1. Applicant’s Name: a. Application Date: 8 May 2015 b. Date Received: 11 May 2015 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 also requests that several awards that are not listed on his DD Form 214 under review be added. Evidence in the record shows that in a separated case review by the Army Board for Correction of Military Records (ABCMR) record of proceedings (AR 20160006074), these issues were addressed; therefore, they will not be readdressed at this time. The applicant seeks relief contending, in effect, at the time of discharge he had a very difficult time adjusting to the military, as evidenced by the two suicide attempts while he was serving. He contends that he completed the majority of his enlistment and that he served his unit, the Army, and his country honorably. He admits that he was not a perfect Soldier; however, at the minimum, he should get credit for the awards he earned and the training that he successfully completed. Per the Board's Medical Officer, based on the information available for review at the time, there was insufficient evidence to determine if there was a nexus between a behavioral health or medical condition and the misconduct which led to the applicant's separation from Army. The applicant did not provide additional medical records as requested. In a records review conducted at Arlington, VA on 3 August 2016, 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: Unsatisfactory Performance / AR 635-200, Chapter 13 / JHJ / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 5 September 2002 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 July 2002 (2) Basis for Separation: The applicant was informed of the following reasons: received an Article 15 for hiding a person in his trunk to sneak them onto post, he was reduced to E-2, but execution of that punishment was suspended (17 July 2001); being disrespectful towards a noncommissioned officer, as a result, the suspended reduction was vacated and he received a Summarized Article 15; formally counseled for disrespecting and disobeying a noncommissioned officer and multiple instances of failure to report to his appointed place of duty; being ticketed by Military Police December 2001 for failure to produce his USAREUR driver’s license; and, received a Company Grade Article 15 for unlawfully striking H.J. (18 July 2002). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 26 July 2002 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 16 August 2002 4. SERVICE DETAILS: a. Date/Period of Enlistment: 7 February 2000 / 3 years b. Age at Enlistment/Education/GT Score: 19 / GED / 107 c. Highest Grade Achieved/MOS/Total Service: E-3 / 63J10, Quartermaster and Chemical Equipment Repairer / 2 years, 6 months, and 29 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: Germany / None f. Awards and Decorations: ASR, OSR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Military Police Report, dated 9 July 2001, reflects the applicant was the subject of an investigation for failure to obey an order or regulation. CG Article 15, dated 17 July 2001, for violating a lawful general order, by wrongfully bringing an individual onto an Army installation without showing identification on 5 July 2001. The punishment consisted of a reduction to E-2 (suspended) and 14 days of extra duty and restriction. DA Form 2627-2 (Record of Supplementary Action Under Article 15, UCMJ), dated 26 October 2001, shows the suspension of punishment of a reduction to E-2 imposed on 17 July 2001 was vacated based on the offense of being disrespectful towards a noncommissioned officer on or about 15 October 2001. DA Form 2627-1 (Summarized Record of Proceedings Under Article 15, UCMJ), dated 31 October 200, for being disrespectful in deportment toward a noncommissioned officer by rolling his eyes at him and turning his back on him on or about 15 October 2001. The punishment consisted of extra duty and restriction for seven days (suspended). Military Police Report, dated 1 June 2002, reflects the applicant was the subject of an investigation for assault. CG Article 15, dated 18 July 2002, for unlawfully striking H.J., in the face with his closed fists. The punishment consisted of reduction to E-2 (suspended), forfeiture of $289.00 (suspended), and extra duty for 14 days. Several negative counseling statements, dated between 21 December 2000 and 7 June 2002, for failure to be at his appointed place of duty, failing to obey a lawful order from a noncommissioned officer, being disrespectful toward a noncommissioned officer, and recommendation for separation under the provisions of Chapter 13. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 8 May 2015, and a DD Form 214. 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 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier. Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members’ discharges. “Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre-existing conditions which are determined not to have been incurred or aggravated while in military service.” “Conditions documented in the 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 PTSD or PTSD related conditions 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 under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD or PTSD-related conditions as a causative factor 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. Correction Boards will also exercise caution 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 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 military personnel. By the unsatisfactory performance, the applicant diminished the quality of his service below that meriting an honorable characterization of service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. The applicant seeks relief contending, at the time of discharge he had a very difficult time adjusting to the military, as is evidence by his two suicide attempts while serving. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he attempted suicide as a result of his difficulty adjusting to the military. In fact, the applicant’s three Articles 15 and numerous negative counseling statements justify unsatisfactory performance. The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. He also contends he complete the majority of his enlistment and that he served his unit, the Army and his country honorably. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered and the applicant is to be commended for his service. 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 3 August 2016, 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: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: 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 BH – Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150008396 1