1. Applicant's Name: a. Application Date: 6 November 2015 b. Date Received: 9 November 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions) or honorable. The applicant seeks relief contending, in effect, he had undiagnosed PTSD symptoms while on active duty; he was suffering and did not know why. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has no mitigating behavioral health conditions for the offenses leading to his separation from the military. The military and VA electronic medical records were reviewed. In a records review conducted at Arlington, VA on 7 December 2016, and by a 5-0 vote, the Board determined the discharge was improper. The evidence indicates the applicant was entitled to an administrative separation board because he had over 6 years of total active and reserve military service at the time of initiation of the separation action. An administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects the applicant did not receive an administrative separation board and did not waive it either. Denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority. This action entails restoration of grade to SPC/E-4. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 23 February 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 January 2009 (2) Basis for Separation: The applicant was informed of the following reasons: failed to be at his appointed place of duty four times (6 June 2007 to 11 August 2008); failed to conform to the standard for the Battery Command TA-50 layout (19 November 2007); failed to be in the right uniform, failed to follow a lawful order, by failing to bring his IBA, protective mask, and Kevlar to the battery for M9 Preliminary Marksman Instruction (4 June 2007); violated an Army Policy twice by having chewing tobacco in his mouth while in the battery classroom and in formation between (26 April 2007 and 22 May 2007); violated a lawful order from a noncommissioned officer by failing to pay his wife a support payment on three occasions (between 1 March 2007 and 30 April 2007); and, received a CG Article 15 for failing to obey a lawful order from a NCO (29 May 2007). (3) Recommended Characterization: The unit commander recommended a General (Under Honorable Conditions) The battalion commander recommended an Under Other Than Honorable Conditions (4) Legal Consultation Date: 20 January 2009 (5) Administrative Separation Board: Conditionally waived, 20 January 2009, contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions). (6) Separation Decision Date / Characterization: 3 February 2009 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 October 2005 / 6 years b. Age at Enlistment / Education / GT Score: 26 / HS Graduate / 82 c. Highest Grade Achieved / MOS / Total Service: E-5 / 14S10, Avenger Crewmember / 9 years, 4 months, 26 days d. Prior Service / Characterizations: RA, 28 September 1999 to 27 September 2002 / HD ARNG, 28 September 2002 to 2 July 2003 / HD RA, 3 July 2003 to 4 October 2005 / HD e. Overseas Service / Combat Service: SWA / Iraq (1 May 2005 to 24 October 2005) f. Awards and Decorations: ARCOM, AAM-3, AGCM-2, NDSM, ICM-2CS, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 29 May 2007, for failing to obey a lawful order issued by SFC S (26 April 2007). The punishment consisted of a reduction to E-3 (suspended), forfeiture of $481 pay for one month (suspended), extra duty and restriction for 14 days. Report of Mental Status Evaluation, dated 3 October 2008, reflects the applicant met retention standards prescribed in chapter 3, AR 40-501, and there was no psychiatric disease or defect that warranted disposition through medical channels. He was psychiatrically cleared for administrative proceedings. The applicant received numerous negative counseling statements for initiation chapter 14 separation, failure to report several time, civilian confinement, lack of standards, failure to prepare, uniform violation, use of tobacco, disobeyed a lawful order, chewing tobacco in formation, failing to provide support for family members, uttering worthless checks, failing to pay just debt, marital problems, and adultery. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 214, dated 23 February 2009; DD Form 214, dated 27 September 2002; NGB Form 22, dated 5 September 2000; Army National Guard Retirement Points History Statement; Army National discharge orders 352-1076. 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 14-12b 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." "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 under other than honorable conditions discharge to general (under honorable conditions) or honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence indicates the applicant was entitled to an administrative separation board and had over 6 years of total active and reserve military service at the time of initiation of the separation action and was recommend for an under other than honorable conditions discharge by the battalion commander. An administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects the applicant did not receive an administrative separation board and did not waive it either. Denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 7 December 2016, and by a 5-0 vote, the Board determined the discharge was improper. The evidence indicates the applicant was entitled to an administrative separation board because he had over 6 years of total active and reserve military service at the time of initiation of the separation action. An administrative separation board is a right and required under the provisions of Army Regulation 635-200, and the record reflects the applicant did not receive an administrative separation board and did not waive it either. Denial of an administrative separation board constituted a prejudicial error to the rights of the applicant and the discharge is improper. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority. This action entails restoration of grade to SPC/E-4. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, Chapter 5-3 e. Change SPD/RE Code to: Change SPD to JFF/ No Change to RE code f. Restore Grade to: E-4/SPC 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 AR20150017872 1