1. Applicant’s Name: a. Application Date: 7 March 2016 b. Date Received: 11 March 2016 c. Counsel: Yes 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 went through a series of difficult times after being on multiple deployments in Iraq and Afghanistan, which caused him behavior issues and depression. If he was provided a traditional exit physical, he would have been medically retired. Per the Board's Medical Officer, based on the information available for review at the time, there was insufficient evidence to determine if there was a nexus between a behavioral health or medical condition and the misconduct which led to the applicant’s separation from the Army. The Active Duty electronic military medical records were reviewed and revealed history of treatment for Major Depression, Anxiety, an Adjustment disorder, ADHD, Insomnia, and symptoms of PTSD. There is no full diagnosis of PTSD in AHLTA and although there is information regarding a DUI/Car accident four days post his second deployment, the full basis of separation is not included and therefore a nexus between behavioral health conditions and the misconduct that led to separation action cannot be determined. In a personal appearance hearing conducted at Arlington, VA on 17 October 2016, 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: 6 March 2012 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: 21 February 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 July 2008 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 87 c. Highest Grade Achieved / MOS / Total Service: E-5 / 31B10, Military Police / 10 years, 6 months, 16 days d. Prior Service / Characterizations: RA (21 August 2001 – 14 July 2007) / HD (note that an extended period of this enlistment is NIF) e. Overseas Service / Combat Service: SWA / Iraq (26 June 2006 – 20 September 2007 and 22 August 2009 – 13 March 2010) f. Awards and Decorations: ARCOM-3, AAM-3, AGCM-3, NDSM, GWOTSM, ICM-CS, ASR, OSR-2, CAB g. Performance Ratings: Four NCOERs rendered during period under current review: 1 February 2008 – 26 January 2009, Marginal (RFC) 1 September 2010 – 30 April 2011, Fully Capable 1 May 2011 -16 September 2011, Marginal 17 September 2011 – 5 January 2012, Marginal h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand (GOMOR), dated 4 August 2011, documents the applicant being reprimanded for driving under the influence of alcohol on 16 July 2011. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: PTSD diagnosis and behavioral health history noted throughout the applicant’s medical record (applicant’s submitted evidence), which also refers to medical notes in AHLTA. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 7 March 2016, with DD Form 214 and voluminous medical record. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with this 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 14-12b 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.” “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 FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant’s available record of service, and the issues and document submitted with his application were carefully reviewed. The applicant’s service record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. The record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant’s signature, and the separation authority’s decision memorandum. His contentions on the basis for an upgrade were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service, based on the facts and circumstances of events surrounding his discharge. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. It is noted that the applicant has a personal appearance hearing scheduled, it would be 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. Barring evidence to the contrary, the presumption of government regularity prevails as it appears that 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 he should have been medically retired, but he was not provided a traditional exit physical. However, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. The applicant contends he had behavioral health issues with depression resulting from multiple deployments in Iraq and Afghanistan 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. Based on the available 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. 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: Character reference letters – 5 pages b. The applicant presented no additional contentions. c. Witness: Yes (Friend) 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 17 October 2016, 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 Change 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 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 AR20160005865 5