1. Applicant’s Name: a. Application Date: 12 August 2015 b. Date Received: 17 August 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, the choices he made that led to his discharge were heavily influenced by the PTSD he was suffering from following his deployment to Afghanistan. Both his judgement and mental well-being were affected by his PTSD. The applicant is currently being treated for his PTSD. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had no mitigating medical or behavioral health conditions for the offenses. Although the applicant had a history of behavioral health treatment for anxiety and depression symptoms and screened positive for PTSD (did not meet full criteria) on the Mental Status Exam, symptoms do not mitigate his actions as the nature of PTSD symptoms are not reasonably related to the misconduct of dereliction of duty by allowing Soldiers to smoke Spice in his presence. In a records review conducted at Arlington, VA on 28 September 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 / Chapter 14-12c / JKQ / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 26 February 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 November 2012 (2) Basis for Separation: The applicant was derelict in his duties as a military police officer by allowing other Soldiers to smoke spice in his presence and in his room on divers occasions. (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: NIF (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: Undated / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 19 August 2008 / 5 years b. Age at Enlistment/Education/GT Score: 19 / HS Graduate / 108 c. Highest Grade Achieved/MOS/Total Service: E-4 / 31B10, Military Police / 4 years, 6 months, and 8 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: Germany, SWA / Afghanistan 22 November 2009 – 4 November 2010) f. Awards and Decorations: AAM-2, AGCM, NDSM, ACM-2CS, GWTSM, NOPDR, ASR, OSR-2, NATO Medal, CAB g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: DA Form 4856 (Developmental Counseling), dated 23 October 2012, for being aware of one or more person(s) consuming an illegal substance in his barracks room on one or more occasions. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: DA Form 3822 (Report of Mental Status Evaluation), dated 30 August 2012, reflects the applicant required further examination or testing to finalize diagnosis and recommendations. The applicant was diagnosed with (Axis I) Rule Out Mood Disorder/PTSD; Provisional Diagnosis: Dysthymic Disorder. DA Form 3822 (Report of Mental Status Evaluation), dated 8 February 2013, reflects the applicant had a clear and normal thought process and was mentally responsible. The applicant was diagnosed with (Axis I) Anxiety Disorder NOS. The applicant screened and scored positive for PTSD. It was noted that Dr. S. did not clear the applicant to proceed with the Chapter 14 process due to the presence of possible PTSD symptoms and that the applicant needed further evaluation. However, it was determined by Dr. J.E.K., Clinical Psychologist, most of the applicant’s PTSD symptoms derive from traumatic incidents he experienced prior to joining the Army and that a few of the symptoms were aggravated by combat related experiences. By themselves, however, those symptoms would not warrant a diagnosis of PTSD. The applicant was in full agreement with the assessment that most of the symptoms derive from experiences predating his military service. 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 12 August 2015; DD Form 214; Enlisted Record Brief, and RCS Client Information Record, dated 4 August 2015. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with this 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 14-12c 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), 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 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, such that he should have been retained. The applicant’s service record contains documentation that supports a diagnosis of in service Post-Traumatic Stress Disorder (PTSD); however, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 30 August 2012 and 8 February 2013, the applicant underwent two mental status evaluations which indicate he was mentally responsible, with thought content as clear, and was able to recognize right from wrong. It appears the applicant’s chain of command determined that although he was suffering from a behavioral health issule, he knew the difference between what was right and wrong as indicated by the mental status evaluation. Further, there are many Soldiers with the same condition that completed their service successfully. 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 DETERMINATION: In a records review conducted at Arlington, VA on 28 September 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214/Issue a New Separation Order: 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 NCO – Noncommissioned Officer 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 NOS – Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma PTSD – Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA – Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150013903 5