1. Applicant's Name: a. Application Date: 9 November 2016 b. Date Received: 9 November 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, after he met with the Concord Vet Center for the medical trauma that he had been going through since deployment, it became apparent that he had PTSD. He has been receiving counseling with the Concord Vet Center and he states, his discharge was a direct result of his PTSD. He had been telling his doctors at Fort Irwin, that he had the symptoms, but he was never diagnosed until he was out of the Army. He has overcome his PTSD and is in the process of returning back to the Army in the Reserve component, but he cannot do so with his current discharge. He requests that he be given an honorable discharge, so that he can return to duty. 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 did not have a medical or behavioral health condition. Medical notes indicated SM had a chaotic marriage with numerous contacts with FAP for domestic violence. SM did undergo a Medical Evaluation Board for anankle injury. Several medical concerns were considered to include a head injury with TBI, an Adjustment Disorder, and Alcohol Abuse; however, these conditions were determined to meet medical retention standards. PTSD was not one of the diagnoses evaluated during the MEB; however, the SM agreed that the MEB accurately covered all of his current medical conditions. SM received ASAP treatment from July to August 2012. He underwent neuropsychological testing for TBI and it was determined that his symptoms did not interfere with judgment, occupational duties or social interaction. SM screened negative for PTSD and TBI during mental status evaluation dated 1 August 2013. In a records review conducted at Arlington, VA on 9 February 2018, 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: Pattern of Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 21 October 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 August 2013 (2) Basis for Separation: The applicant was informed of the following reasons: On 19 July 2012, he was disrespectful in language to a superior noncommissioned officer; On 28 February 2013, he violated a no contact order given to him by CPT M; On 1 March 2013, he failed to go at the time prescribed to his appointed place of duty, to wit: 0600 hours accountability formation; he dishonorably failed to pay a debt in the amount of $646.86 to Omni Financial; and, On 13 May 2013, he assaulted E O by dragging her by her hair and shirt. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 8 August 2013 (5) Administrative Separation Board: On 15 August 2013, the applicant conditionally waived consideration of his case before an administrative separation board, contingent upon him receiving a characterization of service no less favorable than a general (under honorable conditions) discharge. (6) Separation Decision Date / Characterization: Undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 December 2008 / 6 years b. Age at Enlistment / Education / GT Score: 26 / 1 year college / 123 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B10, Infantryman / 6 years, 8 months, 10 days d. Prior Service / Characterizations: RA, 12 February 2007 - 22 December 2008 / HD e. Overseas Service / Combat Service: Germany, SWA / Iraq (27 November 2008 - 1 November 2009) f. Awards and Decorations: ICM-2CS, ARCOM, AAM, AGCM, NDSM, GWOTSM, NCOPDR, ASR, OSR-2, CIB g. Performance Ratings: 1 July 2010 - 14 February 2011 / Among The Best 15 February 2011 - 24 July 2011 / Among The Best 25 July 2011 - 24 July 2012 / Fully Capable h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 2 April 2013, for failing to go at the time prescribed to his appointed place of duty (1 March 2013); and, for failing to obey a lawful order by wrongfully contacting his wife (28 February 2013). The punishment consisted of extra duty and restriction for 14 days. Report of Mental Status Evaluation, dated 1 August 2013, 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. FG Article 15, dated 27 August 2012, for disrespectful language and deportment toward SSG V (19 July 2012). The punishment consisted of a reduction to E-4; forfeiture of $1,133 pay per month for two months (suspended); and, extra duty and restriction for 45 days. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Medical Evaluation Board Proceedings, dated 4 April 2013, reflects the applicant was diagnosed with: S/P Head Injury with TBI Stabilized; Adjustment Disorder with mixed anxiety and depressed mood; and, alcohol abuse. The applicant met medical retention standards for these conditions. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149. 6. POST SERVICE ACCOMPLISHMENTS: He states he has overcome his PTSD. 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. 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 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 that he was suffering from undiagnosed PTSD, which affected his behavior and ultimately led to his discharge. The applicant contends he was diagnosed with PTSD 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 4 April 2013, 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. The applicant desires to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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 9 February 2018, 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. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160017644 3