1. Applicant's Name: a. Application Date: 9 November 2016 b. Date Received: 28 November 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, based off of the severity of his PTSD conditions, as diagnosed by the VA, he believes his behavior was a direct reflection of his condition. He was seen, and diagnosed, for the symptoms of PTSD while on active duty, but he was separated without the proper treatment. He believes that his PTSD condition had an adverse effect on his separation and discharge. He did serve three years of honorable service, prior to his discharge and requests an upgrade based on this 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 applicant was diagnosed with Adjustment Disorder. He was initially seen by BH in Aug 2010 when he reported he had recently been robbed at gunpoint and was now having nightmares regarding this event. In Apr 2011, after he returned from deployment, he reported symptoms of flashbacks, insomnia, and depression. In Feb 2012, he was charged with DUI and sent to ASAP. ASAP determined he did not have a substance use disorder. In Nov 2013, he had a positive PTSD screen (PCL-52). Because of this, he began receiving supportive psychotherapy. He was diagnosed with Adjustment Disorder. Review of the VA notes indicates he is 70% service connected for PTSD. Based on the available documentation, the applicant has a Behavioral Health disorder which mitigates some of his offenses. As there is a nexus between PTSD and avoidant behavior, applicant's PTSD is considered mitigating for the applicant's multiple offenses of failure to report. PTSD does not, however, mitigate the offenses of illegally using a credit card or making a false statement. In a records review conducted at Arlington, VA on 9 March 2018, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, the circumstances surrounding the discharge (i.e. in-service PTSD and OBH symptoms and post-service diagnosis of PTSD and OBH with a 70% VA disability rating for PTSD) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to General Under Honorable Conditions and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 21 November 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 October 2014 (2) Basis for Separation: The applicant was informed of the following reasons: On four separate occasions, between on or about 17 June and 11 November 2013, he stole from the Government Services Administration Fleet Services Credit Card the following amounts: $56.00 $56.48 $59.01 $54.55 Between on or about 6 January and 28 May 2014, he failed to report to accountability formation on five separate occasions; and, He made false official statements to SSG A; and, SFC P (13 March and 1 April 2014). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 6 October 2014 (5) Administrative Separation Board: On 6 October 2014, the applicant waived his rights to consult with A JAG officer. (6) Separation Decision Date / Characterization: 6 November 2014 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 August 2012 / 3 years b. Age at Enlistment / Education / GT Score: 25 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-5 / 27D10, Paralegal Specialist / 5 years, 6 months, 24 days d. Prior Service / Characterizations: RA, 28 April 2009 - 28 August 2012 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (6 August 2010 - 19 April 2011) f. Awards and Decorations: ACM-2CS, ARCOM, AAM, NATOMDL, VUA, NDSM, GWOTSM, NCOPDR, ASR, OSR g. Performance Ratings: 11 January 2013 - 7 June 2013 / Among The Best 8 June 2013 - 7 June 2014 / Marginal h. Disciplinary Action(s) / Evidentiary Record: Offer to Plead Guilty, dated 20 August 2014, reflects the applicant offered to plead guilty to three charges and the specifications, in the Summary Court-Martial case against him and waive his right to an administrative separation board with the understanding that he would be discharged with an under than honorable conditions discharge. The offer was accepted on 26 August 2014. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 18 September 2014, 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. The applicant was diagnosed with an Adjustment Disorder with Anxiety and Depressed Mood (Axis I). The applicant provided a letter from his Psychotherapist, dated 25 June 2015, which reflects the applicant was treated for alcohol abuse, depression and anxiety between 19 November 2013 and 21 November 2014. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and VA medical documents. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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 his under other than 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 the he was suffering from PTSD, which affected his behavior and led to his discharge. The applicant's service record contains documentation that supports a diagnosis of in service Adjustment Disorder with Anxiety and Depressed Mood and alcohol abuse; 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 18 September 2014, 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 contends that he had good service which included a combat tour. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. 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 March 2018, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, the circumstances surrounding the discharge (i.e. in-service PTSD and OBH symptoms and post-service diagnosis of PTSD and OBH with a 70% VA disability rating for PTSD) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to General Under Honorable Conditions and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / No change to RE code 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 AR20160019642 1