1. Applicant's Name: a. Application Date: 27 July 2016 b. Date Received: 4 August 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, he incurred a TBI while he was on active duty. He provides medical documents to support his contention and show that he is still being treated for the condition. He states, he hit his head during combative training being slammed to the ground. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant had a medical or behavioral health condition that was mitigating for the offenses which led to his separation from the Army. Military medical records indicated SM had a diagnoses of Adjustment Disorder with Depressed Mood, Rule/Out Psychotic Disorder, Insomnia, and Post-Traumatic Headache Chronic. Medical records indicated SM was prescribed several sleep medication, with little to no reported improvement. Negative counseling statement dated 5 March 2015 indicated SM failed to show at his appointed place of duty with the reason being he was on the phone with suicide prevention. Although SM agreed with the counseling statement, he noted being "under duress" at the time. Counseling statement dated 29 April 2015 for being late to formation indicated SM reported being sick and having side effects from medication. Medical record dated 9 December 2014 indicated SM was seen for a TBI screening and completed the ANAM cognitive assessment test. He scored in the clearly below average range and had delayed reaction and processing times. Although a memo from SMs NCOIC dated 12 December 2014 indicated SM tested negative for TBI, he continued to experience headaches, nausea, difficulty focusing, and depressive symptoms to include anhedonia, tearfulness loss of energy, poor sleep, loss of memory, and periods of "spacing out". Medical note dated 24 September 2015 indicated SM was cleared from neurology for discharge, but that his post-traumatic headaches (attributed to hitting head in combatives) and sleep problems may have affected his ability to adhere to appointments and schedules. In summary, SMs mild traumatic brain injury and cluster of depressive symptoms can be associated with his minor infractions; therefore, his behavioral health condition was mitigating for the offenses which led to his separation from the Army. In a records review conducted at Arlington, VA on 13 October 2017, the Board determined that the characterization of service was too harsh based on the applicant's length of service and the circumstances surrounding the discharge (i.e. in-service diagnosis of TBI and OBH issues), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. . (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Minor Infractions) / AR 635-200 / Chapter 14-12a / JKN / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 17 November 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 October 2015 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 15 September 2015, he was late to extra duty and was found asleep while on extra duty. On or about 3 September 2015, he missed a physical therapy appointment. On or about 5 March 2015, he failed to be at first formation. On or about 12 February 2015, he failed to pay a debt of $30.00. On or about 29 January 2015, his room was unclean and had an unsanitary smell to it. On or about 9 December 2014, 5 December 2014 and on or about 4 December 2014, he failed to be at his appointed place of duty. On or about 2 December 2014, he failed to have his PT belt for PT. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 22 October 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 13 November 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 September 2012 / 4 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-3 / 25N10, Nodal Network Systems / 3 years, 2 months, 1 day d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 18 May 2015, failing to go at the time prescribed to his appointed place of duty (5 March, 14 and 29 April 2015). The punishment consisted of a reduction to E-2 (suspended); forfeiture of $404 (suspended); and, extra duty and restriction for 14 days (suspended). On 9 September 2015, the suspended punishment was vacated. The vacation was based on the applicant failing to go at the time prescribed to his appointed place of duty on 3 September 2015. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 25 September 2015, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with Phase of Life Problem (by history) (Axis I). The applicant reported symptoms of mTBI and was further evaluated, treated, and cleared by the TBI clinic on 24 September 2015. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149, with all allied documents listed in block 9 of the application, and DD Form 214. 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 14-12a addresses minor disciplinary infractions, defined as a pattern of misconduct, consisting solely of minor military disciplinary infractions. 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 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. 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 he suffered from TBI, which he incurred while on active duty and continues to be treated for post-service. However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 25 September 2015, the applicant underwent a mental status evaluation which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong. Further, the evaluation noted that he was treated for mTBI and cleared for separation. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong as indicated by the mental status evaluation. 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 13 October 2017, the Board determined that the characterization of service was too harsh based on the applicant's length of service and the circumstances surrounding the discharge (i.e. in-service diagnosis of TBI and OBH issues), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 AR20160013955 1