1. Applicant’s Name: a. Application Date: 29 July 2015 b. Date Received: 12 August 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of his discharge from general, under honorable conditions to honorable. The applicant seeks relief contending, in pertinent part and in effect, since his redeployment from Afghanistan, he has been struggling with serious depression and insomnia. He informed his unit PA's attention and received very little help from the Warrior Behavior Health. His superiors told him he could not attend all the appointments he was scheduled for and would have to spread them out more because he was seeking treatment too often. He came under the watch of his unit superiors. He was labeled bad and demeaning names for seeking treatment for his problems which he though would remain confidential between himself and his superiors. When he asked for medication because counseling simply was not helping him, he was told because he drank too much alcohol that they would not be able to prescribe him medication. He was given a rating of 4/4 for PTSD during his separation, but when interviewed for no more than five minutes by another Captain at Warrior Behavior Health, he was told he was fit for duty. He believes he was not fit for duty and had been trying to seek help that was destroying him. He is currently on “SSRIs” for severe depression, a benzodiazepine for constant anxiety, and lastly a sleeping medication. The VA hospital could treat his illness but the military ignored it and pushed him to the side. He was a great Soldier, with a good conduct medal. In a records review hearing conducted at Arlington, VA on 9 May 2016, and by a 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 4 November 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: General, Under Honorable Conditions discharge (per servicing judge advocate’s review, dated 1 October 2013) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 10 October 2013 / General, Under Honorable Conditions discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 30 March 2010 / 4 years b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / 112 c. Highest Grade Achieved/MOS/Total Service: E-4 / 25C10, Radio Operator/Maintainer / 3 years, 7 months, 5 days d. Prior Service/Characterizations: None / NA e. Overseas Service/Combat Service: Hawaii, SWA / Afghanistan (31 March 2011-1 April 2012) f. Awards and Decorations: ARCOM; AAM; AGCM; USAFGCM; NDSM; ACM-2CS-2; GWOTSM; ASR: OSR-2; NATO MDL; CAB g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: Discharge Orders, dated 15 October 2013 i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online applicant with DD Form 214 for service under current review. 6. POST SERVICE ACCOMPLISHMENTS: None. 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 14-12c 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. 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, by implication provided the same guidance to the Service Discharge Review Boards whose decisions are reviewable by the Service Correction Boards. That memorandum provided PTSD or PTSD-related conditions "will be considered potential mitigating factors in the misconduct that caused the under other than honorable conditions characterization of service." However, the memorandum also states, "Corrections Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service of under 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 the 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 the characterization of his discharge from general, under honorable conditions to honorable. The applicant’s available record of service, and the issues and documents submitted with his application were carefully reviewed. 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's contentions were carefully considered. However, there is insufficient evidence available in the official record to make a determination on his medical condition and the quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant’s statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of the request for an upgrade of the discharge. Although the applicant is scheduled for a personal appearance hearing, it would still be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet and medical records, if any) 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. The applicant contends that behavioral health issues contributed to his discharge from the Army. However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition at this time. If the applicant provides any documentary evidence and/or if the Board’s Medical Officer finds evidence to corroborate the applicant’s contentions, and based on those evidence, if the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct it can grant appropriate relief by changing the reason for separation and/or the characterization of service. In consideration of the applicant's service accomplishments and quality of his service prior to any misconduct that led to his discharge, the Board can find that his complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. Based on the available record, the 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: No b. Change Characterization to: No Change 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 AR20150013423 4