1. Applicant's Name: a. Application Date: 30 November 2015 b. Date Received: 4 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. The applicant seeks relief contending, in effect, he is getting help for his Post Traumatic Stress Disorder (PTSD) now and believes it was the cause for the changes in him. Per the Board's Medical Officer, based on the information available for review at the time, the applicant's mental status deteriorated. His VA problem list shown in the JLV showed diagnoses that included Alcohol Abuse, Cannabis Abuse, Cocaine, Dependence, Other Depressive Disorder, and PTSD. He appears to have been first diagnosed with PTSD in 2015, and has had a hospital admission associated with it and homelessness. His JLV records suggested homeless is still a problem. He has had periods of relatively intense treatment for his PTSD and aid with his homelessness and drug addictions. His positive-screen for PTSD on his pre- discharge MSE and his subsequent PTSD diagnosis by and treatment at the VA make him an apt candidate for mitigation under the Secretary of Defense's Policy of Liberal Guidance. In a records review conducted at Arlington, VA on 29 March 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's combat service, circumstances surrounding his discharge (i.e. PTSD symptoms presented in-service and post-service VA diagnosis), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of a partial 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: 6 March 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 February 2014 (2) Basis for Separation: The applicant was informed of the following reasons: failed to go at the time prescribed to his appointed place of duty; being disrespectful in language towards a noncommissioned officer; and, he wrongfully communicated a threat to a noncommissioned officer. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 18 February 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 22 February 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 November 2011 / 4 years, 24 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-3 / 42A10, Human Resources Specialist / 2 years, 4 months d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (15 September 2012 to 7 June 2013) f. Awards and Decorations: NDSM, ACM-CS, GWOTSM, ASR, OSR, NATOMDL, MUC g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Summarized Article 15, dated 7 March 2013, for failing to go at the time prescribed to his appointed place of duty (2 March 2013) and being disrespectful in language toward SGT A.R., a superior noncommissioned officer (2 March 2013). The punishment consisted of extra duty for 10 days, 4 days (suspended), and an oral reprimand. On 17 March 2015, the suspension of punishment of extra duty for 4 days was vacated for the new offense of being disrespectful in language toward SGT A.R., a superior noncommissioned officer (16 March 2013). CG Article 15, dated 20 March 2013, for being disrespectful in language toward SGT A.R., a superior noncommissioned officer (16 March 2013). The punishment consisted of a reduction to E-2, forfeiture of $396 pay (suspended), extra duty for 14 days, and an oral reprimand. On 3 April 2013, the suspension of punishment of forfeiture of $396 pay was vacated for the new offense, which was not contained in the vacation of punishment. FG Article 15, dated 12 April 2013, for being disrespectful in language toward SGT A.R., a superior noncommissioned officer (29 March 2013) and wrongfully communicate to SGT A.R. a threat (29 March 2013). The punishment consisted of a reduction to E-1 (suspended), extra duty for 14 days, and an oral reprimand. The applicant received several negative counseling statements for being recommended for separation from active duty, disrespecting a noncommissioned officer, destruction of government property, i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 16 January 2014, reflects the applicant was diagnosed with (Axis I) depression. The applicant screened positive for PTSD and did not meet full criteria. He also screened positive for TBI and would like further evaluation. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 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 and the issues 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 is getting help for his PTSD and that it was the cause of the changes in him. However, the service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. 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 29 March 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's combat service, circumstances surrounding his discharge (i.e. PTSD symptoms presented in-service and post-service VA diagnosis), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of a partial 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 AR20160002146 1