1. Applicant's Name: a. Application Date: 4 April 2016 b. Date Received: 11 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. The applicant seeks relief contending, in effect, he had serious issues with PTSD, including a divorce that affected him mentally. The applicant states he was struggling to perform his duties on a daily basis. He acted out (cries for help) and has since been receiving treatment. He tried to consult with his chain of command to get treatment, but they looked down on him. Instead, he was stuck on 24-hour staff duty and not training to teach students. He has always stood out among his peers with school. He was also diagnosed with a personality disorder and border-line bipolar, in addition to PTSD in 2012. Since his discharge, he received his bachelor's degree. He is unable to find stable employment due to his current discharge. Per the Board's Medical Officer, based on the information available at this time, the applicant has several Behavioral Health Conditions which are mitigating for the offenses which led to his separation from the Army. The applicant was diagnosed with PTSD, Major Depressive Disorder, Mood Disorder NOS and mild TBI while in the Army. He has been found to be 100 percent service connected by the VA (30 percent service connected for PTSD and 10 percent service connected for TBI). AHLTA notes document a letter from his former company commander outlining the applicant's accomplishments while he was deployed to Iraq: "Sgt Brown is characterized as an outstanding, hard-working soldier...and served bravely in a tour where his company suffered high numbers of casualties. His company had 14 killed and 33 wounded. They came across 6-10 murdered civilian Iraqis daily. He regularly volunteered to clean the blood out of vehicles with water bottles and scrub brushes (including when they had contained the bodies of his close friends). He engaged in an extensive three hour fire-fights that killed 38 insurgents while being attacked by direct fire, grenades and RPGs. SGT Brown had an insurgent grenade detonate on his HMMWV and was present when several other grenades were hurled near him, some detonating. He was present when his close friend intentionally covered a grenade with his body, saving several Soldiers but sacrificing his life. SGT Brown helped remove the body and clean the vehicle." The AHLTA note goes on to say "The letter outlines details of several traumatic events in which SGT Brown was present and helped evacuate the wounded or remove the dead. One especially traumatic incident involved an IED explosion that instantly dismembered four US soldiers and burned alive another soldier. The service member (SGT Brown) witnessed many very violent deaths, frequently involving bodies being blown apart or burning to death". It is not surprising that SGT Brown developed PTSD after experiencing the above traumatic events. As PTSD is associated with avoidant behaviors, there is likely a nexus between the applicant's PTSD and the offense of failing to go to his appointed place of duty at the prescribed time. As PTSD is associated with anger and difficulty dealing with authority figures, there is likely a nexus between the applicant's PTSD and the offense of disobeying a commissioned officer. Review of his military medical records indicate that the applicant also suffered from mood swings, insomnia, increased irritability and excessive spending. The record documents that the applicant reported in March 2013 that he had accumulated over $24,000 in debt over a several month period after his wife left him. During this time, the record documents that he traveled extensively, stayed in expensive hotels and made many unnecessary purchases. In June 2013, he declared bankruptcy. He did not meet full criteria for Bipolar Disorder while in the military and was diagnosed with Mood Disorder NOS. However, after leaving the military, he did meet full criteria and was diagnosed with Bipolar Disorder I, most recent episode manic by the VA. The manic stage of Bipolar Disorder is characterized by insomnia, excessive irritability, mood swings, poor impulse control, grandiose ideation, poor frustration tolerance and excessive involvement in activities that have a high potential for painful consequences such as engaging in unrestrained spending sprees, excessive traveling, impulsively breaking the law for offenses such as shoplifting, stealing, illegal stock trading, etc. Manic individuals who are not being treated often declare bankruptcy several times during their lives. Accordingly, the applicant's offenses of stealing military property, stealing a Military Star Card and stealing private funds of $1273.00 were more likely than not behaviors that occurred as a result of the applicant being in the manic state of Bipolar Disorder. Therefore, these offenses are mitigated by the diagnosis of Bipolar Disorder, most recent episode manic. In a records review conducted at Arlington, VA on 10 February 2017, and by a 3-2 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: 4 October 2013 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: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 February 2009 / 5 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-6 / 11B18, 6B 5U Infantryman / 8 years, 7 days d. Prior Service / Characterizations: RA, 28 September 2005 to 8 February 2009 / HD e. Overseas Service / Combat Service: Germany, SWA / Iraq (5 August 2006 to 21 October 2007 and 1 December 2008 to 17 June 2009) f. Awards and Decorations: ARCOM-6, AAM-4, AGCM-2, NDSM, ICM-3CS, GWOTSM, NCOPDR-2, ASR, OSR-2, CIB, MUC, USA/USAF PUC g. Performance Ratings: Three NCOERs: 10 March 2010 thru 9 March 2011, Among the Best 10 March 2011 thru 9 March 2012, Among the Best 10 March 2012 thru 9 March 2013, Marginal h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 11 March 2013, for stealing military property, of a value of more than $500 (2 December 2012), disobeying a commissioned officer (20 December 2012), and failing to go to his appointed place of duty at the prescribed time (2 January 2013). The punishment consisted of a reduction to E-5, forfeiture of $1,353 pay per month for two months (suspended), and 45 days of extra duty and restriction. (Includes allied documents consisting of negative counseling statement, MP Report, and ERB) FG Article 15, dated 25 September 2013, for stealing a Military Star Card, value of $500 or less, property of SFC P (7 September 2013) and stealing private funds, $1,273, property of SFC P (17 September 2013). The punishment consisted of a reduction to E-4, forfeiture of $1,201 pay per month for one month, and 3 days of extra duty. (Includes allied documents consisting of negative counseling statements, MP Report, and an ERB) Discharge Orders, dated 23 September 2013 i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Applicant's documentary evidence: Draft Behavioral Health Report for IDES documents behavioral health issues, and as diagnoses not meeting retention standards, PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 214; two NCOERs (20100310 thru 20110309 and 20110310 thru 20120309; Draft Behavioral Health Report IDES, dated 28 June 2013; Outpatient Consultation, dated 7 August 2012; Patient Progress Notes, dated 21 May 2013; and Consultation Note, dated 29 March 2013. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has received his Bachelor's Degree. 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 available record of service, and 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. However, the applicant's 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. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 14, paragraph 14-12b, AR 635-200, by reason of pattern of misconduct, with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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 regarding his behavioral health issues which involved having been diagnosed with PTSD, 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 he always stood out among his peers. In consideration of his service accomplishments and quality of his service prior to the incidents of misconduct, and his post- service accomplishments, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. If the applicant desires a personal appearance hearing, it will 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. 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 10 February 2017, and by a 3-2 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 SPD / RE Code to: No Change e. 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 AR20160008092 4