1. Applicant's Name: a. Application Date: 9 November 2015 b. Date Received: 4 January 2016 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 was in need of PTSD counseling and treatment but, due to deployment, he did not receive adequate services. The applicant does not have nor can he afford health or dental insurance. He received a Purple Heart and is 90 percent disabled. If his discharge is upgraded, he could qualify for more services. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has history of several head injuries-one at age 8 which resulted in sutures and residual tremors until age 13; one while stationed in Korea in 2007 from slipping on a wet floor and hitting back of head, one in 2009 while deployed from a suicide bomber attacking his vehicle and one in 2011 when an IED exploded on the right side of his vehicle. This latter head injury was associated with loss of consciousness and impaired executive functioning on MACE exam which eventually normalized. Medical record also indicates that applicant has a long history of problems with anger and alcohol. Note dated 1 November 2011 documents history of mental illness prior to service: applicant has been diagnosed with PTSD from childhood, Schizophrenia, Bipolar Disorder and Attention Deficit Disorder. (Based on AHLTA review, applicant does not have Schizophrenia or Bipolar Disorder). 1 November 2011 note also documents presence of PTSD symptoms: night terrors, avoidance behaviors, sleep walking, paranoia, increased vigilance, increased anger. Identified stressors include being attacked by a suicide bomber during his first deployment and seeing his Team Chief severely injured during his second deployment. Diagnosis given in military-Adjustment Disorder. Applicant is 70 percent service-connected for PTSD by the VA. He also service-connected for TBI (actual percentage of service-connected for this could not be found in chart, only a note indicating that the TBI was service connected). Based on the information available, the applicant has two Behavioral Health diagnoses which are mitigating for the offenses leading to his discharge from the Army. He has PTSD existed prior to service and exacerbated by military service). As PTSD is associated with anger and problems with authority figures, it would be considered mitigating for the offenses of disobeying a lawful order x2; as PTSD is associated with avoidant behaviors, it would be mitigating for the offense of failing to report to his place of duty on time. He has a history of multiple head traumas with the most serious resulting in impaired executive function. While this function appeared to normalize on subsequent MACE exams, one must consider that the MACE exam is a screening exam and does not have the same degree of accuracy as Neuropsychiatric testing (which the applicant never had). It is quite possible that the applicant had persistent, subtle executive dysfunction remaining after this head injury. Such dysfunction would affect judgment, reasoning and impulse control. As such, his history of TBI is considered mitigating for the offense of stealing two video game discs and a bottle of vitamins from AAFES. In a records review conducted at Arlington, VA on 31 March 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include his combat service, and the circumstances surrounding his discharge (i.e. diagnoses of PTSD 70 percent service-connected and TBI service-connected) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to honorable and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 17 November 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 October 2011 (2) Basis for Separation: The applicant was informed of the following reasons: disobeyed a commissioned officer (4 September 2011); disrespected a noncommissioned officer (31 August 2011); committed larceny (26 February 2011); and, failed to report (26 August 2011). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 15 October 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 17 October 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 March 2011 / 6 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 98 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 4 years, 8 months, 28 days d. Prior Service / Characterizations: RA, 20 February 2007 to 17 March 2011 / HD e. Overseas Service / Combat Service: Korea, SWA / Iraq (Specific dates NIF) f. Awards and Decorations: PH, NDSM, GWOTSM, KDSM, ASR, OSR, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 6 September 2011, reflects that the applicant had a history of excessive alcohol use and planned to self-enroll in ASAP upon redeployment. He also acknowledged challenges in impulse control and anger management. He would begin treatment in present deployed environment and continue after redeployment. CG Article 15, dated 27 April 2011, for stealing two PlayStation Portable video game discs and a bottle of Cryotest vitamins, of a value of about $208.60, the property of AAFES (26 February 2011). The punishment consisted of a reduction to E-3, forfeiture of $455 pay, extra duty, and restriction for 14 days. FG Article 15, dated 12 September 2011, for failing to go at the time prescribed to his appointed place of duty (26 August 2011), willfully disobeying a lawful order from a commissioned officer (4 September 2011); and willfully disobeying a lawful order from a NCO (31 August 2011). The punishment consisted of a reduction to E-2, extra duty for 15 days, and forfeiture of $822.45 pay for two months and restriction for 45 days (both suspended). The applicant received several negative counseling statements for initiation of separation action, stealing, disobeying an order, failing to conduct corrective training, lying to an NCO, disrespecting a commissioned officer, disobeying a direct order, and uttering a threat. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the 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." 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 and the issues 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 misconduct (serious offense), 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 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 on Active Duty. The applicant contends that he was in need of PTSD counseling and treatment but, due to deployment, he did not receive adequate services. The service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The Mental Status Evaluation revealed that the applicant had a history of excessive alcohol use and planned to self-enroll in ASAP upon redeployment. He also acknowledged challenges in impulse control and anger management; and that he would begin treatment in present deployed environment and continue after redeployment. The applicant further contends, he received a Purple Heart and is 90 percent disabled. The record of evidence shows the applicant received a Purple Heart. However, 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 he is 90 percent disabled. The applicant also contends, he does not have nor can he afford health or dental insurance and if his discharge is upgraded, he could qualify for more services. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 31 March 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include his combat service, and the circumstances surrounding his discharge (i.e. diagnoses of PTSD 70 percent service-connected and TBI service-connected) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to honorable and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / No change to RE code f. Restore 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 AR20160000953 1