1. Applicant's Name: a. Application Date: 5 October 2015 b. Date Received: 23 October 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, his personal and financial life had begun to unravel with his divorce, his loss of child custody, his undiagnosed PTSD, coupled with his inability to sleep due to nightmares, had severely affected his judgement and his ability to focus on his job and responsibilities after he returned from his deployment from Iraq. After his 10 day stay in a hospital, the applicant and his commander agreed that it was in his best interest to separate from the Army. The applicant contends that he was punished twice for the same offense, first with the Article 15 punishment then by losing the privilege of receiving an honorable discharge. The applicant further contends that if his record were reviewed, it would reflect that he served well in multiple stations, deployed to several locations in Iraq within a nine month time frame, engaged in combat multiple times earning the Combat Action Badge, and chosen to be a part of an experimental troop that maintained the highest OR rating for aviation at the time he was deployed. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have a significant mitigating medical or behavioral health conditions for the offense which led to his separation from the Army. Report of Medical History (DD Form 2807-1) dated 23 July 2009 with unremarkable history. Report of Medical Examination (DD Form 2808) dated 23 July 2009 with unremarkable clinical evaluation, PULHES-111111, qualified for service. Security Clearance Application (Standard Form 86) dated 23 July 2009 was unremarkable. The electronic medical records (AHLTA) were reviewed with clinical encounters between August 2009 and November 2013. Clinical notes from May 2012 through December 2013 were reviewed. Radiology studies reviewed from May thru July 2012. Laboratory results reviewed from August 2009 through September 2013. Family Advocacy notes (January - May 2012) were reviewed. Behavioral health (BH) visit on 1 August 2013 for suicidal gesture (one week prior by applicant report) and depressive symptoms x 6 months related to psychosocial family, financial, and child support issues. Inpatient psychiatric hospitalization from 1 to 13 August 2013 with Axis I - depressive disorder not otherwise specified; Axis II - none; Axis III - none active; Axis IV - problem with primary support group; Axis V - current GAF (global assessment of function) - 25. Report of Medical Assessment (DD Form 2697) dated 30 Sept 2013 notes medication use (anti-depressant). Report of Medical History (DD Form 2807-1) dated 30 Sep 2013 with one medication (antidepressant), several 'yes' responses explained in item 29, reviewed with provider on 20 Nov 2013. Report of Medical Examination (DD Form 2808) dated 30 Sep 2013 with unremarkable clinical evaluation (dental class 2; vision correctable to 20/20, BMI (body mass index) of 30), with major depressive disorder, qualified for service. Report of Mental Status Evaluation (DA Form 3822) dated 20 Nov 2013 with Axis I - major depressive disorder; Axis II - no diagnosis; Axis III - deferred to PCM. No PTSD or TBI. SM (service-member) has a behavioral health history, however, his condition is not disabling. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Administration records notes no VA-listed problems or entries. The Veteran's Administration has not service- connected the applicant. In a records review conducted at Arlington, VA on 27 January 2017, 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: 14 March 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 January 2014 (2) Basis for Separation: The applicant was informed of the following reasons: with intent to deceive, signed an official record, to wit: a handover book, which record was totally false, and was then known by him to be so false (On or about 31 July 2013); derelict in the performance of those duties, in that he willfully failed to finish the preventative phase of maintenance, as it was his duty to do (on or about 31 July 2013); and, fraudulent use of a PID on an aircraft technical inspection. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 5 February 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 February 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 August 2009 / 6 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / 15S10, OH-58D Helicopter Repairer / 4 years, 7 months, 5 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Alaska, SWA / Iraq (31 January to 6 December 2011) f. Awards and Decorations: ARCOM, NDSM, GWOTEM, ICM-CS, ASR, OSR, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: (Based on Commander's Report) CG Article 15 for violation of the UCMJ, Articles 92 and 107. The punishment consisted of reduction to E-3, forfeiture of $1007 pay (suspended), 45 days extra duty, and an oral reprimand. Two Developmental Counseling Forms for signing off on work that was not completed and falsely used several PIDs, and intent to separate from service. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 20 November 2013, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with Major Depressive Disorder. 5. APPLICANT-PROVIDED EVIDENCE: Online application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, Misconduct (Serious Offense). 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." 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 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 be retained on active duty. The applicant contends the narrative reason for separation should be changed. However, the applicant was separated under the provisions of AR 635-200, Chapter 14, paragraph 14-12c, with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)," and the separation code is "JKQ." 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 that he was having personal issues that affected his judgement and his ability to focus, which ultimately caused him to be discharged. However, he 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 contends he was suffering from an undiagnosed PTSD. The applicant's service record contains documentation that supports a diagnosis of major depressive disorder; 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 20 November 2013, the applicant underwent a mental status evaluation which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong as indicated by the mental status evaluation. It appears the applicant's chain of command determined that although he was suffering from depression, 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 applicant contends that he was punished twice for the same offense, first with the Article 15 punishment then by losing the privilege of receiving an honorable discharge. However, 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 exemplary service, which included him deploying to several locations in Iraq within a nine-month time frame, engaged in combat multiple times, earning the Combat Action Badge, and chosen to be a part of an experimental troop that maintained the highest OR rating for aviation at the time he was deployed. 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 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 27 January 2017, 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: 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 AR20150017448 1