1. Applicant's Name: a. Application Date: 28 March 2016 b. Date Received: 1 April 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 and to change the narrative reason for his discharge. The applicant seeking relief contending, in pertinent part and in effect, an upgrade would allow him to use his educational benefits. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had no mitigating medical or behavioral health conditions for the offenses. A review of the military electronic medical records found the applicant was seen by Combat Stress four times while deployed. In December 2008, the applicant reported suicidal ideation, but later reported he made the statement because he needed an excuse to be returned home early. On 8 January 2009, the applicant was referred for a CDE due to decreased work performance and concern for psychotic symptoms. During evaluation the applicant refused to answer questions or repeated that he was just waiting to go on leave. He denied accusations that he told others he was hearing voices. He was diagnosed with an Adjustment Disorder and Anti-social, passive-aggressive personality traits. Medical note, dated 17 March 2009, indicated the applicant was being chaptered out due to inappropriate behavior in theater to include attacking another person, threatening an officer, impulsively purchasing three work computers and then destroying them, destroying his own clothes but blaming it on others, disobeying leadership, displaying inappropriate conduct in an airport, attacking an escort by spilling coffee on them, and having a negligent discharge. Medical note, dated 18 March 2009, indicated the applicant was diagnosed with Bipolar Disorder NOS which was noted to be a provisional diagnosis to rule/out underlying loss of touch with reality. Provider determined the applicant was safe to be involved in administrative separation process. On 5 February 2009, while incarcerated, the applicant received a psychiatric evaluation due to angry, threatening, and uncooperative behaviors. He was again diagnosed with an Adjustment Disorder and Anti-social, passive- aggressive personality traits and was considered Fit for Duty. In a records review conducted at Arlington, VA on 9 June 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 23 March 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 February 2009 (2) Basis for Separation: The applicant was informed of the following reasons: failing to be at his appointed place of duty at the prescribed time on 26 December 2008 and 10 January 2009; disobeying a commissioned officer on 11 January 2009; and disobeying his first sergeant, and another NCO on two separate occasions. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 24 February 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 6 March 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 October 2008 / Not to Exceed 398 days, per MOB Orders 240-066, dated 27 August 2008 b. Age at Enlistment / Education / GT Score: 21 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 25U10, Signal Support Systems Specialist / 2 years, 4 months, 18 days d. Prior Service / Characterizations: ARNG (13 October 2006 to 6 November 2006) / NA IADT (7 November 2006 to 20 June 2007) / HD ARNG (21 June 2007 to 17 August 2008) / NA (Continuous Service) e. Overseas Service / Combat Service: SWA / Iraq (2 October 2008 to 8 March 2009) f. Awards and Decorations: NDSM; ICM-CS; GWOTSM; ASR; AFRM-M DEV g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Memorandum for Record, dated 19 November 2008, subject: Investigating Officer's Findings and Recommendations on Commander's Inquiry into an alleged Negligent Discharge on COB Q-West, on 10 November 2008, reported finding that the applicant's negligent discharge was the direct result of his insufficient training on the weapon system, and made recommendations for remedial training, and a 100 percent unit assurance of crews and alternate crews are sufficiently trained and qualified to operate their assigned weapon systems. Negative counseling statements for lacking discipline and respect; failing to be at his appointed place of duty at the prescribed time on numerous occasions; failing to render proper courtesy and respect; and being negligent, irresponsible, and unwilling in the performance of his duties. Summarized Article 15, dated 1 December 2008, for the applicant negligently discharging his weapon on 10 November 2008. The punishment consisted of 7 days of restriction (suspended) CG Article 15, dated 9 January 2009, for failing to go to his appointed place of duty at the prescribed time on 26 December 2008. (Punishment NIF) Record of Supplementary Action under Article 15, UCMJ, dated 9 January 2009, vacated the suspended punishment of 7-day restriction imposed on 1 December 2008, based on the applicant being disrespectful in language and deportment toward CPT H, his superior commissioned officer on 27 December 2008. Report of Result of Trial and its associated documents indicate that on 26 January 2009, the applicant was found guilty of the following charges in a summary court-martial: Charge I: two specifications of violating Article 86, UCMJ, for failing to go to his appointed place of duty at the prescribed time on 26 December 2008 and 10 January 2009 Charge II: Violation of Article 90, UCMJ, disobeying a commissioned officer on 11 January 2009 Charge III: two specification of violating Article 91, UCMJ, for disobeying his first sergeant on 11 January 2009, and disobeying an NCO on 11 January 2009 The adjudged sentence consisted of a reduction to E-1, forfeiture of $933 pay for one month, and 30 days of confinement. i. Lost Time / Mode of Return: 24 days (Military confinement pursuant to a summary court-martial sentence: 26 January 2009 to 18 February 2009) / NA j. Diagnosed PTSD / TBI / Behavioral Health: Mental Status Evaluation Report, dated 18 February 2009, indicates the applicant was diagnosed as "Axis I: 309.3 Adjustment Disorder with Disturbance of Conduct, Acute," and "Axis II: Antisocial Personality Disorder Traits." 5. APPLICANT-PROVIDED EVIDENCE: DD Form 193 (Application for the Review of Discharge), dated 28 March 2016. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" 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." "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 and to change the narrative reason for his discharge. The applicant's available record of service and the issues submitted with his application were carefully reviewed. The record 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. By the incidents of misconduct, the applicant knowingly risked a military career and marred the quality of his service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty or in the Army National Guard. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, 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 applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635- 5-1 for a discharge under Chapter 14, paragraph 14-12c is "Misconduct (Serious Offense)," and the separation code is JKQ. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Although the applicant did not raise any behavioral health issues, a careful review of the available record indicates the applicant's behavioral health issues symptoms existed. 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 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. The character of the applicant's discharge is commensurate with his overall service 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 9 June 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 AR20160007230 5