1. Applicant's Name: a. Application Date: 25 October 2016 b. Date Received: 27 October 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, witness and sworn statements will prove his innocence because his discharge was based on erroneous facts. His command's decision to separate him was unjust; therefore, he would like an unbiased review of his discharge. (The applicant detailed his achievements during his active duty service.) He takes full responsibility for all his actions, positive and negative. Since his discharge he has been employed with the Safelite Auto Glass Company, bought a home in New York, and he is currently attending a community college. 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 notes indicate that applicant was never seen nor referred by command to Behavioral Health while on active duty. Of note, he did go for Special Forces physical exam in April 2016. VA medical record indicates that applicant is 80% SC for PTSD, MDD (Major Depressive Disorder). The attending psychiatrist's note dated 20 Dec 2017 states that his PTSD symptoms have improved as "evidenced by his reduction in irritable behavior and angry outbursts with little or no provocation typically expressed as verbal aggression towards people". Applicant continues to have PTSD symptoms of nightmares related to combat in Afghanistan, insomnia, social isolation, irritability. VA notes also document that applicant underwent a "personality change" after returning from combat which ultimately resulted in his estrangement from family and break up of his marriage. Applicant continues to be on multiple medications to treat his PTSD symptoms. Based on the available information, applicant has a Behavioral Health disorder which mitigates his discharge from the Army. As PTSD is associated with irritability/ anger and difficulty with authority figures, there is a nexus between his PTSD and the offense of being disrespectful and cursing at his unit NCOs on numerous occasions. As PTSD is associated with difficulty with authority figures, there is a nexus between his PTSD and the offenses of failing to obey orders to remain in uniform, wear his Kevlar, stand at position of parade rest. In a records review conducted at Arlington, VA on 19 January 2018, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, board judgement, the circumstances surrounding the discharge (i.e. in-service PTSD-like symptoms and a VA, service-connected disability rating of 80% due to PTSD and MDD) 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 honorable 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 24 October 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 June 2016 (2) Basis for Separation: The applicant was informed of the following reasons: On 14 February 2016, he failed to obey a lawful order from 1LT W, to remain in the Army Combat Uniform. On 14 February 2016, he was disrespectful in language and deportment towards SGT F, by saying to him, "taking everything out is dumb when I'm pretty sure it is all right here"; "how about you count how many guys we have before you let us out"; "you're fucking stupid that's not enough to get chow, why don't we go back and pick up a chow detail that's what they're for"; "I am not going to get four plates, I am going to get three plates like I always do"; and "you're fucking crazy, I am not going to wear my Kevlar to the DFAC," or words to that effect and shaking his head. On 14 February 2016, he failed to obey a lawful order from SGT F, to wear his Kevlar. On 14 February 2016, he failed to obey a lawful order from SGT M, to stand at the position of parade rest. On 14 February 2016, he was disrespectful in language towards SSG S, by saying to him, "I'm not doing that because I am a team leader," or words to that effect. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 25 August 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 October 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 August 2013 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 1 month, 28 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA / Afghanistan (26 June 2015 to 26 March 2016) f. Awards and Decorations: ARCOM; AAM-2; NDSM; ACM-CS; GWOTSM; ASR; OSR; NATOMDL, Ranger Tab g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for being disrespectful towards an NCO; using derogatory speeches around junior Soldiers in the platoon; failing to disseminate information to his Soldiers; his actions undermining the authority of his chain of command; degrading moral and confidence of platoon members; his behavior being inconsistent with the Army Values; being corrected on numerous occasions for not being in the prescribed uniform; the importance of adhering to the standards prescribed by the chain of command; being recommended for an involuntary separation; missing movement during a platoon drill; being insubordinate; and disobeying a direct order of a commissioned officer. Record of Trial by a Summary Court-Martial that convened on 20 May 2016, indicates the applicant was found guilty of violating Article 90, UCMJ, for disobeying a commissioned officer on 14 February 2016; six specifications of violating Article 91, UCMJ, for being disrespectful in language and deportment towards an NCO, SGT F on 14 February 2016, and disobeying an NCO, SGT F, on 14 February 2016; and violating Article 117, UCMJ, for using provoking speech and gestures toward an NCO, SGT F, on 14 February 2016. An adjudged sentence of confinement for 10 days, forfeiture of $982 for one month, and a reduction to E-3, was approved on 8 June 2016. Memorandum for Record, dated 21 June 2016, rendered by a servicing judge advocate, provided no legal objection to the findings or the sentence of the summary court- martial. Report of Mental Status Evaluation, dated 13 June 2016, psychiatrically cleared the application for any administrative proceedings by his command. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 25 October 2016; birth certificate; social security card; OMPF record; DD Form 214 worksheet and ETS discharge orders; Summary Court-Martial Report of Result of Trial; applicant's self-authored statement; six character reference statements; nine documentary evidence of achievements/awards; defense counsel memorandum, dated 25 August 2016; five sworn statements; Standards of Dress and Appearance documents; and separation file. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, since his discharge he has been employed with the Safelite Auto Glass Company, bought a home in New York, and he is currently attending a community college. 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's available record of service, and 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. By the incidents of misconduct, the applicant knowingly risked a military career and diminished the quality of his service. The applicant contends the discharge was unjust because it was based on erroneous facts. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he may have been unjustly discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further sufficient evidence has been provided with the request for an upgrade of the discharge. In consideration of the applicant's service accomplishments and quality of his service prior to these incidents, and his post-service accomplishments, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. 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 19 January 2018, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, board judgement, the circumstances surrounding the discharge (i.e. in-service PTSD-like symptoms and a VA, service-connected disability rating of 80% due to PTSD and MDD) 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 honorable 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: Honorable 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 AR20160019806 1