1. APPLICANT’S NAME: a. Application Date: 28 May 2014 b. Date Received: 16 June 2014 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his discharge to honorable. The applicant, in pertinent part and in effect, states he was suffering from Post-Traumatic Stress Disorder (PTSD) at the time of his discharge. He would like to use his military experience to help him find a career. In a records review conducted at Arlington, VA on 24 July 2015, and by 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request.) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 7 November 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 September 2008 (2) Basis for Separation: The applicant was informed of the following reasons: * failing to be at his appointed place of duty at the prescribed time on four separate occasions on 19, 20, and 21 April 2007 and 7 July 2008; * disobeying an order on two separate occasions on 23 April 2007; and * being AWOL 8 July 2008 through 14 July 2008. (3) Recommended Characterization: GD (4) Legal Consultation Date: 30 September 2008 (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 17 October 2008 / GD 4. SERVICE DETAILS: a. Date/Period of Enlistment: 16 May 2006 / 3 years, 8 weeks b. Age at Enlistment/Education/GT Score: 24 / GED / 120 c. Highest Grade Achieved/MOS/Total Service: E-3 / 13F10, Fire Support Specialist / 3 years, 7 months, 6 days d. Prior Service/Characterizations: USAR (27 January 2004-22 October 2004) / NA ADT (22 October 2004-17 March 2005) / HD          USAR (18 March 2005-15 May 2006) / NA e. Overseas Service/Combat Service: SWA / Iraq (11 March 2007 – 8 May 2008) f. Awards and Decorations: ARCOM; NDSM; ICM-CS; GWOTSM; OSR g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: * CG Article 15, dated 24 July 2008, for failing to be at his appointed place of duty at the prescribed time (7 July 2008) and being AWOL (8 July 2008 through 14 July 2008). The punishment consisted of a reduction to E-1, forfeiture of $314, and 14 days of extra duty and restriction. * CG Article 15, dated 4 May 2007, for violations of Article 86, UCMJ (information illegible) and disobeying an NCO on two separate occasions (3 April 2007). The punishment consisted of a reduction to E-1, forfeiture of $326, and 14 days of extra duty and restriction. * Numerous negative counseling statements for involuntary separation; being AWOL; destroying government property; being disrespectful towards an NCO; being confrontational; disorderly conduct; failing to be at his appointed place of duty at the prescribed time; disobeying orders; and missing movement. i. Lost Time: 8 days j. Diagnosed PTSD/TBI/Behavioral Health: Mental health issues noted but no diagnosis. 5. APPLICANT-PROVIDED EVIDENCE: Self authored statement, and three supporting statements from family members and friends. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 8. DISCUSSION OF ISSUE(S): The applicant, seeking relief, contends he was suffering from PTSD at the time of his discharge and he is rated a 70 percent disability due to PTSD. He would like to use his military experience to help him find a career. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. After a careful review of all the applicant’s military records, the issue and documents submitted with the application, the record confirms 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. The applicant diminished the quality of his service by receiving 2 Articles 15 for multiple violations of the Uniform Code of Military Justice and several negative counseling statements. The applicant’s contentions were carefully considered. However, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit sufficient evidence to support the contention that the discharge was the result of any medical condition. The applicant’s statement and his supporting statements alone do not provide corroborating and supporting evidence toward his request for an upgrade of the discharge. 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 character of the applicant’s discharge is commensurate with his overall service record. In view of the foregoing, the applicant’s 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 ACTION DIRECTED: a. Issue a new DD-214/Issue new Separation Order: No b. Change characterization to: No Change c. Change Reason to: No Change d. SPD/RE Code Change to: No Change e. Restoration to Grade: No Change 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 AR20140010823 1