1. Applicant’s Name: a. Application Date: 28 December 2015 b. Date Received: 14 January 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a change to his narrative reason for discharge. The applicant seeks relief contending, in effect, at the time of discharge he was unaware of his condition of PTSD and T.B.I, which he sustained in a helicopter crash in 2003. He contends he was dealing with injuries (testicular torsion) when his unit was redeployed to Iraq. He was forced to stay back stateside. His squad leader that was assigned to him was someone he had never met who threatened to send him to Iraq as an E-1 if he did not paint the headquarters. He showed him the profile that he had and he said he did not care. He is currently rated with 60 percent service connect disability for PTSD and TBI and trying to move forward in my career. Per the Board’s Medical Officer, based on the information available for review at the time, to include the electronic military medical record, a limited review of the VA electronic medical record and the VA medical notes provided by the applicant, the applicant had two mitigating behavioral health conditions for the offenses which led to his separation from the Army. The applicant has been diagnosed with combat related PTSD and mild TBI. The PTSD and TBI are conditions that can contribute to irritability and disrespectfulness. PTSD is also associated with avoidant behaviors and can contribute to being absent without leave. In a personal appearance hearing conducted at Arlington, VA on 26 September 2016, and by a 5-0 vote, the Board determined the discharge is now inequitable. The Board found the overall length and quality of the applicant's service, to include combat, and his post service diagnosis of in-service PTSD and TBI. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable, a change to the narrative reason for separation to Secretarial Authority, and SPD Code to JFF. This action entails a change to the reentry eligibility (RE) code to 1. (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: 20 April 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 March 2004 (2) Basis for Separation: The applicant was informed of the following reasons: AWOL (17 January 2004 until his return on 21 January 2004); and, disrespectful to a noncommissioned officer. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 30 March 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 7 April 2004 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date/Period of Enlistment: 20 February 2002 / 3 years b. Age at Enlistment/Education/GT Score: 19 / HS Graduate / 86 c. Highest Grade Achieved/MOS/Total Service: E-3 / 11B1P, Infantryman / 2 years, 2 months, and 1 day d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Afghanistan (2 December 2002 – 14 July 2003) f. Awards and Decorations: AAM, NDSM, GWOTEM, GWOTSM, ASR, CIB g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: FG Article 15, dated 22 January 2004, for going AWOL (17 January 2004 - 21 January 2004) and being disrespectful in language towards a noncommissioned officer by saying to him (20 January 2004). The punishment consisted of a reduction to E-1, forfeiture of $597.00 pay per month for two months (suspended), and 45 days extra duty and restriction. Two Developmental Counseling Forms, dated 20 January 2004, for failure to report and being disrespectful towards a noncommissioned officer. i. Lost Time: 2 days (AWOL, 17 January 2004 – 19 January 2004) j. Diagnosed PTSD/TBI/Behavioral Health: DA Form 3822 (Report of Mental Status Evaluation), dated 17 March 2004, reflects the applicant was diagnosed with (Axis I) Occupational/Military/Legal Problems (Chapter 14-12c). It was also noted the applicant was mentally responsible for his behavior, could distinguish right from wrong, and possessed sufficient mental capacity. There was no evidence of an emotional or mental disorder of psychiatric significance to warrant disposition through medical channels. He was psychiatrically cleared for any administrative action as deemed appropriated by his command. 5. APPLICANT-PROVIDED EVIDENCE: An online application; Department of Veterans Affairs letters, dated 10 August 2007 and 25 September 2009; and a DD Form 214. The letters from the Department of Veterans Affairs, reflect the applicant has been awarded service connected disability of 50 percent for PTSD and 10 percent for concussion with residual myofascial headaches. 6. POST SERVICE ACCOMPLISHMENTS: The applicant graduated from college and has been in the criminal justice field for 8 1/2 years. 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (serious offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general, under honorable conditions discharge to honorable and a change to his narrative reason for discharge. 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 requested that his narrative reason for separation be changed. However, the appropriate SPD code and reason to assign enlisted Soldiers who are discharged for misconduct (serious offense) is “JKQ” and the RE code is 3. The regulation further stipulates that no deviation is authorized. The applicant contends at the time of discharge he was unaware of his condition of PTSD and TBI, which he sustained in a helicopter crash in 2003. He contends he was dealing with injuries (testicular torsion) when his unit was redeployed to Iraq. The applicant’s contention of not being aware of his conditions of PTSD and TBI at the time of discharge and that he has been awarded service connected disability were also noted. However, although, the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty 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 (i.e., PTSD or TBI) during his discharge processing that would have warranted his separation processing through medical channels. The applicant expressed his desire for an upgrade of his discharge for the purpose of being about to move forward in his career. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant’s discharge is commensurate with his overall service record. 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 documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional documents: College Transcripts – 2 pages Letter of Recommendation – 1 page VA Rating letter – 5 pages b. The applicant presented no additional contentions. c. Witness(es)/Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 26 September 2016, and by a 5-0 vote, the Board determined the discharge is now inequitable. The Board found the overall length and quality of the applicant's service, to include combat, and his post service diagnosis of in-service PTSD and TBI. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable, a change to the narrative reason for separation to Secretarial Authority, and SPD Code to JFF. This action entails a change to the reentry eligibility (RE) code to 1. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change SPD/RE Code to: JFF/RE-Code 1 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 VA - Veterans Affair ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160000703 4