1. Applicant's Name: a. Application Date: 13 September 2016 b. Date Received: 23 September 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 did not receive the certified mail sent by his unit because it was sent to the wrong address. He was struggling with issues from PTSD due to a 2003 deployment with the 812th. He was avoiding the drills and not getting the help he needed. He served honorably during a combat deployment and was promoted to corporal by his commander. He received awards from the deployment and nothing negative on his record. His substance abuse issues with alcohol were increasing with the PTSD. Since his discharge he has been successful and a productive citizen. He feels all of his service until those issues came up was honorable. 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 contains no content. VA records indicate he is 30% SC for PTSD associated with combat in Iraq. VA Behavioral Health diagnoses include PTSD, Adjustment DO. Alcohol Dependence, Depressive DO NOS. As basis for separation is not in file, no statement regarding mitigation can be made at this time. In a records review conducted at Arlington, VA on 8 December 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: NIF / AR 135-178 / NA / General (Under Honorable Conditions) b. Date of Discharge: 5 May 2007 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: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 February 2002 / 8 years b. Age at Enlistment / Education / GT Score: 21 years / One year of college / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / 95B10, Military Police / 5 years, 2 months, 11 days d. Prior Service / Characterizations: IADT, 7 August 2002 to 18 December 2002 / HD USAR, 19 December 2002 to 6 February 2003 / NA AD, 7 February 2003 to 20 January 2004 / HD (Concurrent Service) e. Overseas Service / Combat Service: SWA / Kuwait / Iraq, 16 April 2003 to 18 December 2003 f. Awards and Decorations: NDSM, AFRM-"M" DEV, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: VA Rating Decision, dated 8 September 2010, revealed the applicant had a service connection for PTSD and was granted an evaluation of 30 percent disabling rating; effective 26 April 2010. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); two DD Forms 214; discharge orders 07-127-00024; VA rating decision (three pages); and a NJ Turnpike Authority pay leave and earning statement. 6. POST SERVICE ACCOMPLISHMENTS: The states in his applicant he is employed with the NJ Turnpike Authority for almost 5 years and was recently promoted to a supervisor position. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. The characterization is based upon the quality of the Soldier's service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army regulations, and the time-honored customs and traditions of the Army. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized if the Soldier is in entry-level status. However, the permissible range of characterization varies based on the reason for separation. 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 specific facts and circumstances concerning the events which led to the former Soldier's discharge from the US Army Reserve. However, the record shows on 7 May 2007, DA, HQS, 77th US Army Regional Readiness Command, Fort Totten, NY, Orders 07-127-00024, discharged the applicant from the US Army Reserve, effective 5 May 2007, with an general (under honorable conditions) discharge. Barring evidence to the contrary, the presumption of government regularity shall prevail, as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant's contentions were carefully considered regarding, he did not received the certified mail sent by his unit because it was sent to the wrong address; he was avoiding the drills and not getting the help he needed; he served honorably during a combat deployment and was promoted to corporal by his commander; and he received awards from the deployment and nothing negative on his record. However, the merit of these contentions and the quality of his service cannot be substantiated because the facts and circumstances leading to the discharge are not contained in the available record. The applicant further contends, he was struggling with issues from PTSD due to a 2003 deployment with the 812th. The applicant submitted a VA rating decision shows that he had a service connection for PTSD and was granted a 30 percent disabling rating; effective 26 April 2010. The applicant also contends, his substance abuse issues with alcohol were increasing with the PTSD. The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Community Counseling Center, and other medical resources available to all Soldiers. The applicant additionally contends, since his discharge he has been successful and a productive citizen. The applicant is to be commended for his efforts. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. Lastly, the applicant contends all of his service until those issues came up was honorable. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. Whenever there is doubt, it is to be resolved in favor of the individual. 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 8 December 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 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 AR20160019127 1