1. Applicant's Name: a. Application Date: 16 May 2016 b. Date Received: 13 June 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, due to his PTSD symptom, he made a casual mistake while deployed in Iraq. Treatment and therapy through VA has helped him with his PTSD. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has a mental health condition-PTSD- which mitigates some of his offenses. As PTSD is associated with the use of substances to self-medicate symptoms, there is a nexus between his PTSD and the offense of marijuana use. It is not mitigating for the offense of attempted larceny and wrongful appropriation of a debit card. In a records review conducted at Arlington, VA on 12 July 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 14 June 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 May 2006 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant tested positive for marijuana on 1 November 2005, and received a FG Article 15 on 30 December 2005. He was apprehended near LSA Anaconda, Iraq, for attempted larceny of merchandise of about $534 and for wrongful appropriation of a debit card on 29 January 2006, for which he received a FG Article 15 on 10 March 2006. His continued acts of serious misconduct was inconsistent to Army Values and the standards of performance, discipline, and readiness necessary to accomplish the Army's mission. He displayed no potential for improvement or to succeed in the military. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 30 May 2006 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 31 May 2006 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 May 2003 / 3 years b. Age at Enlistment / Education / GT Score: 21 / GED / 84 c. Highest Grade Achieved / MOS / Total Service: E-4 / 21C10, Bridge Crewmember / 3 years, 18 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: Korea, SWA / Iraq (14 November 2005 to 1 May 2006) f. Awards and Decorations: AAM; NDSM; ICM; GWOTSM; KDSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Electronic Copy of DD Form 2624, dated 14 November 2005, reflects that the applicant tested positive for marijuana during a urinalysis testing on the basis of "Inspection, Unit" (IU) conducted on 1 November 2005. Negative counseling statement for testing positive for marijuana during a unit urinalysis. FG Article 15, dated 30 December 2005, for violating Article 112a, UCMJ, by wrongfully using marijuana between 1 October 2005 and 1 November 2005. The punishment consisted of a reduction to E-1, forfeiture of $617 pay per month for two months, and 45 days of extra duty and restriction. MP Report, dated 29 January 2006, indicates the applicant was the subject of an investigation for larceny of private property x 2, and making a false official statement. MP Report, dated 1 February 2006, for larceny of private property, attempted larceny of private property, conspiracy, and false official statement. FG Article 15, dated 10 March 2006, for violating Article 80, UCMJ, for attempting to steal merchandise, property of AAFES on 29 January 2006, and Article 121, UCMJ, for wrongfully appropriating a debit card, property of SPC S on 29 January 2006. The punishment consisted of forfeiture of $636 pay per month for two months; 45 days of extra duty and restriction, and a written reprimand. Report of Mental Status Evaluation, dated 4 May 2006, indicates the applicant was cleared for separation as deemed appropriate by his chain of command. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 17 May 2006, indicates the applicant noted behavioral health issues, and the examiner noted that the applicant claimed PTSD from Iraq. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149, Application for Correction of Military Record, dated 16 May 2016; DD Form 214 with discharge orders; pre-separation counseling checklist; and ERB. 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 14-12c 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 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 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 serious 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's contentions regarding his behavioral health issues which involved PTSD symptoms, were carefully considered. A careful review of the 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. 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 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 AR20160011243 1