1. Applicant's Name: a. Application Date: 28 January 2016 b. Date Received: 14 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, his discharge was the result of hearing a voice telling him to go AWOL and that he was under mental stress because he was going through a divorce. He contends that he has been under doctor/medical care since 2010 due to his condition. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had no mitigating medical or behavioral health conditions for the offenses. A review of the military electronic medical records found no history of behavioral health treatment while in service. Mental Status exam dated 24 July 2007 indicated the applicant did not have a psychiatric diagnosis or condition and was psychiatrically cleared. The Report of Medical History indicated the applicant had trouble sleeping. Lastly, no documentation was provided to support the applicant's contention that he was hearing voices and under mental stress. In a records review conducted at Arlington, VA on 31 May 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: 3 August 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 July 2007 (2) Basis for Separation: On 28 June 2007, the applicant was tried and found guilty by a Summary Court-Martial of, failing to go to his appointed place of duty on several occasions, violation of Article 86, and disobeying a lawful commander from his unit commander, violation of Article 90. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 27 July 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 30 July 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 April 2006 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-3 / 14T10, Patriot Operator/Maintainer / 1 year, 2 months, 2 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Seven Personnel Action forms, dated between 11 June 2007 and 3 August 2007, reflect the applicant's duty status changed as follows: from "Present for Duty (PDY)" to "AWOL," effective 10 June 2007 from "AWOL" to "PDY," effective 12 June 2007 from "PDY" to "AWOL," effective 19 June 2007 from "AWOL" to "PDY," effective 25 June 2007 from "PDY" to "Confinement," effective 28 June 2007 from "Confinement " to "PDY," effective 22 July 2007 from "PDY" to "AWOL," effective 3 August 2007 Summary Court-Martial, dated 28 June 2007, for failure to go to his appointed place of duty (6, 8, and 9 June 2007), AWOL (10 to 12 June 2007 and 19 to 25 June 2007), willfully disobeying a lawful command from his superior commissioned officer (9 June 2007), and willfully disobeying a lawful order from a noncommissioned officer (8 and 10 June 2007). The punishment consisted of reduction to E-1, forfeiture of $867pay, and confinement for 30 days. Report of Mental Status Evaluation, dated 24 July 2007, reflects the applicant had no evidence of any mental disease or defect, which would warrant a disposition through medical/psychiatric channels. He was cleared for nay administrative action deemed appropriated by his command. Counseling statement indicating the initiation of discharge proceedings under the provisions of Chapter 14-12b. i. Lost Time / Mode of Return: 34 days 2 days (AWOL, 10 to 11 June 2007) 6 days (AWOL, 19 to 24 June 2007) 1 day (AWOL, 3 August 2007) 25 days (Confinement, 28 June to 22 July 2007). j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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. 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 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 contends that his discharge was the result of hearing a voice telling him to go AWOL and that he was under mental stress because he was going through a divorce. He contends he has been under doctor/medical care since 2010 due to his condition. The applicant's contentions were noted; however the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service at the time of discharge and he has not submitted any post-service evidence to support the contention that the discharge was the result of any medical condition. Also, while the applicant may believe his stress and medical issues were the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct 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 31 May 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 AR20160009367 4