1. Applicant's Name: a. Application Date: 3 February 2017 b. Date Received: 6 February 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through counsel, requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, he was diagnosed with chronic Post-Traumatic Stress Disorder on August 27, 2013. The diagnosis was reached during the course of a Compensation and Pension Examination, which indicated that the applicant had a global assessment of functioning ("GAF") score of 65. The doctor cited two specific stressors as being adequate to support a diagnosis of PTSD. These two stressors occurred in 2006, while the applicant was deployed to Afghanistan, as a Patient Administration Specialist. After a permanent change of duty station move in 2010, the symptoms of the applicant's then undiagnosed PTSD, began to interfere with his daily life. He found it increasingly difficult to maintain composure and control in his interactions with his then spouse. The complication led to more than one Military Protective Order (MPO), a required move from off-post housing to barracks housing, and a transfer from Hunter AAF (Tuttle Clinic) to Winn Army Community Hospital located at Fort Stewart, Georgia. The barracks housing was still located on Hunter AAF and this required the applicant to commute in excess of two hours per day between Winn Hospital and his barracks housing. In addition to aggravating his undiagnosed PTSD, the stress of his domestic situation, a change in his job, and the commute required to fulfill that job; all of this caused the applicant's stature and reputation with his fellow Soldiers to be diminished. He felt betrayed, ostracized, and singled-out by those who previously lauded his abilities as a non-commissioned officer and as a professional. Circumstances and situations that might have otherwise not affected him were magnified by his undiagnosed symptoms. The applicant's symptoms led him to make an uncharacteristic and drastic maneuver while operating a motor vehicle which led to a collision between his vehicle and a vehicle being operated by his then spouse, on a public roadway near Hunter AAF. This action was found to be a violation of the MPO then in effect and the applicant was given a Field Grade Article 15 and was thereafter separated from active duty service. Per the Board's Medical Officer, based on the information available for review at the time, the misconduct resulting in the applicant's Under Other Than Honorable Conditions discharge from the Army was not a consequence of PTSD but, rather, a continuation of a pattern of domestic violence established prior to the applicant's first deployment and, as such, is not mitigated by his diagnosis of PTSD. In a records review conducted at Arlington, VA on 12 July 2017, 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 / Chapter 14-12c / JKQ / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 20 April 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 July 2011 (2) Basis for Separation: The applicant was informed of the following reasons: He violated a military protective order issued by his company commander by using his vehicle to strike the side of his wife's vehicle while she was traveling at about 45 miles per hour. He had been reported on the blotter for numerous offenses ranging from cruelty to his children to assault consummated by battery. He was also cited by law enforcement personnel for driving without valid insurance, which he was ordered not to do. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 18 July 2011 (5) Administrative Separation Board: On 25 January 2012, the applicant was notified to appear before an administrative separation board and advised of his rights. On 7 February 2012, the administrative separation board convened and the applicant appeared with counsel. The board recommended the applicant's discharge with characterization of service of under other than honorable conditions. On 2 April 2012, the separation authority approved the findings and recommendations of the administrative separation board and directed the applicant's discharge with a characterization of service of under other than honorable conditions. (6) Separation Decision Date / Characterization: 2 April 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 April 2006 / 5 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 87 c. Highest Grade Achieved / MOS / Total Service: E-5 / 68G10, Patient Administration Specialist / 8 years, 9 months, 25 days d. Prior Service / Characterizations: RA, 26 June 2003 - 27 April 2006 / HD e. Overseas Service / Combat Service: Korea, SWA / Afghanistan (30 January - 29 January 2007), Iraq (9 July 2009 - 23 June 2010) f. Awards and Decorations: ARCOM-2, AAM-3, MUC-2, NDSM, ACM-2CS, GWOTSM, KDSM, HSM, ICM-CS, NCOPDR, ASR, OSR-3, NATOMDL g. Performance Ratings: 1 August 2009 - 28 April 2010, Fully Capable 29 April 2010 - 30 September 2010, Among The Best 1 October 2010 - 24 May 2011, Marginal h. Disciplinary Action(s) / Evidentiary Record: Administration Separation Board Findings, dated 7 February 2012, reflects the Board found that the allegation in the notice of administrative separation IAW AR 635-200, Chapter 14, paragraph 14-12c, was supported by a preponderance of the evidence. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of his VA disability rating decision, dated 12 September 2013, which reflects the applicant was rated 30 percent disability for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: The applicant stated he had obtained employment. 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, through counsel, 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 that he was suffering from undiagnosed PTSD, which affected his behavior which led to his discharge. Further, the VA has granted him a service connected disability for PTSD. The applicant's service record is void of a mental status evaluation to substantiate his claim that he was suffering from PTSD while on Active Duty. The applicant contends that he was having family issues that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant contends that he had good service which included two combat tours. 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 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 The third party statements provided with the application speak highly of the applicant's performance. They all recognize his good conduct after leaving the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 12 July 2017, 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 d. Change SPD / RE Code to: No Change e. 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 AR20170005125 6