1. Applicant's Name: a. Application Date: 30 September 2016 b. Date Received: 30 October 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, he made the poor decision of becoming overly intoxicated, and was arrested by the military police due to a noise complaint. His platoon sergeant was killed and the guilt of going home became too much for him to bear and he drank to incapacitation. He wants to move forward in life and that one poor decision should not overshadow his military service. Per the Board's Medical Officer, based on the information available for review at the time including the applicant's case files, AHLTA and JLV. AHLTA notes indicate the following BH/neurological diagnoses: Alcohol Dependence, Major Depressive Disorder, Adjustment Disorder, Concussion, Post traumatic Headache. Applicant initially presented to BH on 16 Mar 2015 with complaints of anxiety, insomnia, nightmares, decreased interest and feelings of survivor guilt. Applicant reported that these symptoms began 6 months into his deployment. Applicant reported that he suffered a concussion when a rocket landed next to him. States the rocket did not explode. He reported feeling much survivor guilt over this, feeling he should have died. Applicant also reported feeling survivor guilt over the death of his SFC friend who was killed by a sniper. His PCL-C (PTSD Checklist) screen was positive at 64 in July 2015. In July 2015, the applicant self-referred to ASAP. In Aug 2015, applicant was involved in motor vehicle accident, incurred another head injury and did not regain consciousness until in the ambulance. He was seen by the Concussion Clinic and diagnosed with Post-Traumatic Headache. In Jan 2016, he incurred another mTBI when he parachuted and fell backwards, hitting the back of his head. VA notes indicate applicant is 70% service connected for PTSD. Based on the available information, the applicant has two diagnoses (PTSD, mTBI) which mitigate some of his misconduct: as PTSD/TBI are associated with use of substances to self-medicate, there is a nexus between his PTSD/mTBI and the offenses of being drunk and disorderly and violating a lawful order not to drink more than two drinks of alcohol. Neither PTSD nor mTBI mitigate the offenses of wrongfully fraternizing with enlisted soldiers, being involved in a physical altercation, resisting arrest and apprehension by military police and repeatedly making offensive and racial comments. In a records review conducted at Arlington, VA on 26 January 2018, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service and the circumstances surrounding the discharge (i.e. in-service PTSD symptoms and multiple MTBIs and post-service diagnosis of PTSD with 70% VA service-connected disability rating), 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: Unacceptable Conduct / AR 608-8-24, Paragraphs 4-2b / JNC / NA / General (Under Honorable Conditions) b. Date of Discharge: 5 February 2016 c. Separation Facts: No (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board / BOI: The applicant was a probationary officer and therefore not entitled to Board of Inquiry (BOI). (6) Separation Decision Date / Characterization: On 7 December 2015, The Department of the Army Ad Hoc Review Board reviewed the Probationary Officer Elimination Case on the applicant. The Deputy Assistant Secretary (Army Review Boards), determined that the applicant will be discharged from the US Army with a General (Under Honorable Conditions) characterization of service. This elimination was based on misconduct and moral or professional dereliction (Army Regulation 600-8-24, paragraph 4-2b). 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 May 2012 /OAD / 3 years / the document extending the applicant to his discharge date is not contained in the available record. b. Age at Enlistment / Education / GT Score: 22 years / College Graduate / NA c. Highest Grade Achieved / MOS / Total Service: O-2 / 13A, Field Artillery / 4 years, 3 months, 11 days d. Prior Service / Characterizations: RA, 25 October 2011 to 9 May 2012 / HD Appointed 2LT / RA, 10 May 2012 e. Overseas Service / Combat Service: SWA / Afghanistan, 12 February 2014 to 18 November 2014 f. Awards and Decorations: BSM, NDSM, ACM-CS, GWOTSM, ASR, NATO MDL, CAB g. Performance Ratings: 10 May 2012 to 7 March 2014, Best Qualified 28 May 2015 to 4 January 2016, Qualified h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant submitted a medical document, dated 22 July 2015, which shows he had a complaint in reference to his depressed mood and difficulty sleeping for approximately 9 months stemming from the death of a friend while deployed. He was evaluated and prescribed trazodone and prazosin for treatment of his conditions. Also the applicant submitted a medical document, dated 31 August 2015, relates that he appears to be struggling with depression and possible PTSD symptoms. Additionally he is pending a chapter that is causing a great amount of stress and present symptoms seem to be exacerbated by this action. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); DD Form 214; chronological record of medical care (five pages). The applicant annotated on his application that a VA 70 percent PTSD disability rating was attached with his application; however, this document was not submitted as indicated. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. A discharge of honorable, general, or under other than honorable conditions characterization of service may be granted. 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 the characterization of service from general (under honorable conditions) to honorable. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's digital signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 600-8-24, paragraph 4-24 by reason of unacceptable conduct, with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the DD Form 214 shows a Separation Code of JNC (i.e., unacceptable conduct) with a reentry eligibility (RE) code of NA. The applicant's contentions were carefully considered regarding what he claims was a poor decision that led to him becoming overly intoxicated and that one poor decision should not overshadow his military service. However, the merit of these contentions cannot be substantiated because the facts and circumstances leading to the discharge are not contained in the available record. The applicant further contends, his platoon sergeant was killed and the guilt of going home became too much to bear and he drank to incapacitation. 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 misconduct which led to the separation action under review. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 26 January 2018, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service and the circumstances surrounding the discharge (i.e. in-service PTSD symptoms and multiple MTBIs and post-service diagnosis of PTSD with 70% VA service- connected disability rating), 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 AR20160019124 2