1. Applicant’s Name: a. Application Date: 28 January 2015 b. Date Received: 7 July 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, his discharge is inequitable because it was based on isolated incidents out of 44 months of service, with no adverse action. His school has already started classes and somehow his discharge slipped through the cracks. He wants to use his chapter 33 benefits. He has delayed starting school in hopes of receiving an upgrade. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had behavioral health and medical conditions which may have been mitigating for the misconduct that led to his separation from the Army. The Active Duty electronic medical records revealed that the applicant had diagnoses of PTSD, Depression, Anxiety, Panic Disorder, and Adjustment Disorder following his return from deployment December 2008. The PTSD diagnosis was combat related and symptoms included depression, increased startled response, emotional numbing, anger outbursts, irritability, sleep problems, nightmares, hypervigilance, and memory difficulties. He engaged in heavy drinking directly upon returning from deployment and started behavioral health treatment to include PTSD groups and individual treatment. Applicant was also seen by medical provider in theater following a head injury and contusion. Because the combination of behavioral health condition, most prominent being PTSD, can often be associated with Alcohol Abuse, increased irritability, and risky and dangerous behaviors such as speeding, a DUI, recklessness, and a disregard for rules, there was likely a nexus between this applicant's offenses and his medical/behavioral health conditions. In a records review conducted at Arlington, VA on 19 August 2016, and by a 3-2 vote, the Board determined that the characterization of service is now inequitable based on the applicant’s length and quality of his service, to include his combat service, and circumstances surrounding this discharge (i.e. in-service diagnosis of PTSD). 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 proper and equitable and voted 3-2 not to change it. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Pattern of Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 8 September 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 April 2010 (2) Basis for Separation: A review of the commander’s report, dated 22 April 2010, reflects the applicant was arrested twice in the last five months for offenses such as speeding, flight from an officer, careless operation of a vehicle, criminal damage to property, and DUI. (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 22 April 2010 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 29 August 2010 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 4 January 2007 / 4 years b. Age at Enlistment/Education/GT Score: 35 / HS Graduate / 101 c. Highest Grade Achieved/MOS/Total Service: E-3 / 89B10, Ammunition Specialist / 3 years, 8 months, and 5 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Iraq (26 November 2007 - 30 December 2008) f. Awards and Decorations: ARCOM, MUC, NDSM, GWTSM, ICM-CS, ASR, OSR, CAB g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: CG Article 15, dated 29 November 2008, for failing to obey a lawful order on two occasions. The punishment consisted of a reduction to E-2 (suspended 180 days), forfeiture of $370.51 pay, and extra duty for 14 days. Numerous DA Forms 4856 (Developmental Counseling), dated between 20 April 2008 and 2 March 2010 for failing to maintain living quarters, disrespect, failure to prepare for inspection, disobeying a direct order, insubordination, DUI, speeding, destruction of property, evading police, failure to obey a regulation, drunken or reckless driving and insubordinate conduct. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: Mental Status Evaluation memorandum, dated 31 March 2010, reflects the applicant was psychiatrically cleared for any administrative action deemed appropriate by command. The applicant had the capacity to understand and participate in the evaluation and is mentally responsible. The applicant was diagnosed with (Axis I) Alcohol Dependence, PTSD, mild and (Axis II) Personality Disorder Cluster B Traits. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 28 January 2015, and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members’ discharges. “Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre-existing conditions which are determined not to have been incurred or aggravated while in military service.” “Conditions documented in the 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 PTSD or PTSD related conditions 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 under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD or PTSD-related conditions as a causative factor 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. Correction Boards will also exercise caution in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct.” 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that 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 contends that his discharge is equitable because it was based on isolated incidents. Although isolated incidents, the discrediting entries constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization The applicant contends that an upgrade of his discharge would allow access to educational benefits through the use of the GI Bill. 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. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 19 August 2016, and by a 3-2 vote, the Board determined that the characterization of service is now inequitable based on the applicant’s length and quality of his service, to include his combat service, and circumstances surrounding this discharge (i.e. in-service diagnosis of PTSD). 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 proper and equitable and voted 3-2 not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214/Issue a New Separation Order: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: 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 BH – Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150011608 1