1. Applicant's Name: a. Application Date: 8 November 2015 b. Date Received: 16 November 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, that his current discharge does not adequately reflect his service. He contends he served honorably and was a superb Cavalry Scout. He believes his ARCOM with valor speaks volumes of the kind of things he did every day, always showing courage, especially under fire, and was wounded in action (WIA). Per the Board's Medical Officer, based on the information available for review at the time, the applicant is seeking an upgrade of his General Discharge to Honorable or perhaps a medical retirement. The applicant served with valor in Afghanistan and his heroism was recognized by the Army, as he does have a medal for ARCOM valor and a Combat Action Badge. Prior to his deployment to Afghanistan, he had received ASAP treatment for his substance problems that emerged after a deployment to Iraq, and was actually diagnosed as in remission from Amphetamine Dependence in June 2009. During his Army service, he received no behavioral- health diagnoses for disorders like PTSD, depression, or even for a TBI. He was exposed to a blast in Iraq in 2011, but is reported by the provider as suffering no loss of consciousness or memory lapse. It was noted he was in a vehicle damaged by a mortar blast, and that he was wearing his helmet. The last behavioral-health note in AHLTA was on 3 May 2011. The note does set the stage for subsequent difficulties, and reads as follows: "Met with 23 year-old, married with a divorce pending SM at SRP site. SM recently returned from deployment in Afghanistan and is AMBER on the DRAT list (recent break up in marital relationship). This was SM's second deployment. Reports prior excessive drinking in 2008 resulting in ASAP tx in 2009 / currently reports occasional use of alcohol approx. 1x monthly. . . Reports ASAP tx for Meth usage but alcohol became part of tx plan as well. He denies any drug usage since 2009." After he was arrested and incarcerated, he said he was deeply troubled whilst still in the Army. Although that may be true, he clearly had nothing in his record that would have led a competent provider to an MEB referral. Certainly no mandatory medical decision points had been reached. Despite his brave war service, he received a General Discharge because of the seriousness of the civil offenses he committed during the time of his Active Duty Service that led to incarceration during his Active Duty in a California prison. There is no reason to dispute the mental-health evaluations that he received in prison that have diagnosed chronic PTSD, a history of brain injury, and substance use disorders, with his amphetamine use being so severe at times that, according to a prison psychologist, applicant was experiencing drug-induced psychoses that resolved when he obtained enough sleep. The drug use was of course not new and he had had treatment for it in ASAP. Based on the violent nature of the offenses, their spacing, and the length of his sentence, which attests to the severity of his offenses, neither PTSD nor other mental health disorders mitigate his misconduct. The applicant has also received assistance from the VA, and now has an 80 percent service-connected disability rating from the VA. The record does NOT support that the Army had sufficient reason to refer him to a Medical Review Board prior to his discharge. In a records review conducted at Arlington, VA on 8 March 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: Misconduct (Civil Conviction) / AR 635-200 / Chapter 14-5, Section II / JKB / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 3 October 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 April 2013 (2) Basis for Separation: The applicant was convicted of two (2) counts of kidnapping and one (1) count of assault with force. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 September 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 October 2010 / 5 years b. Age at Enlistment / Education / GT Score: 22 / GED / 119 c. Highest Grade Achieved / MOS / Total Service: E-5 / 19D20, Cavalry Scout / 6 years, 4 months, 17 days d. Prior Service / Characterizations: RA, 17 May 2007 to 17 October 2010 / HD e. Overseas Service / Combat Service: SWA / Iraq (12 November 2007 to 19 November 2008) Afghanistan (28 April 2010 to 29 April 2011) f. Awards and Decorations: ARCOM-V, ARCOM-2, AAM, AGCM, NDSM, ACM-CS, GWOTSM, ICM-CS, ASR, OSR-2, NATOMDL, CAB g. Performance Ratings: NIF h. Disciplinary Action(s) / Evidentiary Record: The Superior Court, State of California, County of Santa Barbara, Santa Maria Division court documents reflect the charges brought against the applicant, the two counts of kidnapping the applicant pled no contest to, and the enhancement to the count of use of a firearm. The applicant was sentenced to state prison for kidnapping and robbery for 18 years. Personnel Action Forms, dated 18 November 2011 and 19 March 2013, reflect the applicant's duty status changed from "Dropped from Rolls (DFR)" to "Civilian Confinement," effective 20 July 2011 and from "DFR" to "Civilian Confinement," effective 18 September 2011. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Mental Health Evaluation CDCR 7386, State of California, Department of Corrections and Rehabilitation, dated 1 March 2013, reflect the applicant was diagnosed with (Axis I) PTSD, amphetamine abuse, opiate abuse, alcohol abuse, concussion during wartime, and (Axis II) history of concussions during wartime, TBI reported. Documents submitted by the applicant show he was diagnosed with (Axis I) PTSD: chronic, major depressive disorder recurrent without psychotic features, insomnia due to another Axis disorder, amphetamine-related disorder not otherwise specified (NOS); (Axis IV) social, occupational, familial; and global assessment of functioning. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; ARCOM with V Device related documents; chronological record of medical care for wounds received in action; psychological evaluation; and OMPF documents. 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. 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 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 that his current discharge does not adequately reflect his service. He contends that he served honorably, was a superb Cavalry Scout, his ARCOM with Valor speaks volumes of the kind of things he did every day, always showing courage, especially under fire, and was wounded in action (WIA). The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceedings were carefully considered. The applicant is to be commended for his accomplishments. However, it appears his service was determined not to be sufficiently mitigating to warrant a different characterization of service at the time of discharge. Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be separated when initially convicted by civil authorities, or when action is taken that is tantamount to a finding of guilty, if a punitive discharge authorized for the same or a closely related offense under the Manual for Courts Martial or the sentence by civil authorities includes confinement for 6 months or more, without regard to suspension or probation. It should be noted, by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct (civil conviction). It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. Independent evidence submitted by the applicant showing he suffered with PTSD and other medical issues was noted; however, this does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. 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 8 March 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 AR20150018932 1