IN THE CASE OF: Mr. BOARD DATE: 10 December 2014 CASE NUMBER: AR20140000152 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant's record of service during the period of enlistment under review, and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests an upgrade of his discharge from general, under honorable conditions to honorable. 2. The applicant states, in effect, as a result of his good service which included a deployment to Afghanistan and the receiving of the AAM for saving a fellow Soldier's life while deployed his discharge should be upgraded to honorable. He contends he suffers from PTSD and traumatic brain injury which were both diagnosed by the Veterans Administration after rigorous testing. He found it increasingly difficult to control his temper due to his PTSD/TBI symptoms resulting in the characterization of service he received at the time of discharge. He contends since his discharge, he has been given a disability rating from the Veterans Administration of 40 present for PTSD and that he continues to receive treatment on a regular basis. He contends he has been able to live a productive life and currently works with a rewarding career in the medical field to better his patients lives every day. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 23 December 2013 b. Discharge received: General, Under Honorable Conditions c. Date of Discharge: 2 October 2009 d. Reason/Authority/SPD/RE: Physical Condition, Not a Disability, AR 635-200, Chapter 5-17, JFV, RE-3 e. Unit of assignment: HHC, 2nd Bn, 82d CAB (R)(P), Fort Bragg, NC f. Current Enlistment Date/Term: 9 September 2009, 3 years and 21 weeks g. Current Enlistment Service: 1 year, 22 days h. Total Service: 1 year, 3 months, 8 days i. Time Lost: None j. Previous Discharges: RA-071115-080131/UNC k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: 88M10, Motor Transport Operator m. GT Score: 95 n. Education: HS Graduate o. Overseas Service: Southwest Asia p. Combat Service: Afghanistan (090401-090724) q. Decorations/Awards: AAM, ACM-w/2CS, NDSM, GWOTSM, ASR, NATOMDL r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 15 November 2007, for a period of 3 years and 17 weeks and was discharged on 31 January 2008. The applicant reentered the Army on 11 September 2009, for a period of 3 years and 21 weeks. He was 19 years old at the time of reentry and a high school graduate. His record indicates he served in Afghanistan and earned several awards to include the AAM. He was serving at Fort Bragg, NC when separation action was initiated. He completed a total of 1 year, 3 months, and 8 days of total military service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence of record shows that on 24 July 2009, the applicant was diagnosed by competent medical authority with a disorder of Axis I: an adjustment disorder with anxiety and depressed mood. It was determined that the anxiety and depression would not be relieved until the applicant was out the Army despite continued treatment by behavioral health. 2. On 8 September 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, section III, paragraph 5-17, AR 635-200, by reason of physical condition, not a disability for being diagnosed by competent medical authority with an adjustment disorder with anxiety and depressed mood, lying to a noncommissioned officer by stating his appointment was going to last three hours long instead of 10 minutes (090901) and for being disrespectful to a noncommissioned officer by back talking. 3. The commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. 4. On 9 September 2009, the applicant consulted with legal counsel, was advised of the impact of the discharge action, and did not submit a statement in his own behalf. The unit commander subsequently recommended separation from the service. 5. On 14 September 2009, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 6. The applicant was discharged from the Army on 2 October 2009, with a characterization of service of general, under honorable conditions under the provisions of Chapter 5, paragraph 5-17, AR 635-200, for a physical condition, not a disability, with a Separation Program Designator code (SPD) of JFV and an RE code of 3. 7. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. Report of Behavioral Health Evaluation, dated 24 July 2009, which indicates the applicant was diagnosed with an adjustment disorder with anxiety and depressed mood. The psychiatrist indicted the applicant had the mental capacity to understand and participate in the proceedings, was mentally responsible, and meet the retention requirements of Chapter 3, AR 40-501. 2. The psychiatrist also noted the applicant meet psychiatric criteria for expeditious administrative separation IAW Chapter 5-17, AR 635-200. In her opinion the applicant would not respond to command efforts at rehabilitation (such as transfer, disciplinary action or reclassification) or to any behavioral health treatment methods at the time available in any military behavioral health facility. Expeditious separation was judged to be in the best interest of both the applicant and the Army. 3. Four negative counseling statements dated between 20 August 2009 and 8 September 2009, for disrespect to a noncommissioned officer, lying to a noncommissioned officer and notification of intent to separate with a general, under honorable conditions discharge. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 293, a self-authored timeline of events leading to his separation, letter of accommodation, letter of support, and a copy of his DD Form 214 for the period of service under review. POST-SERVICE ACTIVITY: The applicant states, in effect, that since his discharge he has been able to live a productive life and currently works as a medical assistant in the Aegis Medical Systems with a rewarding career in the medical field to better the lives of his patients. REGULATORY AUTHORITY: 1. 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. 2. 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. 3. 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. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge was carefully considered. However, after a careful review of all the available records for the period of enlistment under review, and the issues and documents he submitted, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge. 2. A mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder with anxiety and depressed mood. The unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other designated physical or mental condition not amounting to a disability, with a general, under honorable conditions discharge and informed the applicant as to the specific factors in the service record that would warrant such discharge. 3. The record confirms that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. 4. The applicant contends he had good service which included a deployment to Afghanistan and received an AAM for saving a fellow Soldier's life while deployed. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceedings were carefully considered. However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the incidents of misconduct and negative counseling statements. 5. He also contends he suffers from PTSD and traumatic brain injury which were both diagnosed by the Veterans Administration after rigorous testing and that he found it increasingly difficult to control his temper due to his PTSD/TBI symptoms resulting in the characterization of service he received at the time of discharge. However, the service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result PTSD. The record indicates the applicant was diagnosed with an adjustment disorder with anxiety and depressed mood and was recommended for expeditious administrative separation IAW with Chapter 5-17, AR 635-200. It was noted the applicant was considered mentally responsible for his actions. He was psychiatrically cleared for any administrative action deemed appropriate by his command to include UCMJ or chapter separation. 6. 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. 7. Therefore, the reason for discharge and the characterization of service being both proper and equitable, the analyst recommends the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 10 December 2014 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 0 No Change: 5 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: No Change Characterization to: No Change Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140000152 Page 6 of 6 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1