1. Applicant's Name: a. Application Date: 6 April 2016 b. Date Received: 7 April 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable. The applicant seeks relief contending, in effect, his discharge was improper at the time of discharge as there were diagnoses of impulse control, depression, and bipolar 1 while on active duty from 1998-2005. His new diagnosis of PTSD has been added as there were three or more PTSD symptoms present during his period of active duty. Medical professionals determined it was PTSD, depression, impulse control and bipolar which lead to his behavior and he should have received a medical discharge. His PTSD, Bipolar and impulse control are the reasons for him not being able to control his behavior. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records notes 39 problems (35 VA entered) including PTSD, bipolar disorder, obstructive sleep apnea, shoulder pain, hearing loss, plantar fasciitis, tinea, hypertension, gastroesophageal reflux disease, alcohol dependence and cannabis dependence in remission. The Veterans Affairs has not service-connected the applicant. In a records review conducted at Arlington, VA on 21 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: In Lieu of Trial by Court Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 14 July 2005 c. Separation Facts: No (1) Date Charges Were Preferred: 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: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 February 2001 / 4 years b. Age at Enlistment / Education / GT Score: 42 years / HS Graduate / 106 c. Highest Grade Achieved / MOS / Total Service: E-7 / 79R10, Recruiter / 11B10, Infantryman / 28 years, 3 months, 19 days d. Prior Service / Characterizations: USAR, 26 March 1977 to 20 June 1977 / NA RA, 21 June 1977 to 22 June 1981 / HD USARCG, 23 June 1981 to 17 March 1983 / NA USAR, 18 March 1983 to 17 March 1989 / HD AGR, 9 March 1992 to 1 March 1995 / HD USAR, 2 March 1995 to 9 June 1996 / NA AGR, 10 June 1996 to 9 June 1999 / NA USAR, 10 June 1999 to 8 February 2001 / HD e. Overseas Service / Combat Service: Korea / Germany f. Awards and Decorations: ARCOM, AAM, AGCM-2, NDSM, GWOTSM, KDSM, NOPDR-3, ASR, OSR g. Performance Ratings: November 2000 to September 2003, Among The Best h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: The applicant had three days of lost time (29 September 2004 to 1 October 2004); however, after a careful review of the available record the category of lost time could not be determined. j. Diagnosed PTSD / TBI / Behavioral Health: The applicant submitted numerous pages of mental health documents which diagnosed him with bipolar disorder mixed, chronic PTSD, alcohol abuse, remission for five years, depression and impulse control problem. He was prescribed medications for his condition. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); two DD Forms 214; Circuit Court of Greensville County, document to change applicant's name (three pages); applicant's letter to the ADRB (two pages); Secretary of Defense Supplemental Guidance Memorandum on PTSD (four pages); Charlotte Behavioral Health Associates, Psychological Evaluation, diagnosis of bipolar disorder and PTSD (two pages); PTSD questionnaire (six pages); North Carolina Department of Health and Human Services, Disability Determination Services), Psychiatric Examination, Axis 1 diagnosis pf PTSD, bipolar disorder and alcohol abuse, remission for five years (two pages); Progress Notes, revealed diagnoses of bipolar disorder mixed, chronic PTSD, depression and impulse control problem (57 pages); Outpatient psychiatric evaluation, shows an Axis I diagnosis of bipolar disorder (three pages); Institute for family psychiatry, medication management session (27 pages); VA, certificate of participation; two DA Forms 1059; statement of service; discharge orders D-03-025851; release from active duty orders R-02-100507; and OMPF documents (87 pages). 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 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Army policy states although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 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 the characterization of service from under other than honorable conditions to honorable. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. Barring evidence to the contrary, all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant seeks relief contending, his discharge was improper at the time of discharge as there were diagnoses of impulse control, depression, and bipolar 1 while on active duty from 1998-2005. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this contention. There is no evidence in the available record, nor has the applicant produced any evidence to support the contention that he was improperly discharged. The applicant further contends, his new diagnosis of PTSD has been added as there were three or more PTSD symptoms present during his period of active duty; medical professionals determined it was PTSD, depression, impulse control and bipolar which lead to his behavior and he should have received a medical discharge; and his PTSD, Bipolar and impulse control are the reasons for him not being able to control his behavior. The applicant submitted numerous mental health documents, which revealed he was diagnosed with bipolar disorder mixed, chronic PTSD, alcohol abuse, remission for five years, depression and an impulse control problem; and he was prescribed medications for his conditions. 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 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 his mental health conditions at the time of his discharge were contributing factors to him being unable to control his behavior. If the applicant desires a personal appearance hearing, it is 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. 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 21 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 AR20160007621 4