1. Applicant's Name: a. Application Date: 28 November 2016 b. Date Received: 8 December 2016 c. Counsel: 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 received numerous awards and decorations. He needs an upgrade so he can obtain the benefits of the GI Bill and complete his college education. He suffers from a PTSD service-related disability and should be given special consideration under the Supplemental Guidance. His discharge was inequitable and unjust given his mental health issues. The Department of Veterans Affairs diagnosed him PTSD; determined that the disability was service-connected and evaluated his disability 100 percent total and permanent. He was specifically told that he would not be subject to discharge because of the incident in Afghanistan. Per the Board's Medical Officer, based on the information available for review at the time, case files, AHLTA and JLV reviewed. AHLTA indicates applicant was seen downrange for problems with anger, especially anger toward a specific squad leader. He participated in supportive therapy and his anger decreased when he was transferred to a different platoon. He reported a life long history of problems with anger. Stated he took meds from age 7-14 for ADHD. Reports that as he aged, he mellowed out. Stated he had long history of taking his anger out on inanimate objects but not people. He reported he had to have the barrel of his gun replaced because he hit it against things when he was angry. In Jan 2012, he presented to BH and reported he had been on over 400 patrols while deployed. Stated his buddy angered him and hit him in the chest with his helmet. In response, the applicant charged his weapon. States he did not point the weapon at his buddy. Received Article 15, forfeiture of pay and demotion because of this. To assist with his anger issue, he was referred to Anger Management group. He screened negative on PTSD/TBI screen. The VA has rated him as 100% SC for PTSD. VA reports he witnessed multiple IED explosions which included serious injury to others as well as living under the constant threat of mortar attack. Upon return from deployment, he experienced insomnia, nightmares and depression (as per VA notes). As the Basis for Separation is not in file, no statement regarding mitigation can be made. In a records review conducted at Arlington, VA on 11 May 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 6 June 2012 c. Separation Facts: NIF (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 June 2009 / 4 years, 21 weeks b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / 103 c. Highest Grade Achieved / MOS / Total Service: E-4 / 13B10, Cannon Crewmember / 2 years / 11 months, 7 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan, 4 January 2011 to 31 December 2011 f. Awards and Decorations: ARCOM, NDSM, ICM-2CS, ASR, OSR, NATO MDL, MUC 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 28 June 2016, relates that the applicant was service connected for Post-Traumatic Stress Disorder (claimed as PTSD and depression) was granted with an evaluation of 100 percent, effective 6 April 2016. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); attorney's brief (nine pages); applicant's affidavit (six pages); DD Form 293; DD Form 214; letter, VA summary of benefits (two pages); statement in support of claim for service connection for PTSD (two pages); VA application for disability compensation and related compensation benefits (four pages); support statement; support statement with notarized individual acknowledgement; VA rating decision (three pages); request for and authorization to release protected health information; and an attorney's letter to Director, Case Management Division. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states through his attorney he has tried to be as productive a member of society. He started college in Maryland in 2013 using student loans and his own money. He also attended Kingsboro Community College in Brighton Beach, Brooklyn, studying business and again using his own money. He hopes to receive his Associate's Degree by early 2017. 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 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c, by reason of misconduct (serious offense), 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 JKQ (i.e., misconduct (serious offense) with a reentry eligibility (RE) code of 3. The applicant seeks relief contending, he received numerous awards and decorations. The applicant's service accomplishments and the quality of his service prior to the incident (s) that caused the initiation of discharge proceeding were carefully considered. The applicant further contends, he needs an upgrade so he can obtain the benefits of the GI Bill and complete his college education. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The applicant also contends, he suffers from a PTSD service-related disability is to be given special consideration under the Supplemental Guidance; his discharge was inequitable and unjust given his mental health issues; the Department of Veterans Affairs diagnosed him PTSD; determined that the disability was service-connected and evaluated his disability 100 percent total and permanent. The applicant submitted a VA Rating decision that shows he was service connected for Post-Traumatic Stress Disorder (claimed as PTSD and depression) was granted an evaluation of 100 percent. The applicant additionally contends, he was specifically told that he would not be subject to discharge because of the incident in Afghanistan. However, a determination as to the merit of this contention cannot be substantiated because the complete facts and circumstances leading to the discharge are not contained in the available record. The applicant's post-service accomplishments have been noted as outlined in the document with the application. 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. 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 11 May 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 a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code 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 AR20160019459 2