1. Applicant's Name: a. Application Date: 4 February 2016 b. Date Received: 8 February 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 pertinent part and in effect, he was diagnosed with PTSD and depression stemming from incidents that occurred during deployments to Haiti and Afghanistan. The minor infractions that led to his discharge occurred after the disease had already taken its toll. His behavior and the events that took place would have never happened had he not been suffering from PTSD and depression. He was prescribed Zoloft (anti-depressant) and he attempted suicide in 2012, prior to his discharge, as a result of his mental condition caused by deployments. Since his discharge, he has not been in any trouble and he has maintained an employment. He deserves an upgrade due to the sacrifices he made for the United States of America. He brought home mental injuries from the war that affected him, his children, and his parents. The record indicates the applicant had a prior records review in September 2013. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant had mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. No diagnosis of PTSD in AHLTA, but a review of military electronic medical records indicated the applicant was treated for PTSD symptoms starting during his third deployment to include nightmares, flashbacks, insomnia, irritability, anxiety, and having a startled response. Because PTSD can be associated with use of substances for self-medication, suicidality, impulsivity, risk taking behaviors, and poor judgment, there is a nexus between this applicant's misconduct and his PTSD symptoms. A review of electronic medical records revealed a history of treatment to include therapy and use of psychiatric medications. The applicant reported difficulty adjusting to normal life since returning from Haiti in which he witnessed hunger and death and was not able to help people as much as he wanted to which resulted in significant guilt, sadness, anxiety, and anger. Medical note on 8 August 2011 indicated the applicant had a diagnosis of R/O PTSD. In a records review conducted at Arlington, VA on 28 April 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and circumstances surrounding his discharge (i.e. in-service OBH; PTSD symptoms; 100 percent VA disability - PTSD/MDD), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was 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: 21 March 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 March 2012 (2) Basis for Separation: The applicant was informed of the following reasons: failed to report to his appointed place of duty (9 July 2011, 12 and 14 December 2011, and 8, 25, and 27 February 2012); disrespectful in language and deportment toward to two NCOs (18 July 2011); derelict in the performance of his duties (13 September 2011); and, made a false official statement to an NCO (13 December 2011). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 8 March 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 12 March 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 January 2009 / 3 years, 36 weeks b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 116 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25B10, IT Specialist / 3 years, 2 months, 8 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Haiti (17 February 2010 to 5 March 2010), Afghanistan (27 April 2010 to 1 August 2010), Iraq (25 February 2011 to 19 November 2011) f. Awards and Decorations: AAM-2, NDSM, ACM-CS, ICM-CS, GWOTEM, HSM, ASR, OSR, NATOMDL, MUC g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for failing to be at his appointed place of duty at the prescribed time on numerous occasions; being insubordinate towards an NCO; failing to obey an order; lying to two NCOs; Civilian Police Conditions of Release and Release Order, dated 2 December 2009, and Revocation Order when Person Present; Appearance Bond for Pretrial Release; and Affidavit and Revocation Report of Law Enforcement, dated 22 November 2009, indicate the applicant was arrested and cited for driving while impaired and failing to maintain lane control. MP Report, dated 22 November 2009, reports the applicant's arrest by civil authorities for impaired driving off-post and failing to remain right when traveling below legal speed limit on- post. CG Article 15, dated 14 October 2011, for failing to report to his appointed place of duty at the prescribed time (9 July 2011) (a continuation sheet noted is NIF). The punishment consisted of a reduction to E-3 (suspended), forfeiture of $493 (suspended), and 14 days of extra duty. MP Report, dated 20 November 2011, indicates the applicant was the subject of an investigation for impaired driving, revoked driver's license. FG Article 15, dated 30 January 2012, for failing to report to his appointed place of duty at the prescribed time on two separate occasions (14 and 16 December 2011). The punishment consisted of a reduction to E-1, forfeiture of $745 pay per month for two months, 45 days of extra duty, and an oral reprimand. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 6 February 2012, indicates the applicant was diagnosed with (Axis I) Opioid Abuse, Adjustment Disorder with Mixed Disturbance of Emotion and Conduct. A Physical Profile, dated 6 February 2012, also shows he was given a profile for the aforementioned behavioral medical conditions. Report of Medical Assessment, dated 16 February 2012, shows the applicant noted attempted suicide and PTSD, and the examiner noted depression. He was determined appropriate for any administrative action deemed appropriate by his command. Report of Medical History, dated 13 February 2012, indicates the applicant noted behavioral health issues and the examiner noted treatment for the issues. VA Rated Disabilities, dated 1 December 2014, shows the applicant received a 70 percent service-connected disability for PTSD with major depressive disorder and opioid disorder in early remission. VA letter, dated 31 January 2017, shows the aforementioned PTSD disability was increased to 100 percent, effective 2 October 2016. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; VA letter with its Rated Disabilities documents; and two VA letters with its associated documents. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has not been in any trouble and he has maintained an employment. 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 14-12b 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), 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 and documents submitted with his application were carefully reviewed. The record further 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 have been retained on Active Duty. The applicant's contentions that his behavioral health issues involving PTSD and depression led to his discharge, were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues along with notable service-connected post-traumatic stress disorder symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. The applicant contends that he deserves an upgrade due to the sacrifices he made. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, the Board can find that his complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. 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 28 April 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and circumstances surrounding his discharge (i.e. in-service OBH; PTSD symptoms; 100 percent VA disability - PTSD/MDD), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD/RE Code to: No Change 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 AR20160003009 1