1. Applicant's Name: a. Application Date: 9 January 2018 b. Date Received: 16 January 2018 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 effect, that a severe injustice was done to him by discharging him. He contends that his discharge was the result of hitting his superior (First Sergeant) after he was spitting in his face as he was screaming at him for not being able to pass the physical fitness test due to his back condition that he is now service connected disable for and he had a profile for. This was a usual routine for the First Sergeant who had never been in combat like the rest of the battalion. He thought he could holler at anyone that he felt like. At the time he attacked the applicant he was already in a lot of pain and did not feel that he deserved respect. He was already being processed for a medical discharge, but due to this one incident, the First Sergeant was recommending to give him a dishonorable discharge. He is service connected through the VA for his back condition and PTSD for a total rating of 90 percent. He cannot work because of his disabilities and is in receipt of disability benefits from social security also. He has recently filed a claim through the VA for individual employability because he is unable to work due to the diagnosis of PTSD and back condition. He is now trying to raise two children that he has sole custody as a single parent and volunteer in his community where he organizes the annual parade and assist his mother with her needs for daily living. His days of fighting are completely done and he now focuses on family issues and helping others that need him. He is still able to do handyman work on his home and take care of his animals on his mini farm. Per the Board's Medical Officer, a voting member, based on the information available for review in the service record, AHLTA, and JLV, the applicant was diagnosed with PTSD. However, due to the nature of the misconduct, PTSD is not a likely cause of premeditated misconduct. Therefore, a nexus between the PTSD condition and the misconduct is not likely. In a records review conducted at Arlington, VA on 23 March 2018, and by a 3-2 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: Physical Condition, Not a Disability / AR 635-200 / Chapter 5-17 / JFV / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 20 January 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 December 2004 (2) Basis for Separation: The applicant was informed of the following reasons: Being diagnosed with an adjustment disorder with depressed mood and a personality disorder on 7 December 2004; and Being absent without leave from the Army from 8 September 2004 until his return on 28 September 2004 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 16 December 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 April 2002 / 8 years b. Age at Enlistment / Education / GT Score: 17 / GED / 97 c. Highest Grade Achieved / MOS / Total Service: E-3 / 63B10, Light Wheeled Vehicle Mechanic / 2 years, 8 months, 29 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (3 February 2003 to 8 July 2003) f. Awards and Decorations: NDSM, GWOTEM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG, Article 15, dated 7 October 2004, for being absent from his unit from 8 September 2004 until his return on 28 September 2004. The punishment received was not noted on the document. Counseling statement reference initiation of Chapter 5-17 action. i. Lost Time / Mode of Return: AWOL 21 days (8 September 2004 to 28 September 2004) / j. Diagnosed PTSD / TBI / Behavioral Health: Memorandum for Commander reference "Mental Health Evaluation in the Case of the applicant," dated 7 December makes reference to the applicant having been diagnosed with Axis I for adjustment disorder with depressed mood and alcohol abuse; and Axis II for personality disorder NOS with dependent features. The applicant was deemed unsuitable for continue military service. He met criteria for administrative separation IAW AR 635-200, Chapter 5-17 for adjustment disorder with depressed mood and Chapter 5-13 personality disorder. Rating Decision Letter from the Department of Veterans Affairs shows that the applicant was awarded 70 percent service connected disability for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; letter from Social Security; rating decision letter from the Department of Veterans Affairs; and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: He is now trying to raise two children that he has sole custody as a single parent and volunteer in his community where he organizes the annual parade and assist his mother with her needs for daily living. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier's ability to function in the military environment is significantly impaired. AR 635-200, paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization. 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. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record shows a mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder with depressed mood and personality disorder. The unit commander informed the applicant as to the specific factors in the service record that warranted a general, under honorable conditions discharge (i.e., being absent without leave from the Army from 8-28 September 2004). The applicant seeks relief contending, that a severe injustice was done to him by discharging him. He contends that his discharge was the result of hitting his superior (First Sergeant) after he was spitting in his face as he was screaming at him for not being able to pass the physical fitness test due to his back condition that he is now service connected disable for and he had a profile for. This was a usual routine for the First Sergeant who had never been in combat like the rest of the battalion. He thought he could holler at anyone that he felt like. At the time he attacked the applicant he was already in a lot of pain and did not feel the he deserved respect. He was already being processed for a medical discharge, but due to this one incident, the First Sergeant was recommending to give him a dishonorable discharge. The applicant's contentions were noted; however, evidence in the record shows the was not discharged as a result of the First Sergeant's action or because the applicant failed a physical fitness test but because of mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder with depressed mood and personality disorder and his being absent without leave from the Army from 8-28 September 2004 The applicant also contends he is service connected through the VA for his back condition and PTSD for a total rating of 90 percent. He cannot work because of his disabilities and is in receipt of disability benefits from social security also. He has recently filed a claim through the VA for individual employability because he is unable to work due to the diagnosis of PTSD and back condition. He is now trying to raise two children that he has sole custody as a single parent and volunteer in his community where he organizes the annual parade and assist his mother with her needs for daily living. His days of fighting are completely done and he now focuses on family issues and helping others that need him. He is still able to do handyman work on his home and take care of his animals on his mini farm. Evidence in the record dated 7 December 2004 does makes reference to the applicant having been diagnosed with Axis I for adjustment disorder with depressed mood and alcohol abuse; and Axis II for personality disorder NOS with dependent features. The applicant was deemed unsuitable for continue military service. He met criteria for administrative separation IAW AR 635-200, Chapter 5-17 for adjustment disorder with depressed mood and Chapter 5-13 personality disorder. The applicant's post-service accomplishments were noted and the applicant is to be commended on his accomplishments. 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 that 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 3-2 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: SECRETARIAL REVIEWING AUTHORITY (SRA): While the Board recommended denial of your request; as the Secretarial Reviewing Authority, I reviewed the findings, conclusions, and the board's recommendation under the authority of Title 10 United States Code Section 1553(b) and Department of Defense Instruction 1332.28 (Discharge Review Board (DRB) Procedures and Standards), enclosure E3.7.1.1.1. I find there is sufficient evidence to grant relief and direct that your DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by issuing you a new DD Form 214 showing the characterization of service as Honorable. 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 AR20180002494 1