1. Applicant's Name: a. Application Date: 6 March 2017 b. Date Received: 9 March 2017 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, he is a combat veteran and served in Iraq where he was witness to extensive carnage, death, and injuries of friends and comrades. The applicant states that he was severely affected by PTSD and as a consequence, he attempted to commit suicide with medications because he was at his wits end. He was extremely depressed and suffering from anxiety and at the time and he felt hapless and helpless. The Army never made an effort to help him deal with his PTSD and their solution to his attempted suicide was to prosecute him for malingering. He believes that he was not treated fairly and that the under other than honorable conditions discharge was not warranted. The VA has recognized that his is suffering from a form of PTSD and has granted him a service-connected disability for an Adjustment Disorder with Depressive Mood. Per the Board's Medical Officer, the VA has given him a post-service diagnosis of PTSD. In the JLV, as of 28 July 2017 he showed as 30% service connected disabled by the VA. Other VA diagnoses in JLV included Alcohol Abuse, Major Depression, Anxiety, and Dysthymia. In 24 February 2014, a VA evaluator judged he did NOT meet criteria for PTSD, but instead noted current diagnoses of Adjustment Disorder with Depressed Mood and Unspecified Personality Disorder with Avoidant Characteristics. Whether or not the subsequent service diagnosis of PTSD is accurate, which is open to debate, it would not and does not mitigate malingering, which was certainly among the chief drivers of the applicant's discharge. Further, his missing movement was due to this diagnosis of Adjustment Disorder, Malingering. In a records review conducted at Arlington, VA on 4 August 2017, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service and the circumstances surrounding the discharge (i.e. suicide attempt, in-service OBH diagnosis and post-service diagnosis of PTSD), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. (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: 25 January 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 November 2007 (2) Basis for Separation: The applicant was informed of the following reasons: On 23 August 2007, he intentionally injured himself by ingesting approximately 23 allergy pills; and, On 12 September 2007, he intentionally injured himself by ingesting approximately 24 pills of Benadryl. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 28 November 2007 (5) Administrative Separation Board: On 28 November 2007, the applicant unconditionally waived consideration of his case by an administrative separation board. (6) Separation Decision Date / Characterization: 7 December 2007 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 July 2005 / 3 years (NIF) / Note: The applicant's service record has many inconsistencies regarding his entry into the Armed Forces. His service record reflects only one enlistment contract, with an entry date of 24 July 2001. However, the rest of service record reflects he entered on 8 July 2005. b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 4 months, 7 days d. Prior Service / Characterizations: RA, 24 July 2001 - 7 August 2005 / NIF e. Overseas Service / Combat Service: SWA / Iraq (NIF) f. Awards and Decorations: MUC, ICM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Charge Sheet, dated 2 November 2007, reflects the applicant was charged with two specifications of violations of Article 134, UCMJ: For intentionally injuring himself by ingesting approximately 23 allergy pills (23 August 2007); and, For intentionally injuring himself by ingesting approximately 24 pills of Benadryl (12 September 2007). Record of Trial by Summary Court-Martial, dated 9 November 2007; reflects the applicant was charged with two specifications of violation of Article 134, for self-injury without the intent to avoid service. The applicant pled guilty to all specifications and was found guilty on all specifications. The sentence adjudged: Forfeiture $867 pay; reduction to E-1; and, confinement for 30 days. Several Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: 1135 days (NIF, 6 April 2002 - 31 May 2005) / The applicant's service record is void of any documentation to explain his 3 years, 1 month and 25 day absence. The lost time was not calculated in the applicant's total service and based on the service record, his absence was before he entered active duty on 24 July 2005. j. Diagnosed PTSD / TBI / Behavioral Health: Medical Record- Patient Release/Discharge Instructions, dated 28 September 2007, reflects the applicant was diagnosed with: Adjustment Disorder, Malingering; Personality Disorder; and, Overdose with Benadryl. Mental Status Evaluation, dated 21 September 2007, reflects the applicant was admitted to the hospital for a comprehensive psychiatric evaluation. The applicant was mentally responsible with a clear thinking process. He could understand the difference between right and wrong and could participate in the proceedings. He was cleared for administrative actions deemed appropriate by the command. The applicant was diagnosed with: Adjustment Disorder, Malingering (Axis I), Personality Disorder (Axis II) and Overdose with Benadryl (Axis III). The applicant provided a copy of his VA treatment records, dated 26 April 2011, which reflects the applicant was diagnosed with: Alcohol Abuse; PTSD; and, Depression (Axis I). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 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. 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 an upgrade of his under other than honorable conditions discharge to an 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 that he suffered from PTSD as a result of his combat deployment. Additionally, his command did help him deal with his condition. The applicant's service record contains documentation that supports a diagnosis of in service Adjustment Disorder and Personality Disorder; 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 21 September 2007, 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. Further, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. 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 4 August 2017, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service and the circumstances surrounding the discharge (i.e. suicide attempt, in- service OBH diagnosis and post-service diagnosis of PTSD), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD/RE Code to: No Change f. Restore (Restoration of) 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 AR20170004206 1