1. Applicant's Name: a. Application Date: 26 October 2015 b. Date Received: 21 March 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 submitted no issues of equity or propriety to be considered by the board. Per the Board's Medical Officer, based on the information available for review at the time, the applicant does not have a mitigating Behavioral Health Condition for the offenses leading to his discharge from the Army. AHLTA notes indicate that applicant first saw BH while deployed. He presented with complaints of anxiety, depression, decreased concentration and anhedonia. Diagnosed with Adjustment Disorder with Disturbance of Emotions. Psychological testing showed him to have elevated scores in anxiety, depression, paranoia and borderline personality. The examiner recommended he be separated from the Army due to chronic adjustment problems and Personality Disorder NOS. He continued to be followed by BH over the next few months with the diagnosis of Adjustment Disorder. The main theme of his remaining visits was to complain about how unfairly his unit was treating him. At one point, he lodged an IG complaint against his commander. Demonstrated consistent external locus of control. Saw different provider toward end of his time in Army and was diagnosed with Adjustment DO, Pervasive Developmental Disorder and PTSD. It is extremely unclear as to why the PTSD diagnosis was made as there is no documentation in the record of any PTSD symptoms nor is there any documentation of which PTSD criteria he met. VA notes indicate that applicant was NOT diagnosed with PTSD by the VA. They determined that he did not meet criteria for PTSD diagnosis. They noted that his military records indicated an extensive pattern of interpersonal conflict and misconduct in the Army. The VA C&P examiner diagnosed him with Unspecified Personality Disorder with Borderline, Narcissistic and Antisocial traits, predating military service and not related to or exacerbated by military service. In a records review conducted at Arlington, VA on 12 May 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: 6 January 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 28 November 2009 (2) Basis for Separation: The applicant was informed of the following reasons: made a false official statement to a commissioned officer "I am an only child and the only one in his family able to care for his father (between 1 May and 30 May 2009); derelict in the performance of his duties as a Soldier in that he failed to maintain accountability of his ACH and cover and lost them both (15 July 2009) and (between 17 July 2009 and the present); quit his post as guard without being properly relieved as instructed by SFC M (17 July 2009); feigned mental illness and or derangement during a time of war for the purpose of avoiding his duty as a 21B (17 July 2009 to the present); failed to report to his appointed place of duty at his appointed time, to wit; motor pool (5 September 2009); disobeyed a direct order from SSG C. to report at 1030 to the company area (11 September 2009); caught going through file in SFC D's area without orders or permission (between 18 October and 31 October 2009); and, failed to shave IAW AR 670-1 (26 November 2009). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 2 December 2009 and 4 December 2009, the applicant consulted with legal counsel and refused to sign the documents. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 5 December 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 September 2008 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 22 / Associate's Degree / 91 c. Highest Grade Achieved / MOS / Total Service: E-3 / 21B10, Combat Engineer / 1 year, 3 months, 6 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (13 July 2009 to 2 December 2009) f. Awards and Decorations: ACM-CS, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 4 October 2009, for failure to go at the time prescribed to his appointed place of duty (5 September 2009). The punishment consisted of reduction to E-2, forfeiture of $389 for one month (suspended) and 14 days extra duty. The applicant received numerous negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Behavioral Health Evaluation, dated 1 October 2009, reflects the applicant was diagnosed with (Axis I) adjustment disorder, depressed and R/O Post-Traumatic Stress Disorder and (Axis II) borderline intellectual functioning (would need testing to confirm). The applicant was psychiatrically cleared for any administrative action deemed appropriated by his commander to include chapter separation of UCMJ. Report of Behavioral Health Evaluation, dated 21 October 2009, reflects the applicant was diagnosed with (Axis I) adjustment disorder with mixed disturbance of emotion and conduct (chronic) and (Axis II) personality disorder NOS and borderline and depressed traits. The applicant was psychiatrically cleared for any administrative action deemed appropriated by his commander to include chapter separation of UCMJ. Medical Director Memorandum for Record, dated 2 December 2009, indicates that it is of his opinion that the applicant's case could be amended to include adjustment disorder with depressed mood, pervasive disorder of development, mild, and post-traumatic stress disorder. 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 14-12b 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 record of service, the issues and documents 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. 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 submitted no issues of equity or propriety to be considered by the board. 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 12 May 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 Authority to: No Change e. Change SPD / RE Code to: No Change f. 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 AR20160006489 1