1. Applicant's Name: a. Application Date: 15 August 2016 b. Date Received: 19 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 would like to receive his GI Bill benefits. At the time of the incident that led to his discharge, he was suffering from PTSD from losing a fellow Soldier. He has since received help and would like to further his education. Per the Board's Medical Officer, based on the information available for review at this time, the applicant has a behavioral health condition which is mitigating for some of the offenses leading to his discharge from the Army. The military medical record indicates that the applicant had contact with Behavioral Health on several occasions where he was diagnosed with Insomnia and Occupational Problem. There is no in-service diagnosis of PTSD. The applicant has received a 30 percent service connected disability from the VA for PTSD. While PTSD can be associated with many different behavioral symptoms and actions, it is not associated with the act of committing adultery and, as such, is not mitigating for this behavior. Review of the applicant's medical record indicates that the applicant's history of being involved in fights and physical altercations precedes his deployment to Iraq. Consequently, his diagnosis of PTSD is also not mitigating for the offense of Assault and Battery. As PTSD is associated with anger and oppositional behavior, it would be considered mitigating for the offense of willfully disobeying an order and showing disrespect towards a NCO. In a records review conducted at Arlington, VA on 1 February 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 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 24 May 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 May 2010 (2) Basis for Separation: The applicant was informed of the following reasons: committed adultery while in Iraq, which resulted in a physical altercation between the applicant and the husband of the married woman; willfully disobeyed a no contact order given by his commanding officer; and, showed disrespect towards an NCO. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 19 May 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 20 May 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 September 2016 / 5 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 117 c. Highest Grade Achieved / MOS / Total Service: E-4 / 31B10, Military Police / 3 years, 8 months, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Alaska, SWA / Iraq (28 May 2009 to 5 April 2010) f. Awards and Decorations: NDSM, GWOTSM, ICM-CS, OSR-2 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: GO Article 15, dated 16 March 2010, disobeyed a lawful order, unlawfully struck SPC K in the face with a clinched fist, and commit adultery with a married woman (18 January 2010). The punishment consisted of a reduction to E-1, forfeiture of $723 pay per month for two months, extra duty and restriction for 45 days, and a General Officer Memorandum of Reprimand (GOMOR). GOMOR, dated 16 March 2010, for adultery and for assault and battery. Numerous Developmental Counseling Forms for failing to report to his appointed place of duty at time prescribed on multiple occasions, disobeying a lawful order, failure to appear on time, failure to obey a direct order from a NCO (written no contact order), and disrespect towards a noncommissioned officer. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Behavioral Health Evaluation, dated 13 April 2010, reflects the applicant was mentally responsible with clear a clear thinking process and had the mental capacity to understand and participate in the proceedings. The applicant was diagnosed with (Axis I) Primary insomnia and Occupational Problems. VA medical records (extract) reflect the applicant was assigned a 30 percent service connected disability for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 214; and, copies of his VA medical records. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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. 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 be retained on active duty. The applicant contends he was suffering from PTSD at the time of his discharge and provides evidence that the Veterans Administration has granted him a service connected disability for Post-Traumatic Stress Disorder (PTSD). 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 30 April 2010, 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. 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. Further, there are many Soldiers with the same condition that completed their service successfully. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 1 February 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. SPD/RE Code Change to: No Change e. Restoration to Grade: No Change Authenticating Official: COL, US ARMY Presiding Officer Army Discharge Review Board 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 AR20160015018 1