1. Applicant's Name: a. Application Date: 29 May 2016 b. Date Received: 13 June 2016 c. Counsel: None d. Prior Records Review: 12 August 2011 (AR20110013611) 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable, and to change the narrative reason for his discharge. The applicant seeks relief contending, in pertinent part and in effect, his mental health was not good when he "was bullied out of the military." He was prevented from pursuing a medical board but was discharged unjustly. He needs help with his mental health issues. He is collecting social security for his disability/illness, and works part time for Goodwill Industries. He is receiving medical coverage through Medicare and continuing his mental health care with Sunrise Services. He requests his discharge to be changed to medical. He was suffering from PTSD, depression, and mental stress. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has a mitigating Behavioral Health condition - PTSD for the offenses leading to his discharge from the Army. As PTSD is associated with use of illicit drugs to self-medicate symptoms, there is a nexus between his PTSD and marijuana use. As PTSD is associated with avoidant behaviors, there is a nexus between his PTSD and going AWOL. As PTSD is associated with difficulty with authority figures and oppositional behaviors, there is a nexus between his PTSD and disobeying a lawful order and violating a general regulation. In a records review conducted at Arlington, VA on 12 July 2017, and by a 5-0 vote, the Board found the overall length and quality of the applicant's service, to include his combat service, his prior period of honorable service, and the circumstances surrounding his discharge (i.e. severe PTSD - combat related and major depression with psychotic features) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes 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: Misconduct (Drug Abuse) / AR 635- 200, Paragraph 14-12c(2) / JKK / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 7 July 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 April 2010 (2) Basis for Separation: The applicant was informed of the following reasons: On 13 January 2010, the applicant tested positive for marijuana - misconduct, abuse of illegal drugs. On several occasions, the applicant was absent from his place of duty from 10 September 2008 to 5 January 2009, 27 January 2009 to 26 May 2009, 17 July 2009 to 3 August 2009, and 26 September 2009 to 1 October 2009. On divers occasions, between 4 July 2009 and 12 January 2010, he failed to go to his appointed place of duty at the prescribed time. On 6 February 2009, he was found in possession of marijuana and paraphernalia. Additionally, on 12 January 2010, he willfully disobeyed a lawful order. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 26 April 2010, with conditional waiver request (5) Administrative Separation Board: NIF (The record shows the separation authority referred the applicant's case to an administrative separation board; however, there is no further record of the board's findings and recommendations.) (6) Separation Decision Date / Characterization: 29 June 2010 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 December 2007 / 5 years b. Age at Enlistment / Education / GT Score: 17 / GED / 117 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 11 months, 26 days d. Prior Service / Characterizations: RA (14 September 2005 to 14 December 2007) / HD e. Overseas Service / Combat Service: SWA / Iraq (31 October 2006 to 20 December 2007) f. Awards and Decorations: AGCM; NDSM; ICM-2CS; GWOTSM; ASR; OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: DA Form 4187 (Personnel Action), dated 21 July 2007, indicates the applicant was approved to be advanced to E-4/SPC with waiver, effective 1 August 2007. DD Form 2624, undated, reflects that the applicant tested positive for marijuana during a urinalysis testing on the basis of "Inspection, Unit" (IU) conducted on 13 January 2009. MP Report, dated 19 February 2009, indicates the application was the subject of an investigation for possession of drug paraphernalia. Negative counseling statements for failing to be at his appointed place of duty at the prescribed time on multiple occasions; being AWOL; disobeying an NCO; disobeying a commissioned officer; and disrespecting an NCO. FG Article 15, dated 20 October 2009, for absenting himself from his place of duty with authority on four separate occasions on 16 October 2008 until 17 October 2008, 27 January 2009 until 26 May 2009, 16 July 2009 until 17 July 2009, and 17 July 2009 until 3 August 2009, and for failing to go to his appointed place of duty at the prescribed time on two separate occasions on 17 August 2009, and 13 August 2009. The punishment consisted of a reduction to E-1, forfeiture of $699 pay per month for one month, 45 days of extra duty and restriction. FG Article 15, dated 17 December 2009, for failing to go to his appointed place of duty at the prescribed time on five separate occasions on 24 November 2009, 31 October 2009, and 25, 26, and 28 November 2009. The punishment consisted of forfeiture of $699 pay per month for two months, 45 days of extra duty (suspended), and 45 days of restriction. Charge Sheet shows the following charges were preferred on 10 March 2010, and referred to a summary court-martial on 20 March 2010: Charge I: Violation of Article 86, UCMJ, for absenting himself from his place of duty without authority between 21 December 2009 and 8 January 2010. Charge II: Violation of Article 91, UCMJ, for disobeying an NCO on 12 January 2010. Charge III: Violation of Article 92, UCMJ, for violating a lawful general regulation on 8 January 2010. Report of Result of Trial shows that on 17 March 2010, the applicant was found guilty of Charges I through III. The sentence consisted of forfeiture of $964 pay per month for one month, and 30 days of confinement. Confinement Order show the applicant was confined on 17 March 2010, pursuant to the aforementioned summary court-martial sentence. Report of Medical Assessment, dated 29 October 2009, shows the applicant noted not being treated for PTSD i. Lost Time / Mode of Return: 272 days (AWOL: (10 September 2008 to 4 January 2009, for 89 days), (27 January 2009 to 25 May 2009, for 118 days), (16 July 2009 to 2 August 2009, for 18 days), (29 September 2009 to 30 September 2009, for two days), military confinement (17 March 2010 to 10 April 2010 for 24 days), and AWOL (17 June 2010 to 7 July 2010) / Mode of return NIF, for each absences j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 28 October 2009, indicates the applicant and the examiner noted behavioral health issues. Report of Medical Examination, dated 29 October 2009, indicates the applicant had a history of behavioral health issues. Physical Profile, dated 8 December 2009, shows the applicant was issued a temporary profile for Major Depression with psychotic features. Report of Mental Status Evaluation, dated 11 December 2009, indicates the applicant was being treated for behavioral health issues. Psychiatry Discharge Summary, dated 13 February 2013, shows diagnoses of "Axis I: Schizophrenia, paranoid, PTSD, Depressive disorder NOS (r/o MDD vs Schizoaffective). 5. APPLICANT-PROVIDED EVIDENCE: Two DD Forms 149 (Applications for Correction of Military Record), dated 29 May 2016 and 29 December 2014, with self-authored statement; Social Security letter, dated 5 May 2015; Harborview Medical Center cover letter, dated 6 March 2015, with seven pages of Psychiatry Discharge Summary; VA letter, dated 7 November 2012; Sunrise Services letter, dated 17 September 2014; applicant's letter, dated 2 June 2011; applicant's congressional letter, dated 19 September 2012; honorable discharge certificate; promotion certificate with DA Form 4187, dated August 2007; two Order of Combat Spur certificates, dated 1 and 2 December 2007; OIF picture; MEB Consultation, dated 13 January 2010; applicant-mother's two statements; two VA letters and its associated documents, dated 30 March 2016 and 4 August 2015, with treatment records; DD Form 214 and discharge orders; dental records; Report of Medical History, dated 28 October 2009; Physical Profile, dated 9 December 2009; Pre-separation counseling checklist; enlistment documents; separation packet; and Record of Inpatient Treatment record, dated 20 June 2009. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, he works part time for Goodwill Industries. 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 14-12c(2) terms abuse of illegal drugs as serious misconduct. It continues; however, by recognizing relevant facts may mitigate the nature of the offense. Therefore, a single drug abuse offense may be combined with one or more minor disciplinary infractions or incidents of other misconduct and processed for separation under paragraph 14-12a or 14-12b as appropriate. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" 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 under other than honorable conditions discharge to honorable, and to change the narrative reason for his discharge. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. After carefully reviewing the application, the service record reflects that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14-12c(2), block 26 separation code as "JKK," block 27 reentry code as "4," and block 28, narrative reason for separation as "Misconduct." Therefore and as approved by the separation authority, the following administrative corrections are recommended: a. block 25, separation authority to AR 635-200, Chapter 14-12c; b. block 26, separation code to JKQ; c. block 27, reentry code to 3; and d. block 28, reason for separation to Misconduct (Serious Offense). The record further 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 serious incidents of misconduct, the applicant knowingly risked a military career and marred the quality of his service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence 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 he was prevented from pursuing a medical board prior to being unjustly discharged; however, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. The applicant's contentions regarding his behavioral health issues which involved suffering from PTSD, depression, and mental stress, 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. In consideration of the applicant's post-service accomplishments, the Board can find that his accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635- 5-1 for a discharge under Chapter 14, paragraph 14-12c is "Misconduct (Serious Offense)," and the separation code is JKQ, as approved by the separation authority. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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 12 July 2017, and by a 5-0 vote, the Board found the overall length and quality of the applicant's service, to include his combat service, his prior period of honorable service, and the circumstances surrounding his discharge (i.e. severe PTSD - combat related and major depression with psychotic features) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes 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 AR20160011216 2