1. Applicant's Name: a. Application Date: 24 August 2017 b. Date Received: 25 August 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable, a narrative reason change and consideration for medical retirement. The applicant seeks relief contending, in effect, he was approved to be medically retired, but he was only given a discharge. He needs medical help and the relief requested would allow him to receive the help he needs. He went through a medical board and wherein he was approved to be medically retired and he later received a 100 percent disability rating from the VA. He had medical documentation of his medical problems, which some could have been preventable had he received help in time. He was discharged nine months before his 20 years, without a medical retirement. He served proudly and more than honorable as reflected in his military records. His evaluations reflect that he always made a difference and he set new unit standards and missions. He states, he was having problems mentally, which resulted in him going through a horrific divorce. He confided in his leaders and told them what he was going through. He began to drink and he was not thinking rational due to all the extreme stress that he was going through. His ex-wife kept his children away from him, which prompted him to file a police report. The applicant informed his leaders of his problem and he told them that he needed help. He was told to make sure that he was providing for his family and he was treated as if he should know what to do because of his rank. He went broke supporting his family and supporting himself in a nearby apartment. During this time, he did not know that he had PTSD and he was asking for help, because he had reached a time in his life that he did not have any answers and he did not know what to do. He states, his commander kept in touch with the applicant's ex-wife and made sure that she was okay, but the applicant was looked at as if he should know better because of his rank. He states he knew better, but all he knew to do is ask for help. He asked to get help with seeing someone to get medication and he would go to the emergency room, but all they would do is tell him to follow up with behavioral health. He states, once one goes to behavioral health, it took two months to see someone and receive medication. Because of this, he became more depressed and he did not know how to deal with his PTSD. He called Army One Source, but their policy is, if the Soldier is being seen at behavioral health, they cannot help the Soldier. He informed his leader of this fact, and again, they thought he should know what to do. Due to him being so stressed, depressed, and feeling alone and helpless, he did not know what to do. He states, the only help he received was counseling to ensure that he paid child support or make appointments. His many requests for help were ignored and he reached a point where his drinking led him to receiving a DUI. After receiving his DUI, he confronted his leaders with his problems of PTSD, lack of money and no medication, but months went by and he received no help from his command. One day he went to pick up his children and he was had to wait outside for over an hour. He was depressed and upset and he knocked on the door to get his children. The door was thrown in his face and the applicant put his arm up to stop it from hitting him and pushed it away. He entered and grabbed his daughters and then waited outside and called the police. He was charged with breaking and entering and assault, but all the charges were dismissed and are not in his records. The applicant states, that his first sergeant told him that his commander went through the same situation with her ex-husband and she wanted to make sure that the applicant was not doing the same to his ex-wife. This was the first time he believed that he was not being treated fairly. He was counseled for the incident, but, he was not counseled on how or where to get help. He believes this was injustice and his unit was just keeping records of his ruined life. He states, leaders are taught to take care of their Soldiers and follow up. He displayed the signs of a Soldier that was leading to disaster and he had told his leaders, but no one reached out to help him, until it was all over. He states, this is not an excuse for what he did, but had he received help, it could have prevented much of it. 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.Applicant presented to Behavioral Health (BH) in Dec 2005 and Sep 2009 for marital conflict. In Nov 2012, he underwent Neuropsychological testing because he felt his memory was bad. Testing showed his memory to be intact. PTSD screen at this time was negative. In Sep 2014, he was seen at command's request after his wife reported he was unstable and a potential danger to himself, his wife and their children (applicant and wife were in process of divorcing). On MSE, applicant denied suicidal or homicidal ideation and was cleared. In Nov 2014, applicant was command referred to ASAP after being arrested for DWI in Oct 2014 (BAC was approx. 0.2). Applicant reported drinking 8 shots of tequila and 2 beers prior to incident. He maintained he was not the driver. Stated the other guy was driving until car got a flat tire. Applicant reports that the police stopped while he was changing the tire and the other driver fled at that time, resulting in applicant being arrested. Applicant also reported to ASAP that he had been arrested and convicted of DWI in Hawaii in 2000. He was diagnosed with Alcohol Abuse. In Feb 2016, he reported during his psychiatry intake that he had been taking both a SSRI and Tramadol and stopped the SSRI in order to keep taking the Tramadol. He reported he had been prescribed Xanax which he felt was very effective. BH educated applicant that Xanax was addictive, especially in the presence of alcohol abuse. At this time, they diagnosed the applicant with Adjustment Disorder with Anxiety and Depression and prescribed him propranolol for anxiety. In May 2016, applicant reported he was drinking more to help him sleep, stating he was stressed by his ex-wife and ongoing legal investigation. He was diagnosed with Anxiety Disorder Unspecified. His propranolol, which had been ineffective, was stopped, and he was started on Lexapro. His MEB Behavioral Health NARSUM, completed in Aug 2016, found the applicant's diagnosis of Anxiety Disorder Unspecified did not meet retention standards. In Sep 2016, he was seen by Psychiatry and diagnosed with PTSD. In Oct 2016, while his separation status was still uncertain (MEB vs. separation), the applicant presented to multiple health care providers with complaints of impaired memory and of new onset symptoms of "zoning out", having difficulty moving his body versus uncontrollable tremors, seeing a dead friend and talking to him and then seeing that he had a gunshot wound in his the middle of his face, nightmares of carrying a dead soldier, hitting and yelling in his sleep, losing control of his bladder and bowels on two occasions, panic attacks and uncontrollable leg shaking. In subsequent appointments, he continued to complain of memory issues and reported he was being accused of lying by his command. He reported to his Primary Care Provider (PCP) that he could not tell what was real from what was not real and he requested the PCP write a statement to his command stating he had a medical problem causing him to say and act the way he does. His PCP diagnosed him with Adjustment Disorder. (The medical note from 25 Oct 2016 states that the applicant reported he had just received an Art 15 for lack of integrity.) His PCL-5 in Oct 2016 was positive at 65. In Oct 2016, he was seen by Neurology for his multiple new onset neurological complaints. Neurology documented that his neuro exam was normal. They ordered neuropsych testing, brain MRI and EEGs to rule out any brain pathology. Applicant had two EEGs, both of which were negative. He never followed through on his head MRI (although head CT from Sep 2016 was normal). His neuropsych testing indicated that he was feigning and exaggerating his cognitive and psychological impairment. The report stated: "No cognitive or psychiatric diagnosis can be made at this time due to clear evidence of feigned and exaggerated cognitive and psychological impairment. He [i.e.-applicant] meets several criteria for malingering." It was noted that the applicant's cognitive complaints were multiple standards of deviation above samples of patients with severe traumatic brain injury. The neuropsychologist diagnosed applicant with Probable Malingering. (Of note, after testing, applicant cancelled all 3 of his scheduled appointments with neuropsych). VA records indicate applicant is 100% service connected: 50% SC for sleep apnea, 50% SC for migraine headaches, 30% SC for PTSD, and multiple 10-20% SC ratings for orthopedic and peripheral nerve disorders. Applicant has been diagnosed with PTSD related to combat both in service and by the VA. He is 30% SC for PTSD by the VA. He has also been diagnosed with Alcohol Abuse. A Fitness for Duty examination was completed in Oct 2015 which determined that the applicant met medical retention standards IAW AR 40-501. However, his MEB BH NARSUM (Aug 2016) found that the applicant's diagnosis of Unspecified Anxiety Disorder did not meet retention standards. He has been arrested for DWI two times: in Jan 2000, in Oct 2014. While PTSD can be associated with the use of alcohol to self-medicate symptoms which could, conceivably, lead to driving while intoxicated, in the applicant's case, his first DWI conviction occurred prior to his combat deployment and the development of PTSD. As such, it appears that his subsequent arrest for DWI (Oct 2014) is less likely than not due to PTSD and more likely than not due to an underlying, premorbid problem with alcohol abuse. As such, PTSD would not be considered a mitigating condition for this offense. Similarly, PTSD also does not mitigate the offenses of making a false statement, disobeying a lawful order not to drive, driving on a suspended license on multiple occasions, using false pretenses that applicant was authorized to drive while knowing his driver's license was suspended, wrongfully endeavoring to impede an administrative actions by wrongfully causing, under false pretenses, CPT X and LTC X to request an approval for restoring his on-post driving privileges, assaulting Mrs. X, violating terms of his probation by criminally trespassing and writing a bad check for child support. In a records review conducted at Arlington, VA on 23 March 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: Unacceptable Conduct / AR 600-8-24, Chapter 4-2B and 4-24 / BNC / NA / General (Under Honorable Conditions) b. Date of Discharge: 4 August 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 June 2015 (2) Basis for Separation: The applicant was informed to show cause for retention on active duty under the provisions of AR 600-8-24, paragraphs 4-2b for misconduct, moral, or professional dereliction or in the interests of national security, due to the following reasons: Operating a motor vehicle when his blood alcohol content (BAC) was 0.093 grams per 100 milliliters of whole blood, on 15 January 2000, which resulted in a General Officer Memorandum of Reprimand (GOMOR), dated February of 2000; operating a motor vehicle when his BAC was 0.208 grams per 100 milliliters of whole blood, which resulted in a GOMOR dated May of 2015; engaging in reckless conduct on 11 October 2014, by driving a vehicle while drunk, which was a conduct likely to cause death or grievous bodily harm. Conduct unbecoming an officer by operating a motor vehicle while drunk. Making a false official statement to CPT X, on or about 4 March 2015, by telling CPT X, "[He] was not aware that [he] had [his] driver's license suspended," or words to that effect, which statement was totally false. Disobeying a lawful order from CPT X, not to drive a vehicle, an order which it was his duty to obey, fail to obey the same by wrongfully driving a vehicle on divers occasions, between on or about 27 February 2015 and on or about 31 March 2015. Driving a vehicle while his driver's license was suspended, on divers occasions, between on or about 27 February 2015 and on or about 1 April 2015, in violation of Title 7, Section 521.457, of the Texas Penal Code. Wrongfully endeavor to impede an administrative adverse action of the Installation Commander, 502d Mission Support Group, Colonel X, Joint Base San Antonio, Texas, by requesting to restore his on-post driving privileges, under false pretenses that he was authorized to drive while knowing that his driver's license was suspended, and by misrepresenting himself as a newly-divorced, single father; wrongfully endeavor to impede an administrative adverse action of the Installation Commander, 502d Mission Support Group, Colonel X, Joint Base San Antonio, Texas, by wrongfully causing, under false pretenses, CPT X and LTC X to request an approval for restoring his on-post driving privileges. Assaulting Mrs. X, on or about 16 February 2015; criminally trespassing the residence of Mrs. X, on or about 16 February 2015; violating the terms of his probation by committing an offense against the Laws of the State of Texas by assaulting Mrs. X; violating the terms of his probation by committing an offense against the Laws of the State of Texas by criminally trespassing the residence of Mrs. X. Making and uttering to Mrs. X a check for the purposes of child support, and did, thereafter, dishonorably fail to maintain sufficient funds in his bank account for payment of such check upon its presentation for payment. (3) Legal Consultation Date: 31 July 2015 (4) GCMCA Recommendation Date / Characterization: / General (Under Honorable Conditions) (5) DA Ad Hoc Review Board: 13 June 2017 (6) Deputy Assistant Secretary of the Army (Review Boards) decision: 17 July 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Appointment: 7 March 2007 / Indefinite b. Age at Appointment / Education / GT Score: 27 / Less than 2 years College / NA c. Highest Grade Achieved / MOS / Total Service: CW3 / 125D0, Geospatial Engineer Technician / 19 years, 3 months, 18 days d. Prior Service / Characterizations: RA, 17 June 1998 - 8 August 2002 / HD RA, 9 August 2002 - 2 December 2004 / HD RA, 3 December 2004 - 6 March 2007 / HD e. Overseas Service / Combat Service: Hawaii, SWA / Iraq (4 January 2004 - 31 October 2004 / 18 March 2008 - 5 October 2008) f. Awards and Decorations: BSM, MSM, ARCOM-4, AAM-2, ASUA, AGCM-2, NDSM, GWOTEM, GWOTSM, HSM, ICM-CS, NCOPDR-2, ASR, OSR-4 g. Performance Ratings: 15 December 2007 - 27 May 2010 / Best Qualified 28 May 2010 - 28 February 2012 / Best Qualified 1 March 2012 - 30 June 2012 / Best Qualified 1 July 2012 - 31 March 2014 / Best Qualified 1 April 2014 - 30 April 2015 / Not Qualified h. Disciplinary Action(s) / Evidentiary Record: San Antonio, Police Department DWI / Traffic Case Report, dated 11 October 2014, reflects the applicant was arrested for DWI. He refused to provide breath and or blood sample. After a search warrant was obtained for a specimen blood was drawn. A laboratory test determined the alcohol concentration to be .0208 grams of ethyl alcohol per 100 milliliters of whole blood. Cibolo Police Department, Incident Report, dated 16 February 2015, reflects the applicant was arrested for Criminal Trespass, habitation and Assault by Contact / Family Violence. General Officer Memorandum Of Reprimand, dated 5 March 2015, for driving while impaired on 11 October 2014, with a blood alcohol content of .208, which was twice the Texas legal limit. GO Article 15, dated 21 October 2016, for: Making a false official statement (24 and 25 August 2016); On or about 23 August 2016, with intent to deceive, sign an official record, DA Form 31, dated 20160823, which record was false in that he was not authorized convalescent leave; On or about 25 August 2016, with intent to deceive, submit to CPT R official records, to wit: DA Form 31 dated 20160823, a Pre-admission Patient Instructions document, an Orthopedic Clinic Pre-Op Checklist, and a DD Form 689 dated 22 August 2016, which records were false in that he did not have surgery in August of 2016 and he was not entitled to convalescent leave; On or about 23 August 2016, for the purpose of avoiding service as a warrant office, feign a hand surgery; On or about 20 August 2016 and 22 August 2016, with intent to defraud, falsely make a certain writing on a DD Form 689, in the following words and figures, to wit: "22 August 2016," "Other Con Leave," and" Recommend 30 days of convalescent leave. Starting on 23 August 2016," which said writing would, if genuine, apparently operate to the legal harm of another. On or about 25 August 2016, present to CPT R false medical documents in order to receive convalescent leave he was not entitled to, which under the circumstances constituted conducted unbecoming an officer and a gentleman. On or about 24 August 2016, wrongfully advise N T to provide a false official statement to CPT X, by having her text the said CPT X "Hi. This is N his wife. I have his phone. Hes [sic] not done yet. I'll get all his paperwork turned in once everything is over. Last surgery he had to spend the night and was heavily medicated until the evening. Thank you for checking on him," which conduct was prejudicial to good order and discipline in the armed forces and was of a nature to bring discredit upon the armed forces. On or about 22 August 2016 and 25 August 2016, willfully and unlawfully alter a public record, to wit: A Pre-Admission Patient Instructions document, an Orthopedic Clinic Pre-Op Checklist, and a DD Form 689, dated 22 August 2016, which conduct was prejudicial to good order and discipline in the armed forces was of a nature to bring discredit upon the armed forces. The punishment consisted of a forfeiture of $1000 pay per month for two months; and, a written reprimand. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 30 November 2015, 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 Anxiety Disorder with Mixed Anxiety and Depressed Mood (by hx), r/o Post Traumatic Stress Disorder (Axis I). 5. APPLICANT-PROVIDED EVIDENCE: Online application and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. A discharge of honorable, general, or under other than honorable conditions characterization of service may be granted. 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 "JNC" as the appropriate code to assign commissioned officers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4-2b, unacceptable conduct. 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 general (under honorable conditions) discharge to honorable, a narrative reason change and consideration for medical retirement. 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 Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the unacceptable conduct or poor duty performance, such that he should have been retained. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 4, paragraph 4-2b, AR 600-8-24 with a honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unacceptable Conduct," and the separation code is "JNC." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends that he was discharged without a medical retirement. However, the applicant's requested change to the DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. Further, the applicant requested resignation in lieu of elimination and the applicant's record contains no evidence of arbitrary or capricious actions by the command. The applicant's service record contains documentation that supports a diagnosis of in service Anxiety Disorder with Mixed Anxiety and Depressed Mood (by hx), and, r/o Post Traumatic Stress Disorder (Axis I). 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 30 November 2015, 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 applicant provided no evidence that he was diagnosed with PTSD by the VA. The applicant contends his leadership ignored his requests for help. 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. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. Accordingly, this argument is not sufficient to support his request for an upgrade of his discharge. 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 23 March 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 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 Code to: No Change f. Change 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 AR20170012960 1