1. Applicant's Name: a. Application Date: 7 December 2016 b. Date Received: 12 December 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the narrative reason for separation. The applicant seeks relief contending, in effect, his PTSD was not recognized as a medical condition at the time of his discharge. PTSD was determined to be the leading cause of his military offense. In 2014 Secretary of Defense H. issued a memorandum instructing that liberal consideration would be given in cases where civilian providers conferred diagnosis of PTSD and that PTSD conditions that existed at the time of discharge would be considered potential mitigating factors in the misconduct that caused the discharge. In 2016 under Secretary of Defense C. issued a memorandum instructing that a new, de novo review be given to past applications that did not consider the H. memorandum. A prior records review was conducted at Arlington, VA on 27 April 2016. 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 had mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. Because PTSD symptoms can be associated with use of alcohol for self-medication, risk-taking behaviors, impaired judgment, and impulsivity, there is a nexus between this applicant's misconduct and his behavioral health symptoms. Furthermore, supportive medical documentation from the VA indicated Mr. X has received treatment for PTSD and was granted a service-connected rating of 30 percent. In a personal appearance hearing conducted at Arlington, VA on 10 July 2017, and by a 3-2 vote, the Board determined the applicant's narrative reason for separation is inequitable and too harsh based on the applicant's length and quality of his service, to include his combat service, the circumstances surrounding his discharge (i.e. in-service diagnosis of OBH with PTSD symptoms, post-service PTSD diagnosis, 30 percent VA rating for PTSD), personal testimony, and his post-service accomplishments as annotated in the case report and directive. Therefore, the board directed the issue of a new DD Form 214 changing the narrative reason for separation to Miscellaneous/General Reasons and the separation code to JND. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Unacceptable Conduct / AR 608-8-24, Paragraphs 4-2b and 4-24a(1) / BNC / NA / Honorable b. Date of Discharge: 17 October 2014 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 19 June 2014 (2) Basis for Separation: The applicant was required to show cause for retention on active duty under the provisions of AR 600-8-24, paragraphs 4-2b(5), 4-2b(8), for acts of personal misconduct and conduct unbecoming an officer. He was notified of the following reasons; he was disorderly with police near a bar in Destin, FL. Once in restraints, he attempted to get the handcuffs off, and he subsequently admitted to the officer that he was attempting to escape the patrol vehicle (17 March 2014). This misconduct resulted in a General Officer Memorandum of Reprimand (GOMOR), dated 24 April 2014, that was filed in his Army Military Human Resources Record; conduct unbecoming of an officer as indicated in the above-referenced GOMOR. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 25 July 2014, the applicant voluntarily tendered his conditional resignation from the Army under the provisions of AR 600-8-24, Chapter 4, in lieu of further elimination proceedings. (5) Administrative Separation Board / BOI: The applicant voluntarily waived his right to appear before BOI, contingent upon him receiving a characterization of service no less favorable than honorable. (6) Separation Decision Date / Characterization: The Army Ad Hoc Review Board reviewed the resignation tendered by the applicant. On 26 September 2014, the Deputy Assistant Secretary (Army Review Boards) accepted the applicant's resignation directed his discharge from the US Army with a characterization of service of honorable. This elimination was based misconduct and moral or professional dereliction under the provisions of AR 600-8-24. Paragraph 4-2b. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 May 2006 / OAD / 3 years b. Age at Enlistment / Education / GT Score: 23 / BA Degree / NA c. Highest Grade Achieved / MOS / Total Service: O-3 / 18A, 5S Special Forces / 12 years, 7 months, 3 days d. Prior Service / Characterizations: ARNG, 15 March 2002 to 11 June 2002 / NA IADT, 12 June 2002 to 21 August 2002 / NA ARNG, 22 August 2002 to 11 June 2003 / NA ARNG (SMP), 12 June 2003 to 12 May 2006) / HD Appointed 2LT / USAR (13 May 2006 to 20 May 2006 / NA e. Overseas Service / Combat Service: Morocco / Honduras / SWA / Iraq, 24 October 2007 to 28 February 2009 / Afghanistan, 15 September 2012 to 5 May 2013 f. Awards and Decorations: BSM-2, ARCAM, AAM-4, ARCAM, NDSM, ICM-CS, ACM, GWOTSM, ASR, OSR, NATO MDL, CIB, RNGR TAB, SF TAB g. Performance Ratings: 26 January 2007 70 31 January 2014, Best Qualified 1 February 2014-14 October 14, Highly Qualified h. Disciplinary Action(s) / Evidentiary Record: An administrative GOMOR, dated 24 April 2014, for being disorderly with police near a bar in Florida, and once in restraints, attempted to get the handcuffs off, and subsequently admitted to the officer that he attempted to escape the patrol vehicle. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Syracuse VAMC, progress notes, dated 25 August 2016, shows that the applicant was diagnosed with mild PTSD, anxiety, disturbances of motivation and mood. VA rating decision, dated 26 September 2016, revealed the applicant was diagnosed with service connected posttraumatic stress disorder (PTSD) (claimed as mental conditions, depression, anxiety and sleeping conditions) and granted an evaluation of 30 percent, effective 13 July 2016. VA entitlement to benefits, dated 28 September 2016, indicates the applicant was diagnosed with PTSD (claimed as mental conditions, depression, anxiety and sleeping conditions); he was assigned a 30 percent disabled rating effective 13 July 2016. Letter, Vet Center, dated 6 June 2017, relates the applicant was being treated for chronic PTSD related to combat military service. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); two DD Form 214 (four pages); prior Case Report and Directive (AR 20150000005, seven pages); VA rating decision (four pages); self-authored statement (two pages); letter, Air Force, Alcohol and Drug Abuse Prevention & Treatment ( ADSAPT); letter, Vet Center (two pages); Company Grade Plate, Officer Evaluation Report (two pages); two letters of recommendation; admission letter, NYU Steinhardt (four pages); Syracuse VAMC, progress notes (eight pages); letter, VA benefits entitlement (two pages); certificate of participation, Norwich University; Okaloosa County Court document; 6. POST SERVICE ACCOMPLISHMENTS: The applicant states in a document he submitted with his application that he graduated with a Masters of Arts Degree in Military History from Norwich University, volunteered at the local dog shelter, currently working as a project manager with G.A. Braun, Inc., consistently managing, supervising, and coordinating projects in excess of two million dollars, and he was accepted to the New York University Embedded Master of Arts in Teaching program and will begin teaching Social Studies within the Syracuse Central School District beginning in August 2017. 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. 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 "BNC" as the appropriate code to assign officer Soldiers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4-2b, unacceptable conduct. 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." "Conditions documented in the 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 PTSD or PTSD related conditions 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 under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD or PTSD-related conditions as a causative factor 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. Correction Boards will also exercise caution 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 a change to the narrative reason for separation. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The applicant requested a change to the narrative reason for separation. Army Regulation 635- 5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating officer Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "BNC" as the appropriate code to assign officer Soldiers, who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4, paragraphs 4-2b and 4 -24a(1), unacceptable conduct. The regulation further stipulates no deviation is authorized. The applicant seeks relief contending, his PTSD was not recognized as a medical condition at the time of his discharge; and PTSD was determined to be the leading cause of his military offense. The record of evidence (prior records review AR 20150000005), shows that the Board's Medical Officer determined that after a review a review of the applicant's Active Duty electronic medical records revealed some behavioral patterns and symptoms similar to those seen in PTSD, a condition which can be seen as mitigating for the charges listed in this case. Further, the Board's Medical Officer found that the separation mental status evaluation, dated 15 July 2014, indicated that the applicant screened negative for PTSD, the encounter note mentioned the applicant's history of treatment for alcohol abuse, a common finding in PTSD. The note also recalled the applicant being seen for "anger and post deployment issues." In the assessment, it was noted that he was having some continuous, but improved, issues with anger and hypervigilance, also common in PTSD. It is more likely than not that the applicant's misconduct as described in the basis for separation was consistent with subclinical PTSD. The applicant also contends, in 2014 Secretary of Defense H. issued a memorandum instructing that liberal consideration would be given in cases where civilian providers conferred diagnosis of PTSD and that PTSD conditions that existed at the time of discharge would be considered potential mitigating factors in the misconduct that caused the discharge; and in 2016 under Secretary of Defense C. issued a memorandum instructing that a new, de novo review be given to past applications that did not consider the H. memorandum. However, it appears that the Board did consider these memoranda by the Secretaries of Defense and based on the medical information at the time and the nature of the applicant's misconduct; the Board determined that the narrative reason for separation was both proper and equitable. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): PDHA (Post Deployment Health Assessment) dated 23 May 2013 - 10 pages Progress Notes - 8 pages Sworn statement - 3 pages Recommendation for Award - 2 pages b. The applicant presented the following additional contention(s): Removal of GOMAR and associated OER (Note: removal of such are not the purview of the Army Discharge Review Board-a DD Form 149 is provided for application to the Army Board for Correction of Military Records, the Review Authority for such requests) c. Witness(es) / Observer(s): None. 9. BOARD In a personal appearance hearing conducted at Arlington, VA on 10 July 2017, and by a 3-2 vote, the Board determined the applicant's narrative reason for separation is inequitable and too harsh based on the applicant's length and quality of his service, to include his combat service, the circumstances surrounding his discharge (i.e. in-service diagnosis of OBH with PTSD symptoms, post-service PTSD diagnosis, 30 percent VA rating for PTSD), personal testimony, and his post-service accomplishments as annotated in the case report and directive. Therefore, the board directed the issue of a new DD Form 214 changing the narrative reason for separation to Miscellaneous/General Reasons and the separation code to JND. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Miscellaneous/General Reasons d. Change Authority to: AR 600-8-24, 200, Paragraphs 4-2b and 4-24a(1) e. Change SPD/RE Code to: Change SPD to JND / No Change (NA) f. Restore 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 AR20160019279 5