1. Applicant's Name: Application Date: 30 April 2016 b. Date Received: 2 May 2016 c. Counsel: 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 and a change to the narrative reason for separation to include the reentry eligibility (RE) code. The applicant seeks relief through counsel contending, in effect, his minor infractions that resulted in his discharge were caused in large part by untreated PTSD, which was triggered by family and personal difficulties following the violent shooting death of his father. His problems with alcohol, linked to his mental health issues, adversely affected his ability to serve, which led to the infractions that resulted in his discharge. He is also entitled to relief based on equitable reasons for exemplary post service conduct. His discharge prevents him from obtaining certain veteran benefits that could help him advance further in life. Per the Board's Medical Officer, the applicant- provided medical documentation consists of a Psychological Assessment performed on 14 Feb 2017 by Stephen Reich, PhD. In this assessment, Dr. Reich diagnoses the applicant with Post Traumatic Stress Disorder (PTSD) based on the trauma of his unarmed father being shot to death by police when applicant was 16 years old. Dr. Reich opines that applicant's heavy alcohol use, marijuana use and multiple failures to report while in the Army were all due to his untreated PTSD which began prior to his entry into the Army and continued during his time in the Army. The Agency psychiatrist agrees that applicant may have had EPTS (Existed Prior To Service) PTSD which may have led to his misconduct while on active duty. Therefore, giving the applicant the benefit of the doubt and taking all factors into consideration, it is the opinion of the Agency psychiatrist that the applicant's misconduct is at least partially mitigated by his EPTS PTSD. In a personal appearance hearing conducted at Arlington, VA on 24 July 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, the personal testimony presented, and as a result it is inequitable. The Board found the circumstances surrounding the discharge (i.e. severe family matters, post service diagnosis of PTSD and post service accomplishments) mitigated the discrediting entry in the service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general under honorable conditions and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions) and the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 2 May 2001 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 26 February 2001 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; failure to be at his appointed place of duty x9 (20 September 2000, 16 September 2000, 15 September 2000, 7 September 2000, 21 August 2000, 19 July 2000, 21 September 1999, 20 September 1999, and 11 September 1999); receiving a CG Article 15 dated 10 October 2000, for two accounts of overindulgence in an intoxicating liquor; and receiving a FG Article 15 dated 23 March 2000, for wrongful use of marijuana. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 28 February 2001 (5) Administrative Separation Board: The applicant waived consideration of his case by an administrative separation board. (6) Separation Decision Date / Characterization: 12 April 2001 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 March 1999 / 3 years b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / 121 c. Highest Grade Achieved / MOS / Total Service: E-2 / 13B10, Cannon Crewmember / 2 years, 1 month, 10 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Positive urinalysis test coded US (Unit Sweep), dated 15 November 1999, for THC. Military Police Report dated, 18 January 2000, relates the applicant was under investigation for wrongful use of marijuana. FG Article 15, dated 23 March 2000, for wrongful use of marijuana (15 November 1999); reduction to PVT / E-1, forfeiture of $507 pay for two months, extra duty and restriction for 45 days. A Bar to Reenlistment, dated 5 October 2000; it was reviewed on 29 January 2001 and not recommended for removal. Summarized Article 15, dated 10 October 2000, for failure to report to formation on time for major FTX; extra duty for 14 days. CG Article 15, dated 10 October 2000, for as a result of wrongful previous overindulgence in intoxicating liquor or drugs incapacitated for the proper performance of his duties x2 (7 August 2000 and 30 August 2000); reduction to PVT / E-1, forfeiture of $234 pay for one month and extra duty for 14 days. Report of Mental Status Evaluation, shows the applicant was psychiatrically cleared for any administrative action deemed appropriate by command. The applicant received numerous negative counseling statements for various acts of misconduct; pending separation action and initial / several monthly counseling statements. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: D.Z. MD, psychiatric evaluation, dated 27 January 2010, revealed that the applicant had an Axis I diagnosis an adjustment disorder. Affidavit, Dr. S.R. PH.D., PC, dated 14 February 2017, relates that the applicant was diagnosed with PTSD, child affected by parental relationship distress and alcohol use disorder, moderate. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages) and a letter, Urban Justice Center (two pages). Additional documents 1; e-mail; letter; Dr. S.R., with his affidavit (six pages); Dr. S.R., curriculum vitae (three pages); D.Z. MD, psychiatric evaluation (four pages); attorney's letter with brief (ten pages); personal appearance notification response form; letter, Secretary of Defense supplemental guidance for veterans claiming PTSD and TBI (three pages); enlistment contract (two pages) and a transcript, Queensborough Community College (two pages) and OMPF documents (131 pages); Additional Documents 2, attorney's letter to COL C; and US Senator's letter to the DASA; Additional Documents 3, letter, US Department of Justice, Federal Bureau of Investigation; and applicant's mother's letter to the Army Discharge Review Board (two pages). 6. POST SERVICE ACCOMPLISHMENTS: The applicant states he re-enrolled at Queensborough College, and he graduated with an associate degree in music technology. Following graduation, he went to work doing freelance music production at small studios. He worked as a sales representative at B.E.S. Associates canvassing to sell vacuums, building leads for the sales teams and assisting new hires in creating product presentations. He maintained steady employment and participates in an apprenticeship program for sheet metal work. He is also acquiring the practical skills necessary to one day establish a business similar to what he once co-operated with his grandfather. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. 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 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 the characterization of service from under other than honorable conditions to honorable and a change to the narrative reason for separation to include the reentry eligibility (RE) code. The applicant's record of service, the issues and document 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. By the documented pattern of misconduct, the applicant diminished the quality of his service below that meriting a general (under honorable conditions) or an honorable discharge at the time of separation. The applicant provided no independent corroborating evidence demonstrating either the command's action was erroneous or the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant requested a change to the narrative reason for separation. 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 regulation further stipulates that no deviation is authorized. The SPD Code/RE Code Cross Reference Table shows a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. The applicant seeks relief contending, his minor infractions that resulted in his discharge were caused in large part by untreated PTSD, which was triggered by family and personal difficulties following the violent shooting death of his father. 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 PTSD caused his misconduct. The applicant further contends, his problems with alcohol, linked to his mental health issues, adversely affected his ability to serve, which led to the infractions that resulted in his discharge. He had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant also contends, he is also entitled to relief based on equitable reasons for exemplary post service conduct. The applicant's post-service accomplishments have been noted as outlined on the attorney's brief. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The applicant additionally contends, his discharge prevents him from obtaining certain veteran benefits that could help him advance further in life. 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 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents. b. The applicant presented no additional contentions. c. Witness(es) / Observer(s): 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 24 July 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, the personal testimony presented, and as a result it is inequitable. The Board found the circumstances surrounding the discharge (i.e. severe family matters, post service diagnosis of PTSD and post service accomplishments) mitigated the discrediting entry in the service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general under honorable conditions and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions) and the separation code to JKN. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a d. Change SPD / RE Code to: Change SPD to JKN / No change to RE code 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 AR20160008979 7