1. Applicant's Name: a. Application Date: 13 April 2016 b. Date Received: 2 May 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, an upgrade would allow him to receive his benefits. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have a diagnoses that would mitigate his misconduct in the available records. The JLV showed homelessness on the applicant's problem list. The applicant did not have a service-connected disability by the VA in JLV. In a records review conducted at Arlington, VA on 23 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 19 March 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 January 2008 (2) Basis for Separation: The applicant was informed of the following reasons: On 29 June 2007, the applicant failed to be at his appointed place of duty to wit: HHC, 402d BSB area. On 5 September 2007, the applicant failed to be at his appointed place of duty to wit: HHC, 402d BSB area. On 5 September 2007, as a result of wrongful previous overindulgence in intoxicating liquor or drugs, the applicant was incapacitated for the proper performance of his duties On 26 October 2007, the applicant failed to be at his appointed place of duty to wit: 555th Dining Facility. On 30 October 2007, the applicant failed to be at his appointed place of duty to wit: HHC, 402d BSB area. Between 19 November and 20 November 2007, without authority, the applicant was absent from his unit, to wit: HHC, 402d BSB. On 27 November 2007, the applicant failed to be at his appointed place of duty to wit: HHC, 402d BSB area. On 23 December 2007, the applicant failed to be at his appointed place of duty to wit: HHC, 555th Dining Facility. Between 23 December 2007 and 27 December 2007, without authority, the applicant was absent from his unit, to wit: HHC, 402d BSB. On 28 December 2007, the applicant failed to be at his appointed place of duty to wit: HHC, 402d BSB area. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 8 February 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 25 February 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 August 2006 / 4 years, 22 weeks b. Age at Enlistment / Education / GT Score: 21 / GED / 106 c. Highest Grade Achieved / MOS / Total Service: E-2 / 92G10, Food Service Operations Specialist / 1 year, 6 months, 29 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for failing to go to his appointed place of duty at the prescribed time on numerous occasions; being drunk on duty; being in an improper uniform; failing to report for duty on several occasions; having a substandard performance; being AWOL; disobeying a lawful order; Summarized Article 15, dated 25 July 2007, for failing to go to his appointed place of duty at the prescribed time on 29 June 2007. The punishment consisted of 14 days of extra duty and 14 days of restriction (suspended). CG Article 15, dated 11 October 2007, for failing to go to his appointed place of duty at the prescribed time on 5 September 2007, and being incapacitate for his duties on 5 September 2007. The punishment consisted of forfeiture of $303 (suspended), 14 days of extra duty, and 14 days of restriction (suspended). Record of Supplementary Action under Article 15, UCMJ, dated 19 November 2007, vacated the punishment of forfeiture of $303 imposed on 11 October 2007, for failing to be at his appointed place of duty at the prescribed time on 26 October 2007. Mental Status Evaluation, dated 10 January 2008, indicates the applicant was cleared for any administrative actions. i. Lost Time / Mode of Return: 5 days (AWOL: 19 November 2007, and 23 December to 26 December 2007) / Returned to unit j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 16 January 2008, shows that the applicant and the examiner noted behavioral health issues. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 13 April 2016, and VA Forms for statement in support of claim and appointment of veterans service. 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 14-12b 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." "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 record of service, and the issues and documents 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 diminished the quality of his service. 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 contends that an upgrade of his discharge would allow him to receive his benefits, perhaps referring to 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. Although the applicant did not raise any behavioral health issues, a careful review of his record indicates the applicant noted behavioral health symptoms exists. 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 23 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 AR20160008735 1