1. Applicant's Name: a. Application Date: 17 December 2015 b. Date Received: 21 December 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, he believes his discharge was unfair because he has a 70 percent rating for Post Traumatic Stress Disorder (PTSD) from the Veterans Affairs. He feels that the Army failed to help him seek treatment, rather they discharged him from service. His conduct was caused by his mental illness that is being treated. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a behavioral health condition but unable to determine a nexus for the offenses (separation packet not in file) which led to his separation from the Army. The electronic medical records (AHLTA) were reviewed with clinical encounters from December 2008 thru March 2014 (note: implementation began in 2003; applicant is former military dependent. Clinical notes reviewed from May 2009 thru May 2014. Radiology reports reviewed from July 2005 thru July 2013. Laboratory results reviewed from January 2009 thru February 2014. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records notes 36 problems (seven VA entered) including major depressive disorder recurrent moderate, mixed hyperlipidemia, overweight, The Veterans Affairs has service-connected the applicant at 80 percent overall. In a records review conducted at Arlington, VA on 17 March 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 13 March 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 December 2008 / 6 years b. Age at Enlistment / Education / GT Score: 20 / HS graduate / 106 c. Highest Grade Achieved / MOS / Total Service: E-4 / 15Q10, Air Traffic Control Operator / 5 years, 2 months, 13 days d. Prior Service / Characterizations: NIF e. Overseas Service / Combat Service: Alaska, SWA / Afghanistan (1 November 2009 to 4 November 2010). f. Awards and Decorations: AAM, AGCM, NDSM, ACM-2CS, GWOTSM, ASR, NATOMDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 20 May 2013, for being disrespectful in deportment toward Sergeant P., a noncommissioned officer, by striking a wall locker with his fist (5 April 2013) and being disorderly, which conduct was of a nature to bring discredit upon the Armed Forces (5 April 2013). The punishment consisted of a reduction to E-3, forfeiture of $1,007 pay (suspended), extra duty for 30 days and a written reprimand. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: VA Rating Decision letter, dated 21 June 2014, reflects applicant was service-connected for major depressive disorder, recurrent (also claimed as adjustment disorder and PTSD) and was assigned a rating of 70 percent disabled, effective 14 March 2014. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; VA Rating Decision, dated 21 June 2014; DD Form 214; US Army Medical Department Activity letter, dated 12 September 2014; e-mail correspondence; and two Tallahassee Community College letters for making the Dean's List, dated 8 June 2015 and 25 September 2015. 6. POST SERVICE ACCOMPLISHMENTS: The applicant was placed on the Dean's List for the Spring and Summer Terms of 2015. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. 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. 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. The applicant's available record of service, 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 all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant contends that his discharge was unfair because he has a 70 percent rating for PTSD from the Veteran Affairs. The VA document submitted by the applicant reflects he was assigned a 70 percent disabled rating for his major depressive disorder, recurrent (also claimed as adjustment disorder and PTSD). Of note, the VA rating decision also revealed a diagnosis of PTSD must meet all diagnostic criteria as stated in the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. The evidence does not show a confirmed diagnosis of PTSD which would permit a finding of service connection. The fact the Veterans Affairs has granted the applicant service connection for medical conditions the applicant might have suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The applicant further contends that the Army failed to help him seek treatment, rather they discharged him from service; and his misconduct was caused by his mental illness that is being treated. 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 that his command failed to help him seek treatment and that his conduct was caused by his mental illness that is being treated. If the applicant was experiencing mental health issues, he could have self-referred to the community behavioral health center for assistance with his mental health problems. 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. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) 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 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 17 March 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 AR20160000680 1