1. Applicant’s Name: a. Application Date: 27 October 2015 b. Date Received: 2 November 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. The Board would consider him for a possible upgrade as instructed by Department of Defense Instruction (DoDI) 1332.28. Accordingly the applicant’s request is treated as a request to upgrade his general, under honorable conditions discharge to honorable. The applicant presented no issue(s) of propriety and/or equity for consideration. In a records review conducted at Arlington, VA on 20 June 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: 27 October 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 October 2009 (2) Basis for Separation: The applicant was informed of the following reasons: disobeying a lawful regulation; being absent without leave; and, failing to report to his appointed place of duty at the prescribed time. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 7 October 2009 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 6 October 2009 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 6 February 2008 / 4 years b. Age at Enlistment/Education/GT Score: 18 / GED / 105 c. Highest Grade Achieved/MOS/Total Service: E-3 / 21K10, Plumber / 1 year, 6 months, and 18 days d. Prior Service/Characterizations: ARNG, 22 August 2007 – 28 September 2007 / UNC e. Overseas Service/Combat Service: None f. Awards and Decorations: NDSM; ASR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Counseling statements for being recommended for an involuntary separation; FG Article 15, dated 16 September 2009, for violating a regulation (10 April 2009), being AWOL (4 May 2009 through 15 August 2009), and failing to go to his appointed place of duty at the prescribed time (21 April 2009). The punishment consisted of a reduction to E-1, forfeiture of $699.00 pay per month for two months, restriction for 45 days (both the forfeiture and restriction were suspended), and extra duty for 45 days. i. Lost Time: 103 days (AWOL, 4 May 2009 - until he surrendered to military authorities on 14 August 2009) j. Diagnosed PTSD/TBI/Behavioral Health: Report of Mental Status Evaluation, dated 26 August 2009, reflects that the applicant indicated he was experiencing stress, depressed mood, and anger issues due to his being unable to respond to NCO’s demands along with having to come to terms with the choices he has made, that his active psychiatric diagnoses were the following: Axis I: Occupational Problem, Axis II: No Diagnosis on Axis II, Axis III: Refer to Medical Records, and Axis IV: Financial, Occupational, and Family Stressors. 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 27 October 2015, and 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, by implication provided the same guidance to the Service Discharge Review Boards whose decisions are reviewable by the Service Correction Boards. That memorandum provided PTSD or PTSD-related conditions "will be considered potential mitigating factors in the misconduct that caused the under other than honorable conditions characterization of service." However, the memorandum also states, "Corrections Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service of under 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 the 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 did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by DoDI1332.28, which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. Accordingly the applicant’s request is treated as a request to upgrade his general, under honorable conditions discharge to honorable. The applicant presented no issue(s) of propriety and/or equity for consideration. The applicant’s record of service and the document submitted with his application were carefully reviewed. The record confirms that the applicant’s discharge was appropriate because of unsatisfactory performance which diminished the quality of his 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, such that he should have been retained. 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional documents: Character letters (6 pages) b. The applicant presented the following additional contentions: Change to RE-Code and characterization 10. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 20 June 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 AR20150017034 4