, ICM-W/CS GWOTSM, ASR, OSR, CIB
  
	g.	Performance Ratings:  Yes/successful NCOER covering the period from 1 November 2011 thru 29 April 2013
  
	h.	Disciplinary Action(s)/Evidentiary Record:  None
  
	i.	Lost Time:  None
  
	j.	Diagnosed PTSD/TBI/Behavioral Health:  Post PTSD diagnosis by the VA

5.	APPLICANT-PROVIDED EVIDENCE:  DD Form 293 with an issues continuation page, and a Coatesville VA certificate of completion:  Additional documents 1, VA documents (four pages).

6.	POST SERVICE ACCOMPLISHMENTS:  The applicant stated in his issues he is employed as a full-time landscaper

7.	REGULATORY CITATION(S):  Chapter 14 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions; a pattern of misconduct; commission of serious offense; conviction by civil authorities; desertion; or absence without leave.  Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation 

Paragraph 14-12c(2) terms abuse of illegal drugs as serious misconduct.  It continues; however, by recognizing relevant facts may mitigate the nature of the offense.  Therefore, a single drug abuse offense may be combined with one or more minor disciplinary infractions or incidents of 

other misconduct and processed for separation under paragraph 14-12a or 14-12b as appropriate.

8.  DISCUSSION OF ISSUE(S):  The applicant seeks relief contending, after returning from his second deployment he began experiencing symptoms of Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI); subsequently, he was diagnosed with TBI.  He served honorably during this deployment by earning two ARCOMS, an AGCM and was promoted to SGT/E-5.  He continued his out-patient treatment without any significant relief; and he no longer abuses drugs or alcohol and follows-up regularly with out-patient treatment.  He was having marital problems and his life began a downhill spiral; he turned to alcohol and drug abuse for relief.

The applicant’s request for an upgrade of the characterization of his discharge was carefully considered.  However, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army.  Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.

The applicant contends after returning from his second deployment he began experiencing symptoms of PTSD and TBI; subsequently he was diagnosed with TBI.  The independent VA document is acknowledged, which diagnosed the applicant with TBI, PTSD with alcohol and cocaine dependence in remission and granted him an 80 percent disabling rating for these conditions. 

The applicant further contends he served honorably during his second deployment by earning two ARCOMS, an AGCM and was promoted to SGT/E-5.  The applicant’s service accomplishments and the quality of his service to include his combat tours were carefully considered.  However, this service was determined not to be sufficiently mitigating to overcome the reason for discharge and the characterization of service granted.

The applicant also contends he continued his out-patient treatment without any significant relief; and he no longer abuses drugs or alcohol and follows-up regularly with out-patient treatment.  The applicant is to be commended for his efforts; however, these contentions are not matters upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued.

Lastly, the applicant contends he was having marital problems and his life began a downhill spiral; he turned to alcohol and drug abuse for relief.  He had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record he ever sought such assistance before committing the misconduct which led to the separation action under review.  

It is still the applicant’s responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record.



Therefore, based on available evidence and the presumption of government regularity, the discharge appears consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process.  

9.  DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE:

1.  The applicant submitted the following additional document: 

	Department of Veterans Affairs Medical Center document, dated 24 July 2015 – 1 page

2.  The applicant presented no additional contentions.

In addition to the evidence in the record, the Board carefully considered the additional document and testimony presented by the applicant at the personal appearance hearing.

10.	BOARD ACTION DIRECTED:

	a.	Issue a new DD-214:  		Yes

	b.	Change characterization to:  	Honorable

	c.	Change Reason to:  			No Change

	d.	SPD/RE Code Change to:  		No Change

	e.	Restoration to Grade:  		NA




Authenticating Official:




COL, US ARMY
Presiding Officer 
Army Discharge Review Board




Legend:
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	 	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than  
FG - Field Grade	IADT – Initial Active Duty Training	RE - Reentry	                Honorable Conditions 	

ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE

AR20150002973

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