1. APPLICANT’S NAME: a. Application Date: 19 October 2015 b. Date Received: 23 October 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge to honorable and a narrative reason change. The applicant seeks relief contending, in effect, he was discharged from active duty with an general discharge with honorable characterization, due to unacceptable conduct with a separation code of JNC. Based on his mental health evaluations and tests by medical and mental health professionals, his conduct was a direct result of PTSD. He was diagnosed and treated for anxiety, depression, and schizophrenia (PTSD) while on active duty. His mental injuries were not considered during his separation. The VA awarded him 50 percent service connected disability for PTSD and his condition continues to worsen. He requests the Board to review his claim, change his separation code and properly medically retire him from active duty rightfully, so that he can move on and start a healthy path to recovery. His military records reflect stellar performance and character up until he started having behavior health issues due to his recent deployment to Iraq. He believes his chain of command was not educated enough about PTSD to properly get him the help he needed. Instead he was punished for having mental health and family issues. He also believes the commanding general’s command philosophy also influenced his separation determination between medical separation or administrative action. The facts show that his mental health directly affected his behavior while on active duty and he believes his mental health condition was and is bad enough to warrant a medical separation. 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. The Active Duty electronic medical records were reviewed. In a personal appearance hearing conducted at Arlington, VA on 8 August 2015, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. Per the Board's Medical Officer, based on the information available for review at the time, (Board member names available upon request.) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Unacceptable Conduct / AR 600-8-24, Chapter 4-2b / JNC / General, Under Honorable Conditions b. Date of Discharge: 4 September 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 March 2013 (show cause) (2) Basis for Separation: The applicant was informed of the following reasons: Between 25 June 2012 and 14 November 2012, made a false official statement, failed to report to his appointed place of duty, violated a lawful general regulation by misusing his government travel card, had an inappropriate relationship with an enlisted member and violated a general regulation by wrongfully storing an unregistered weapon within his government quarters. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 16 April 2013 (5) Administrative Separation Board: On 12 August 2013, the AD Hoc review board considered the applicant’s request for resignation in lieu of elimination in accordance with AR 600-8-24, Chapter 4. (6) Separation Decision Date/Characterization: 20 August 2013 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Appointment: 22 June 2011 / Indefinite b. Age at Appointment/Education/GT Score: 33 / Bachelor’s Degree / NA c. Highest Grade Achieved/MOS/Total Service: WO-1 / 920A0, Property Accounting Technician / 13 years, 6 months, and 1 day d. Prior Service/Characterizations: RA, 6 March 2000 - 7 May 2002 / HD RA, 8 May 2002 - 19 January 2005 / HD RA, 20 January 2005 - 2 November 2007 / HD RA, 3 November 2007 - 21 June 2011 / HD e. Overseas Service/Combat Service: Alaska, SWA / Afghanistan (26 August 2003 - 30 July 2004), Iraq (26 September 2006 - 2 December 2007) f. Awards and Decorations: ACM-CS, ICM-CS-2, ARCOM-5, AAM, VUA, AGCM, NDSM, GWOTSM, NOPDR-2, OSR-3 g. Performance Ratings: 22 June 2011 - 1 June 2012, Best Qualified h. Disciplinary Action(s)/Evidentiary Record: General Officer Memorandum of Reprimand (GOMOR), dated 13 December 2012, for possessing two unregistered firearms and having an inappropriate relationship with a female noncommissioned officer. GO Article 15, dated 25 March 2013, for failing to go at the time prescribed to his appointed plaice of duty on or about 8 November 2012; and, for on divers occasions violate a lawful general regulation, by wrongfully using his government travel charge card for purposes inconsistent with his official travel. The punishment consisted of forfeiture of $2102.00 pay per month for two months (suspended). i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: The applicant provided a copy of his VA disability decision rating, dated 14 April 2014, which reflects the applicant received a 50 percent service-connected disability rating for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: Online application; a copy of his DD Form 214; two letters of support; a copy of his DD Form 214 for the period of service ending on 21 June 2011; a VA PTSD questionnaire, dated 15 October 2015; VA rating decision, dated 14 April 2014; and a Social Security Administration notice of award, dated 29 January 2016. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. A discharge of honorable, general, or under other than honorable conditions characterization of service may be granted. 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. The SPD Code/RE Code Cross Reference Table identifies the appropriate reentry code to assign the Soldier based on the narrative reason for discharge. 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 ISSUE(S): The applicant requests an upgrade of his general, under honorable conditions discharge to honorable and a narrative reason change. 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 Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant diminished the quality of his service below that meriting an honorable discharge. The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the unacceptable conduct or poor duty performance. The applicant contends he should be medically retired. However, the applicant’s requested change to the DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The applicant desires a change in the narrative reason for the discharge. However, the applicant was separated under the provisions of Chapter 4, paragraph 4-2B, AR 600-8-24 with an general, under honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unacceptable Conduct," and the separation code is "JNC." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends his chain of command did not consider his PTSD during the separation proceedings. The applicant provided evidence that the Veterans Administration has granted him a service connected disability for 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. It appears the applicant’s chain of command determined, based on the information available at the time of the separation proceedings, that although he was suffering from PTSD, he knew the difference between what was right and wrong. 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. The applicant contends that he had good service which included a combat tour. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The third party statements provided with the application speak highly of the applicant’s performance. They all recognize his good conduct prior to the misconduct which led to the his discharge from the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant’s chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional documents: 1. Social Security Disability Award Letter – 4 pages 2. Letter from Spouse – 1 page 3. Letter from Commander – 1 page 4. Letter from Battle Buddy – 1 page 5. VA Form 21-0960P-4 – 5 pages b. The applicant presented no additional contentions. c. Witness(es)/Observer(s): None 10. BOARD DETERMINATION In a personal appearance hearing conducted at Arlington, VA on 8 August 2015, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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: 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 AR20150016748 1