1. Applicant's Name: a. Application Date: 31 December 2016 b. Date Received: 6 January 2017 c. Counsel: None 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 may have PTSD that was not diagnosed while in the military. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has AHLTA diagnoses of Adjustment Disorder with Anxiety, Depression, Insomnia, Marital Problem, Occupational Problem, and Relational Problem. He also has sleep disorders, but they were judged to have an organic cause. A note on 01 March 2012 also mentioned a personality disorder. His profile was also noted as S1 at this time. In his final contact on 04 February 2013, his psychologist did use Personality Disorder NOS as a diagnosis, as well as Adjustment Disorder with Depressed Mood. An AHLA note on 14 September 2014 mentioned the applicant had 2 DV incidents in 2 months and was living in the barracks. FAP issued a Closure Letter for the Case (2012075) for treatment failure. The second case was judged not to meet criteria on 11 September 2012. He had a Separation Medical Exam on 31 July 202 that did not indicated impairing psychiatric conditions. At that time, he also denied most significant PTSD symptoms, but did endorse "numbing." He had more than one CDE. In the JLV, the applicant has a VA SC disability rating of 30%, with the 30% being for PTSD. VA Problem List included PTSD, Major Depressive Disorder, and Housing Problems. Despite the PTSD diagnosis, the applicant's disciplinary problems involved not properly returning ammo and stealing over $9000 of government property. These misconducts are not plausibly attributable to PTSD. The misconduct is not mitigated. In a records review conducted at Arlington, VA on 20 April 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 23 February 2013 c. Separation Facts: No (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 September 2007 / 6 years b. Age at Enlistment / Education / GT Score: 24 years / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-5 / 92Y1P, Unit Supply Specialist / 12 years, 2 months, 8 days d. Prior Service / Characterizations: USAR, 16 December 2000 to 29 January 2001 / NA RA, 30 January 2001 to 25 February 2003 / HD RA, 26 February 2003 to 25 February 2004 / HD RA, 26 February 2004 to 4 September 2007 / HD e. Overseas Service / Combat Service: SWA / Afghanistan, 16 February 2009 to 17 February 2010 / Iraq x2, 4 October 2006 to 23 November 2007 and 15 April 2003 to 15 April 2004 f. Awards and Decorations: ARECOM-2, AAM-4, AGCM-3, NDSM, ACM-2CS, ICM-CS, GWOTEM, GWOTSM, NOPDR-2, ASR, OSR-3, NATO MDL, CAB g. Performance Ratings: 2 September 2007 to 19 September 2011, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 10 August 2012, for being derelict in the performance of those duties in that he negligently failed to properly turn in ammunition, as it was his duty to do (3 October 2011); and stealing money, military property, of a value of $9,113.36, the property of the U.S. Army (15 April 2010); reduction to SPC / E-4 and an oral reprimand. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: VA document dated 1 July 2016, shows that the applicant was assigned an evaluation for 30 percent for PTSD, previously referred to as major depressive disorder with anxious distress moderate depression (claimed as PTSD), effective 17 August 2015, which was subsequently increased to 50 percent, effective 3 June 2016. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); VA entitlement letter (two pages); VA benefits letter (four pages); DD Form 214 (two pages); VA diagnosis / treatment letter; and two support statements. 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 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. 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. 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 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 pattern of misconduct, 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 JKA (i.e., pattern of misconduct), with a reentry eligibility (RE) code of 3. The applicant seeks relief contending, he may have PTSD that was not diagnosed while in the military. The applicant submitted a VA document that shows he was assigned an evaluation of 50 percent for PTSD, previously referred to as major depressive disorder with anxious distress moderate depression (claimed as PTSD), effective 3 June 2016. 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 20 April 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 AR20170006418 4