1. Applicant's Name: a. Application Date: 21 April 2016 b. Date Received: 9 May 2016 c. 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable and that his rank be reinstated. The applicant seeks relief contending, in effect, that he was an E-5 and has lost all of his rank while receiving a bad discharge. He contends he was diagnosed with PTSD and is still receiving treatment from a civilian psychiatrist as the VA has also terminated his healthcare benefits. He believes Operation Iraqi Freedom and Operation Enduring Freedom, two tours of combat, and being a Cavalry Scout, caused his drinking so he could sleep as he had 20 hour shifts, self- medicating, and nightmares. Per the Board's Medical Officer, based on the information available for review at the time, case file, AHLTA and JLV were reviewed. Based on the available information, the applicant has a Behavioral Health disorder, PTSD, which is mitigating for the offenses of Failure to Report. As PTSD is associated with avoidant behaviors, there is a nexus between the applicant's PTSD and the two offenses of Failure to Report. In a records review conducted at Arlington, VA on 8 November 2017, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, severe family matters, a prior period of honorable service the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of PTSD and OBH) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. (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-4 / Under Other Than Honorable Conditions b. Date of Discharge: 12 December 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 September 2005 (2) Basis for Separation: The applicant was informed of the following reasons: failing to honor a check and maintain funds; Committing adultery by having sexual intercourse with a woman not his wife; Injuring himself with intent to avoid duty on 18 June 2005; Breaking restriction on 28 June 2005, 23 July 2005, 19 August 2005, and 30 August 2005; and Failing to report on time to his appointed place of duty on 24 September 2004 and 22 June 2005 (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: On 13 September 2003, the applicant request consideration of his case by an administrative separation board. (5) Administrative Separation Board: On 21 November 2005, the Board by unanimous decision determined there was sufficient evidence that the applicant broke restriction on 28 June 2005, 23 July 2005, 19 August 2005, and 30 August 2005 and that he failed to report on time to his appointed place of duty on 24 September 2005 and 22 June 2005. The Board recommended the applicant be discharged with a characterization of service of under other than honorable conditions. (6) Separation Decision Date / Characterization: 5 December 2005 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 September 2004 / NIF b. Age at Enlistment / Education / GT Score: 24 / GED / 105 c. Highest Grade Achieved / MOS / Total Service: E-5 / 19D10, Cavalry Scout / 5 years, 10 months, 11 days d. Prior Service / Characterizations: USAR, 2 February 2000 to 23 February 2000 / NA ADT, 24 February 2000 to 30 June 2000 / UNC USAR, 1 July 2000 to 23 October 2000 / NA RA, 24 October 2000 to 22 September 2004 / HD e. Overseas Service / Combat Service: SWA / Kuwait (3 December 2001 to 6 May 2002) and Kuwait / Iraq (8 April 2003 to 8 March 2004) f. Awards and Decorations: ARCOM, AAM-4, AGCM, NDSM, AFEM, NOPDR, ASR, GWOTEM, GWOTSM, ICM g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated, 11 August 2005 which shows the applicant met the retention standards prescribed in Chapter 3, AR 40-501 and there was no psychiatric disease or detect that warrant disposition through medical channels. The applicant was mentally responsible, able to distinguish right from wrong and adhere to the right, and had the mental capacity to understand and participate in board proceedings. The applicant was cleared for any administrative action deemed appropriated by his command. The applicant received several negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Independent medical documents submitted by the applicant shows he was diagnosed with an Axis I for Post-Traumatic Stress Disorder and that he was receiving treatment. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 in lieu of DD Form 293; Problems List; documents showing diagnosis of PTSD; and private psychology notes. 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 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. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service 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 a mental health condition, including PTSD; TBI; or sexual assault/harassment 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 characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors 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. Caution shall be exercised 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 under other than honorable conditions discharge to honorable. The applicant's record of service, the issues and documents 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. 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 seeks relief contending he was diagnosed with PTSD and is still receiving treatment from a civilian psychiatrist as the VA has also terminated his healthcare benefits. He believes Operation Iraqi Freedom and Operation Enduring Freedom, two tours of combat, and being a Cavalry Scout, caused his drinking and self-medicating. The applicant's contentions were noted along with the independent evidence submitted by the applicant; however, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition or that he was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. The applicant also requests that his rank be reinstated. However, this issue does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. It should be noted; the service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, the reentry code as 4. The discharge packet confirms the separation authority approved the discharge by reason of pattern misconduct. Soldiers processed for pattern of misconduct will be assigned an SPD Code of JKA and an RE Code of 3. 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 8 November 2017, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, severe family matters, a prior period of honorable service the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of PTSD and OBH) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / Change to RE code to 3 f. Restore 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 AR20160009067 1