1. Applicant’s Name: a. Application Date: 29 December 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, as a result of his deployment to Iraq, he has suffered from PTSD to the point that his VA psychiatrist recommended that he be discharged from the Army due to the severity of his disability. He also recommended to his chain of command that the applicant not attend weekend drills or AT for the same reason and that he was not deployable. Despite the circumstances, his unit discharged him with a general, under honorable conditions discharge for not attending drills or AT. The VA has assigned him a disability rating of 50 percent for PTSD. He states, his PTSD directly affected his performance following his combat deployment. Prior to his deployment, he had a good record of performance and attendance and has never had any disciplinary action. Per the Board’s Medical Officer, based on the information available for review at the time, the applicant had a behavioral health condition which is mitigating for the misconduct which led to his separation from the Army. Review of the military electronic medical records indicates the applicant demonstrated symptoms consistent with Post Traumatic Stress Disorder after returning from deployment. Because PTSD can be associated with avoidant behaviors, such as unauthorized absences, there is a nexus between this applicant’s misconduct and his PTSD symptoms. Although there is no diagnosis of PTSD in AHLTA, supporting documentation indicates a diagnosis of PTSD by the VA in August 2008 with a service connected disability rating of 50 percent. He was also diagnosed with Alcohol Abuse, Marijuana Abuse, Depression NOS, Chronic Headaches, and Insomnia. A medical note dated 3 December 2008 from Dr. Elhaj of the Louis Stokes Cleveland Department of Veterans Affairs Medical Center stated “I continue to recommend that this veteran be excused from participating in any and all Army related activities.” A second medical note dated 18 August 2008, indicates Dr. Mako – the applicant’s treating psychologist, wrote a letter to the Army Reserve endorsing the applicant’s separation based on PTSD symptoms and that he not participate in monthly drills due to his PTSD symptomatology. Military records indicate the applicant did not respond to notifications from his Command regarding missed drill periods and there is a lack of evidence if the applicant communicated recommendations from medical providers regarding his PTSD diagnosis to his Command; however, VA records indicate the applicant was trying to get medically discharged from the Reserve, therefore it is probable his Command was aware of his mental health condition since a medical discharge cannot be initiated solely by the applicant. In a records review conducted at Arlington, VA on 28 September 2016, and by a 5-0 vote the Board determined that the characterization of service was inequitable based on the applicant’s length and quality of his service and circumstances surrounding his discharge (i.e. in-service and post service diagnosis of PTSD). Accordingly, the Board voted to grant relief in the form of an upgrade of 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: NIF / AR 135-178 / NIF / NIF / NIF / General (Under Honorable Conditions) b. Date of Discharge: 23 February 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: The applicant provided a copy of his notification of separation letter, which reflects the applicant was sent the notification letter on or about 14 January 2009. The applicant was given a suspense of 13 February 2009 to respond to the notification. (2) Basis for Separation: The applicant accrued nine unauthorized absences from scheduled unit training and training assemblies in a one year period. He was not considered to have future mobilization potential. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: The evidence provided by the applicant reflects he did not respond to the notification, thereby waiving his right to legal counsel. (5) Administrative Separation Board: The evidence provided by the applicant reflects he did not respond to the notification, thereby waiving his right to an administrative separation board. (6) Separation Decision Date/Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date/Period of Enlistment: 11 September 2004 / USAR, 8 years b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / NIF c. Highest Grade Achieved/MOS/Total Service: E-4 / 88M10, Motor Transport Operator / 4 years, 5 months, 12 days d. Prior Service/Characterizations: RA, 28 June 2006 - 21 October 2007 / HD e. Overseas Service/Combat Service: SWA / Kuwait/Iraq (18 September 2006 - 11 September 2007) f. Awards and Decorations: ARCOM-2, NDSM, GWOTSM, ICM, ASR, OSR, AFRMM, CAB g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: Discharge Orders 09-054-0008, dated 23 February 2009, reflects the applicant was discharged from the United States Army Reserve, effective 23 February 2009, with a characterization of service of General, Under Honorable Conditions. i. Lost Time: NIF j. Diagnosed PTSD/TBI/Behavioral Health: Louis Stokes Cleveland VA letter, dated 3 December 2008, reflects the applicant had been treated for PTSD since 16 January 2008. The physician opined the severity of the applicant’s illness most likely would have prevented him from participating in any and all Army related activities. He recommended that the applicant be excused from participating in any and all Army related activities. VA Rating Decision letter, dated 15 September 2008, reflects the applicant was granted a 50 percent disability rating for service-connected PTSD. VA Medical Records, dated 18 August 2008, reflects the applicant was diagnosed with (Axis I) Posttraumatic Stress Disorder, Alcohol abuse, Marijuana abuse, Depression NOS and (Axis III) Chronic headaches, Insomnia, Foot Pain, Shrapnel injury. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; Discharge Order 09-054-00008, dated 23 February 2009; DD Form 214; VA medical diagnosis letter, dated 22 February 2016; VA Medical Treatment Records; VA Rating Decision letter, dated 15 September 2008; and a copy of his notification of separation proceedings, dated 14 January 2009. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. The characterization is based upon the quality of the Soldier’s service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army regulations, and the time-honored customs and traditions of the Army. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized if the Soldier is in entry-level status. However, the permissible range of characterization varies based on the reason for separation. 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 upgrade of his general (under honorable conditions) discharge to honorable. The applicant’s available 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 and diminished the quality of his service by his refusal to participate in unit drills. 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 The applicant’s service record contains documentation that supports a diagnosis of in service PTSD; however, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. It appears the applicant’s chain of command determined that although he was suffering from PTSD, he knew the difference between what was right and wrong. The applicant contends that he had good service, which included combat deployment. The applicant’s service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 28 September 2016, and by a 5-0 vote the Board determined that the characterization of service was inequitable based on the applicant’s length and quality of his service and circumstances surrounding his discharge (i.e. in-service and post service diagnosis of PTSD). Accordingly, the Board voted to grant relief in the form of an upgrade of 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 Separation Order: No 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 To: ARBA Promulgation Team, Arlington, VA Date: 28 November 2016 The Army Discharge Review Board, under the provisions of Title 10, United States Code, Section 1553, in the case of the applicant named in page 1, directs the ARBA Promulgation Team, Arlington, VA to issue a new discharge order to the applicant which reflects the following directed changes: (X) Change characterization of discharge to Honorable. 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 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160002159 1