1. Applicant's Name: a. Application Date: 1 December 2015 b. Date Received: 11 December 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 was admitted to the Landstuhl Mental Ward and diagnosed with PTSD. The applicant states that he is currently rated 60 percent disabled through the VA for PTSD and other physical ailments. 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. The electronic medical records (AHLTA) were reviewed with clinical encounters from November 2009 thru February 2013. Clinical notes reviewed from February 2010 thru 2013. Laboratory results reviewed from November 2009 thru January 2013. Radiology reports from December 2009 thru Nov 2012 (multiple films & MRIs of left hip stress fracture). Two theater visits on 3 and 4 Feb 2011 for TBI screening (both negative; normal MACE; no symptoms) after event. Post-deployment screening(22 November 2011), post- deployment ANAM on 27 March 2012; post deployment health re-assessment (PDHRA) on 27 March 2012 with applicant reporting issues with sleep and recurring nightmares; denies issues of depression or anxiety during the day; not interested in medication or seeing a therapist. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records note 16 problems (6 VA entered) including anxiety state not otherwise specified, insomnia unspecified, gastroesophageal reflux, tobacco use. The Veterans Affairs has service-connected the applicant at 60 percent overall (PTSD at 50 percent). In a records review conducted at Arlington, VA on 15 March 2017, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. (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: 15 March 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 February 2013 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; being AWOL (6 September 2012 to 25 October 2012) (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 19 February 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 4 March 2013 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 November 2009 / 3 years, 18 weeks / moral waiver (27 August 2009) b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 114 c. Highest Grade Achieved / MOS / Total Service: E-4 / 12B10, Combat Engineer / 3 years, 2 months, 9 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany, SWA / Afghanistan (19 November 2010 to 15 November 2011) f. Awards and Decorations: ARCOM, NDSM, ACM-2CS, GWOTSM, NCOPDR, ASR, OSR, NATOMDL, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 9 December 2012, for being AWOL (6 September 2012 to 25 October 2012). The punishment consisted of a reduction to E-2, forfeiture of $835 for two months (suspended), and extra duty and restriction for 45 days. A negative counseling statement for being AWOL. i. Lost Time / Mode of Return: 50 days (AWOL, 6 September 2012 to 25 October 2012) / surrendered to unspecified authorities. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical Examination, dated 18 January 2013, reflects the applicant was diagnosed with a history of continued cannabis abuse, an adjustment disorder with depressed mood, anxiety disorder and a nightmare disorder. Report of Mental Status Evaluation, dated 31 January 2013, reflects the applicant was diagnosed with (Axis I) anxiety disorder, not otherwise specified (NOS) and cannabis abuse. The applicant received psychotherapy and psychiatric treatment for symptoms of Post Traumatic Stress Disorder (PTSD) related to combat exposure, but he did not meet the diagnostic criteria for PTSD. He stated he is no longer receiving care from his counselor or psychiatrist. The applicant was psychologically cleared for any administrative actions his command sees fit. VA Benefits letter, dated 18 December 2014, indicates the applicant was assigned a 50 percent disability rating for PTSD, effective 16 March 2013. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; VA Benefits letter; Enlisted Record Brief; DD Form 214; Landstuhl Regional Medical Center documents; and a chronological record of medical care. 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. 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. By the misconduct (serious offense), the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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 he was admitted to the Landstuhl Mental Ward and was diagnosed with PTSD. The evidence of record (Landstuhl Regional Medical Center) document shows that the applicant was diagnosed with PTSD and some other mental health issues upon discharge. The applicant also contends that he is rated 60 percent disabled through the VA for PTSD and other physical ailments. The applicant submitted a VA document that indicates he was granted a 50 percent disabled rating for PTSD and 60 percent overall disabled rating, effective 16 March 2013. 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 15 March 2017, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 AR20150019255 4