1. Applicant's Name: a. Application Date: 30 September 2016 b. Date Received: 6 October 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 fueled by racial prejudice involving his NCOs. Since his discharge he has been steadily employed with the Department of Defense and he has been attending college to further his career. Per the Board's Medical Officer, based on the information available for review at the time including the applicant's case file, AHLTA and JLV. AHLTA notes indicate applicant presented in theater with symptoms of irritability, depression, anxiety, poor sleep, decreased appetite and low energy. He was diagnosed with Adjustment disorder with depression and Depression while in theater. He was treated with antidepressants and had a good response. Article 15's were all acquired while he was in theater prior to being treated for depression. VA indicates he is 30% SC for PTSD. Based on the available information, applicant has a mitigating BH disorder, PTSD. As PTSD is associated with avoidant behaviors, there is a nexus between his PTSD and his multiple Failures to Report. As PTSD is associated with problems with authority figures, there is a nexus between his PTSD and his disobeying and disrespecting his NCO. In a records review conducted at Arlington, VA on 8 December 2017, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, to include combat service and the circumstances surrounding the discharge (i.e. 30% VA, diagnosis of PTSD 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 6 December 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 June 2007 (2) Basis for Separation: The applicant was informed of the following reasons: On 12 June 2006, he received a summarized Article 15 for failing to go to his appointed place of duty at the prescribed time. On 4 November 2006, he received a CG Article 15 for violations of Article 92, UCMJ. On 9 February 2007, he received another CG Article 15 for disobeying an NCO, being disrespectful towards an NCO, and failing to go to his appointed place of duty at the prescribed time. He has been counseled on numerous occasions for violations of Articles 92, 91, and 86 of the UCMJ. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Undated (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 21 August 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 August 2004 / 3 years, 26 weeks b. Age at Enlistment / Education / GT Score: 18 / HS School / 96 c. Highest Grade Achieved / MOS / Total Service: E-3 / 63M10, Bradley Fighting Vehicle System Maintainer / 3 years, 3 months, 6 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: Germany, SWA / Iraq (6 August 2006 to 16 October 2007) f. Awards and Decorations: NDSM; GWOTSM; ASR; OSR; PUC g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statement for being recommended for an involuntary separation for patterns of misconduct. CG Article 15, dated 9 February 2007, is illegible, but according to the unit commander's report, for disrespecting and disobeying an NCO, in violation of Article 91, UCMJ, and for failing to go to his appointed place of duty at the prescribed time. The punishment consisted of a reduction to E-1, forfeiture of $326, and 14 days of extra duty and restriction. Summarized Article 15, dated 12 June 2006, for failing to go to his appointed place of duty at the prescribed time on 8 May 2006. The punishment consisted of 14 days of extra duty and restriction. A second CG Article 15 imposed on 19 November 2006, is NIF (but according to the unit commander's report, dated 21 June 2007. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 18 August 20007, reflects a psychiatric diagnosis of "Axis I: Adjustment Disorder with Depressed Mood." Report of Medical History, undated, indicates the applicant noted behavioral health issues. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application of the Review of Discharge), dated 30 September 2016. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, since his discharge, he has been employed with the Department of Defense and he has been attending college to further his career. 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. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service 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 a mental health condition, including PTSD; TBI; or sexual assault/harassment 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 characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors 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. Caution shall be exercised 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 available record of service and the issues 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 misconduct, the applicant knowingly risked a military career and diminished 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 his discharge was fueled by racial prejudice by members of his chain of command; however, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the incidents of misconduct which led to the separation action under review. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 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. Although the applicant did not raise any behavioral health issues, a careful review of the applicant's record indicates the applicant's behavioral health issues along with notable service- connected post-traumatic stress disorder symptoms existed. 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 8 December 2017, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, to include combat service and the circumstances surrounding the discharge (i.e. 30% VA, diagnosis of PTSD 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 AR20160017638 1