1. Applicant's Name: a. Application Date: 27 October 2015 b. Date Received: 3 October 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 seeks relief contending, in effect, he respectfully requests an upgrade to his discharge to allow him to use the Post 9/11 or GI Bill. Continuing his education is a big part of his future. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. Report of Medical History (DD From 2807-1) dated 8 June 2010 with unremarkable history. Report of Medical Examination (DD Form 2808) dated 8 June 2010 with unremarkable clinical evaluation, PULHES-111111, qualified for service. The electronic medical records (AHLTA) were reviewed with clinical encounters from November 2010 through April 2013. Clinical notes reviewed from April 2012 through December 2013. Radiology reports reviewed from December 2010 through January 2013. Laboratory results reviewed from October 2010 through November 2013. First behavioral health (BH) visit on 29 March 2012 (military in-processing; no issues) and follow-up call 20 June regarding marital issues with first psychology visit on 29 June 2012 regarding anger issues (very extensive EPTS (existed prior to service) childhood and adolescent psychiatric, psychosocial, abuse, and cutting history). Multiple subsequent counseling, biofeedback education, group therapy (anxiety management) and family advocacy visits and notes. Report of Mental Status Evaluation (DA Form 3822) dated 25 Nov 2013 with Axis I - Adjustment disorder with anxiety and depressed mood (one medication); Axis II - no diagnosis: Axis III - see AHLTA notes. Negative PTSD and TBI screening. Report of Medical History (DD Form 2807-1) dated 7 Nov 2011 for chapter with one current medication, several 'yes' responses explained in item 29, reviewed with provider on 3 Dec 2013. Report of Medical Assessment (DD form 2697) dated 6 Nov 2013 with one medication, reviewed with provider on 3 Dec 2013. Report of Medical Examination (DD Form 2808) dated 3 Dec 2013 with unremarkable clinical evaluation, PULHES-111111, qualified for service. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Administration records notes 23 problems (four VA entered including interpersonal & legal problems, family disruption, and lack of housing). The Veteran's Administration has not service- connected the applicant. In a records review conducted at Arlington, VA on 27 January 2017, 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: Pattern of Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 28 February 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 February 2014 (2) Basis for Separation: The applicant was informed of the following reasons: failed to report to his appointed place of duty at the time prescribed and made a false official statement (1 February 2013); struck and shoved his wife, destroyed her mobile telephone to prevent her from calling the police and unlawfully imprisoned her in the residence (23 September 2013); and, violated a stay away order of protection issued by the Watertown City Court, by entering he residence of the protected party (9 December 2013). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 11 February 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 25 February 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 October 2010 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 4 months, 4 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: AAM, NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 23 September 2013, reflects the applicant was apprehended for criminal mischief, 4th degree (2 counts) (on post) and harassment, 2nd degree (civil) (off post). Military Police Report, dated 10 December 2013, reflects the applicant was apprehended for criminal contempt, 2nd degree (off post). Numerous Developmental Counseling Forms for arrest by civil authorities, disobeying a lawful order, disrespect towards a noncommissioned officer, AWOL, insubordinate conduct, general article, and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 25 November 2013, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with Adjustment Disorder with anxiety and depressed mood. Report of Medical History, dated 12 December 2013, indicates the applicant has been counseled for anger, anxiety and has had family advanced therapy at behavioral health. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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." 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. 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 be retained on active duty. The applicant contends that an upgrade would allow educational benefits through the use of the GI Bill. However, 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 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 27 January 2017, 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 / Issue a New Separation Order: 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: No Change AUTHENTICATING OFFICIAL: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer 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 NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150017507 1