1. Applicant’s Name: a. Application Date: 15 January 2016 b. Date Received: 1 February 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 the narrative reason for separation to include the reenlistment (RE) code. The applicant seeks relief contending, in effect, his discharged should be upgraded because he knows many Soldiers in his unit who did far worse than him and had disciplinary problems far worse than his. He was going through so much in his unit as far as being treated unfairly because of his sexual orientation and was made to do PT alone. He even recommended himself to behavioral health for guidance to help him out with his unit, but his unit complained about his appointments and he had to stop going. His first tour was in South Korea and he left in one year with three AAMs. He desires to receive VA benefits for school. He wants to continue serving in the military and get a second chance. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had no mitigating medical or behavioral health conditions for the offenses. Mental Status Exam from June 2015 revealed a diagnosis of Insomnia and applicant was psychiatrically cleared. Although he had an elevated score (63) on the PTSD screen, he did not meet diagnostic criteria. PTSD symptoms were attributed to high distress related to unit interactions. No evidence of thought disorder or psychotic symptoms. Electronic medical records indicated a diagnosis of Insomnia during AIT due to sleep difficulties which were attributed to family problems. Medical records also indicated diagnoses of Depression and Adjustment Disorder, related to occupational stressors and coping with past difficulties from childhood to include abuse and the loss of family members. In a personal appearance hearing conducted at Arlington, VA on 22 August 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, the circumstances surrounding his discharge (i.e. arbitrary and capricious actions by the chain of command), and his testimony mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable, change SPD code to JFF, and a change to the narrative reason for separation to Secretarial Authority. 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 7 August 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 June 2015 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge: failed to go to his prescribed place of duty on divers occasions (between 1 December 2014 and 3 April 2015); derelict in his duties on divers occasions (between 24 November 2014 and 7January 2015); and, broke restriction by going off-post to get married (11 May 2015). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 30 June 2015 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: NIF / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 14 May 2013 / 3 years and 23 weeks b. Age at Enlistment/Education/GT Score: 21 / HS Graduate / 95 c. Highest Grade Achieved/MOS/Total Service: E-3 / 13T10, Field Artillery Surveyor / 2 years, 2 months and 24 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: Korea / None f. Awards and Decorations: AAM-3, NDSM, GWTSM, KDSM, ASR, OSR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: An approved Bar to Reenlistment, dated 22 January 2015. CG Article 15, dated 5 May 2015, for without authority, failing to go at the time prescribed to his appointed place of duty x3 (17 April 2015, 19 March 2015, 16 March 2015); being derelict in the performance of his duties, in that he willfully failed to bring his Army Service Uniform to the battery, as it was his duty to do (24 April 2015); and being derelict in the performance of his duties, in that he negligently failed to inform his NCO that his class had been canceled and report back to Building 3201, as it was your duty to do (3 April 2015); reduction to PV2 / E-2, forfeiture of $404 pay, extra duty and restriction for 14 days. FG Article 15, dated 16 June 2015, for having been restricted by a person authorized to do so, did break restriction (11 May 2015); reduction to PVT / E-1 (suspended), forfeiture of $773 pay for two months( suspended), extra duty and restriction for 45 days. The applicant received several negative counseling statements for various acts of misconduct. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: DA Form 3822 (Report of Mental Status Evaluation), dated 2 June 2015, indicates the applicant had an Axis I diagnosis of insomnia. He had a high PTSD screening score but this was due to high distress levels related to his unit interactions. He does not meet PTSD diagnostic criteria at this time. There was evidence of a thought disorder or psychotic symptoms currently. He does not currently have PTSD or TBI. He was mentally responsible, able to distinguish between right and wrong, and had the mental capacity to understand and participate in administrative proceedings. It has been determined that the SM does not have a BH condition that warrants disposition through medical channels in accordance with AR 40-501. 5. APPLICANT-PROVIDED EVIDENCE: Online application (seven pages); two Article 15 memoranda (three pages); two memoranda, complaints of wrong under Article 138 (five pages); memorandum, separation under AR 635-200 (three pages); two DA Forms 4187 (Personnel Action); applicant’s resume (two pages); and four support statements. 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 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. Paragraph 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. 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 an upgrade of his general, under honorable conditions discharge to honorable and a change to the narrative reason for separation to include the reenlistment (RE) code. 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 documented pattern of misconduct, 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 either the command's action was erroneous or the applicant’s service mitigated the misconduct or poor duty performance. The applicant requested a change to the narrative reason for separation to include the RE code. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. The regulation further stipulates that no deviation is authorized. The SPD Code/RE Code Cross Reference Table shows a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. The applicant seeks relief contending, his discharged should be upgraded because he knows many Soldiers in his unit who did far worse than him and had disciplinary problems far worse than his. The method in which another Soldier’s case was handled is not relevant to the applicant’s case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. The applicant further contends, he was going through so much in his unit as far as being treated unfairly because of his sexual orientation and was made to do PT alone. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was treated unfairly because of his sexual orientation. The applicant further contends, his first tour was in South Korea and he left in one year with three AAMs. 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 desires to receive VA benefits for school. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The applicant wants to continue serving in the military and get a second chance. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents. b. The applicant presented the following additional contentions: Change narrative reason and RE-Code c. Witness: Yes (friend and mentor) 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 22 August 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, the circumstances surrounding his discharge (i.e. arbitrary and capricious actions by the chain of command), and his testimony mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable, change SPD code to JFF, and a change to the narrative reason for separation to Secretarial Authority. 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: SPD 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 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160004118 6