DEPARTMENT OF THE ARMY ARMY REVIEW BOARDS AGENCY 251 1BTH STREET SOUTH, SUITE 385 ARLINGTON, VA 22202-3531 SAMR-RB 14 August 2017 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for AR20170007737 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 15 June 2017, in which the Board members unanimously recommended denial of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by reissuing the applicant a DD Form 214 showing his characterization of service as general, under honorable conditions. I direct no further correction be made to the record of the individual concerned. 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 14 December 2017. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: Encl /,b> - d . : Deputy Assistant Secretary of the Army (Review Boards) IN THE CASE OF BOARD DATE: 15 June 2017 DOCKET NUMBER: AR20170007737 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ ___x_____ ___x__ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 15 June 2017 DOCKET NUMBER: AR20170007737 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is insufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20160002743, dated 9 December 2016. ___________x_______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 15 June 2017 DOCKET NUMBER: AR20170007737 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). CONSIDERATION OF ADDITIONAL EVIDENCE: 14. At the time of the ABCMR decision in Docket Number AR20160002743, dated 9 December 2016, the Board had not received a medical advisory opinion. 15. On 21 February 2017, the Army Review Boards Agency Staff Clinical Psychologist provided an advisory opinion. After reviewing the available records, the Staff Clinical Psychologist opined: a. The applicant met medical retention standards for medical, physical, mental and/or behavioral health conditions in accordance with chapter 3, Army Regulation 40-501 (Standards of Medical Fitness), and following the provisions set forth in Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) that were applicable to the applicant's era of service. b. The following documentation was reviewed: the applicant's current ABCMR application, limited Department of Veterans Administration (VA) medical documentation, and the applicant's military medical and personnel records. The military electronic medical record was not reviewed as it was not in use during the applicant's time in service. c. The applicant's prior requests for discharge upgrades have been denied and he is now appealing the denial by the ABCMR in January 2015. The applicant is basing part of his appeal on his mental status at the time of his difficulties. He specifically mentions post-traumatic stress disorder (PTSD) and views his confinement at hard labor and treatment by Soldiers during confinement as the trauma that led to his PTSD. He provided no medical records from the time of his discharge or incarceration. The VA records available did show diagnoses of alcohol abuse, anxiety disorder, cocaine abuse, hepatitis-C, and PTSD. However, there is no evidence of a diagnosis of PTSD prior to 2015. None of the VA records available provided an account of how the diagnosis was reached or for how long the applicant has had symptoms of PTSD. Further, the applicant's records did not show any sign of intellectual deficiency that would mitigate his misconduct. d. The applicant's explanation of his absences without leave at the time they occurred did not have to do with his mental state, but his personal circumstances. In regard to logic, even if one accepts that he developed PTSD from mistreatment when incarcerated, that occurred after his misconduct, not before. His case would then hinge on whether his unwillingness to change his attitude was a result of PTSD or, for example, resentment over being incarcerated. Given the available records, there is no way of ascertaining why he did not begin to perform at an acceptable level after his confinement ended. e. The applicant's mental health conditions were considered at the time of his discharge from the Army. f. A review of the available documentation did not discover evidence of a mental health condition that was sufficient to change the character of the discharge in this case. A nexus between the applicant's misconduct and his mental-health was not discovered. 16. A copy of the advisory opinion was forwarded to the applicant for review and comment; however, he did not respond. ADDITIONAL DISCUSSION: 5. The clinical psychologist's review of the available documentation found no evidence of a mental-health or medical condition that would support a change to the character or reason for the discharge in this case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS SUPPLEMENTAL RECORD OF PROCEEDINGS ABCMR Record of Proceedings @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS SUPPLEMENTAL RECORD OF PROCEEDINGS Enclosure 1 ABCMR Supplemental Record of Proceedings (cont) AR20170007737 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS SUPPLEMENTAL RECORD OF PROCEEDINGS Enclosure 2