1. Applicant’s Name: a. Application Date: 28 August 2015 b. Date Received: 25 September 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 and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he feels he was not properly evaluated prior to receiving a Chapter 14 discharge; he had an underlying medical condition that was being overlooked. His alcohol abuse was a coping mechanism for an untreated mental health condition and this condition contributed to his poor performance. He never received any judicial or non-judicial punishments before he was discharged. A prior record review was conducted on 11 February 2015. Per the Board’s Medical Officer, based on the information available at the time, the applicant's file includes a behavioral health diagnosis which may have been mitigating for the offenses leading to his separation from the Army. The applicant has a disability rating from the VA for Post Traumatic Stress Disorder (PTSD). It is possible that some symptoms of the condition existed while the applicant was still on active duty. At that time, he had diagnoses of an anxiety disorder, panic disorder without agoraphobia, alcohol abuse, and alcohol dependence. Because PTSD is often associated with alcohol abuse, alcohol related incidences, and avoidance behaviors, it is likely that there was a nexus between the applicant's PTSD and his driving under the influence of alcohol, and repeated failure to report. In a personal appearance hearing conducted at Arlington, VA on 23 May 2016, and by a 5-0 vote, after carefully examining the applicant’s record of service during the period of enlistment under review and hearing his testimony, the Board determined the characterization of service was too harsh based on the applicant’s overall length and quality of service to include his combat service and the circumstances surrounding the discharge (i.e., in-service PTSD symptoms and VA PTSD diagnosis post service), and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to honorable. The Board further 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: Pattern Of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 23 January 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 December 2012 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; Being arrested for driving under the influence (20 November 2012); and Failing to report x5 (7 June 2012, 11 June 2012, 21 June 2012, 6 September 2012 and 17 September 2012) (3) Recommended Characterization: General (Under Honorable Conditions) Discharge (4) Legal Consultation Date: 14 December 2012, the applicant waived legal counsel (5) Administrative Separation Board: The applicant waived consideration of his case by an administrative separation board. (6) Separation Decision Date/Characterization: 18 December 2012 / General (Under Honorable Conditions) Discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 30 June 2011 / 4 years b. Age at Enlistment/Education/GT Score: 28 years / GED Certificate / 109 c. Highest Grade Achieved/MOS/Total Service: SGT / E-5 / 91B20, Wheeled Vehicle Mechanic / 13M20, MLRS/HIMARS Crewmember / 11 years, 11 months and 24 days / block 12e on the applicant’s DD Form 214 total prior inactive service, is incorrect and should read 1 year, 6 months and 9 days as annotated on the Case Report and Directive to account for Army National Guard service d. Prior Service/Characterizations: USAR (25 January 2001-5 March 2001) / NA RA (6 March 2001-23 November 2004) / HD RA (24 November 2004-23 November 2007) / HD ARNG (24 November 2007-21 April 2009) / HD RA (22 April 2009-29 June 2011) / HD e. Overseas Service/Combat Service: SWA / Iraq x3 (18 October 2011-10 November 2011), (6 October 2005-26 September 2006), and (6 April 2003-27 November 2003) f. Awards and Decorations: ARCOM-4, AAM-2, AGCM-3, NDSM, ICM-W/ARRW HD, ICM-W/CS, GWOTEM, GWOTSM, ASR, OSR g. Performance Ratings: 11 December 2010-10 December 2011), Fully Capable h. Disciplinary Action(s)/Evidentiary Record: The applicant received several negative counseling statements for various acts of misconduct. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: Chronological record of medical care, dated 30 April 2007, shows the applicant was diagnosed with an adjustment disorder with anxious mood. DA Form 3822 (Report of Mental Status Evaluation), dated 4 December 2012, indicates the applicant had an Axis I diagnoses of alcohol abuse, episodic, and an anxiety disorder, not otherwise specified (NOS). He was screened for Post-Traumatic Stress Disorder (PTSD) and mild Traumatic Brain Injury, both screens were negative. He was psychiatrically cleared for any administrative action deemed appropriate by command. VA rating decision, dated 4 March 2014, shows the applicant was granted a 50 percent disabling rating for service connected PTSD. 5. APPLICANT-PROVIDED EVIDENCE: Online application (7 pages); Roadback, Inc. outpatient certificate of completion; Department of Veterans Affairs (VA) compensation letter (two pages); VA rating decision (four pages); and a chronological record of medical care (two pages). 6. POST SERVICE ACCOMPLISHMENTS: None provided by the applicant. 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 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. 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 his general (under honorable conditions) discharge to honorable and a change to the narrative reason for separation. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed. 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. By the documented pattern of misconduct, the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. The applicant provided no independent corroborating evidence demonstrating either the command's action was erroneous or the applicant’s service mitigated the misconduct or poor duty performance. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. If the applicant did not feel his mental health issues were not adequately addressed he could have self-referred to the community behavioral health center for further examination to address those issues he was not satisfied with or that was overlooked in his opinion. The VA documents granting the applicant a 50 percent disabling rating for service connected PTSD are acknowledged. The applicant had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention a mental condition was the underlying cause of his poor performance. The service record indicates the applicant committed many discrediting offenses as evidenced by several negative counseling statements, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant’s numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. The applicant submitted no additional documents or contentions. 10. BOARD DETERMINATION: Per the Board’s Medical Officer, based on the information available at the time, the applicant's file includes a behavioral health diagnosis which may have been mitigating for the offenses leading to his separation from the Army. The applicant has a disability rating from the VA for Post Traumatic Stress Disorder (PTSD). It is possible that some symptoms of the condition existed while the applicant was still on active duty. At that time, he had diagnoses of an anxiety disorder, panic disorder without agoraphobia, alcohol abuse, and alcohol dependence. Because PTSD is often associated with alcohol abuse, alcohol related incidences, and avoidance behaviors, it is likely that there was a nexus between the applicant's PTSD and his driving under the influence of alcohol, and repeated failure to report. In a personal appearance hearing conducted at Arlington, VA on 23 May 2016, and by a 5-0 vote, after carefully examining the applicant’s record of service during the period of enlistment under review and hearing his testimony, the Board determined the characterization of service was too harsh based on the applicant’s overall length and quality of service to include his combat service and the circumstances surrounding the discharge (i.e., in-service PTSD symptoms and VA PTSD diagnosis post service), and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to honorable. The Board further determined the reason for discharge was both proper and equitable and voted not to change it. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: 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: 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 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 AR20150016531 6