1. Applicant’s Name: a. Application Date: 13 July 2015 b. Date Received: 17 July 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 and a change to the narrative reason for his separation. The applicant seeks relief contending, in pertinent part and in effect, he did not do anything wrong, because he had asked a fellow Soldier who had been in the unit longer than he was, if it was okay to take the tool. The Soldier responded that it did not belong in the unit and the NCO who had bought it was already gone from the unit, so he took it. The next day the acting first sergeant harassed him about the 10-inch DeWalt handsaw, and he dealt with the MPs. An NCO informed him that the fellow Soldier had been changing his story three times already, yet, the unit used it against him. Changes to his discharge would provide for his family, and to rejoin the Army once more. Per the Board’s Medical Officer, based on the information available for review at the time, the applicant had a behavioral health condition which is mitigating for some but not all of the offenses which led to his separation from the Army. The military electronic medical record (AHLTA) documents that the applicant developed symptoms of PTSD after witnessing his sergeant in AIT commit suicide by shooting himself. There is a likely connection between his PTSD and the offenses of failure to report to duty, failure to follow orders and disrespectfulness toward his NCOs. However, PTSD is not associated with the offense of larceny. In a records review conducted at Arlington, VA on 9 September 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 18 April 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 March 2013 (2) Basis for Separation: The applicant was informed of the following reasons: wrongfully took a saw from building 7200, which was government property (28 August 2012); failed to report to his appointed place of duty on divers occasions (between 2 February 2012 and 27 February 2013; lied to a superior noncommissioned officer on divers occasions (between 5 March 2012 and 3 March 2013); failed to follow a direct order from a superior noncommissioned officer (3 April 2012 and 27 February 2013); disrespected a superior noncommissioned officer (27 February 2013); and, drove without registration and insurance and did not stop when authorities asked him to (7 January 2013). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 27 March 2013 (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 3 April 2013 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 9 August 2010 / 4 years b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / 89 c. Highest Grade Achieved/MOS/Total Service: E-4 / 91F10, Small Arms/Artillery Repairer / 2 years, 8 months, and 10 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None / None f. Awards and Decorations: NDSM, GWTSM, ASR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Negative counseling statements for being involved in a theft of a Dewalt circular saw; failing to inform an NCO of his division post policy duty from 1 through 8 August; failing to be at his appointed place of duty at the prescribed on numerous occasions; implementing measures to prevent future absences; driving on post without a US driver’s license; lying to an NCO; having disregard for laws and regulations; losing government property; disobeying a direct order; having a history of lying; having no respect for authority; disrespecting an NCO; and failing to register and maintaining insurance on POV. MP Police Report, dated 10 December 2012, reflects the applicant was the subject of an investigation for larceny of government property. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: DD Form 2807-1 (Report of Medical History), dated 19 September 2012, indicates the applicant noted having PTSD and the examiner noted the applicant being treated for adjustment disorder by the behavioral health clinic. Report of Mental Status Evaluation, dated 12 September 2012, indicates the applicant was diagnosed with an adjustment disorder grief reaction, and he was psychiatrically cleared for separation under the provisions of Chapter 14-12c consideration by his command. 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 13 July 2015; DD Forms 214 and 215; and Enlisted Record Brief. 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 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, misconduct (serious offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 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 and a change to the narrative reason for his separation. The applicant’s record of service, and 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. It brought discredit on the Army, and was prejudicial to good order and discipline. 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, such that he should have been retained on active duty. The applicant contends the discharge was unjust because the Soldier, who told him that the NCO who bought the handsaw was no longer in the unit, had changed his stories several times, yet the unit used taking the handsaw against him. 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 his issues. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he may have been unjustly discharged. 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 or to change the narrative reason for his discharge. Regarding the applicant’s request to change the narrative reason for his discharge, the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 14, paragraph 14-12c is “Misconduct (Serious Offense)” and the separation code is JKQ. 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 changes to his discharge would provide for his family, perhaps by having better job opportunities and the benefits of the GI Bill. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The applicant desires to rejoin the military service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. Although the applicant did not raise any behavioral health issues, a careful review of the applicant’s record indicates his behavioral health issues symptoms existed. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of 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 9 September 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 VA - Veterans Affair ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150012198 5