1. Applicant's Name: a. Application Date: 20 February 2016 b. Date Received: 26 February 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. The Board would consider him for a possible upgrade as instructed by Department of Defense Instruction (DoDI) 1332.28. The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant states, in pertinent part and in effect, he received two previous honorable discharges. Per the Board's Medical Officer, based on the information available for review at the time, to include the military electronic medical record, the applicant had mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. A review of electronic medical records revealed a history of behavioral health and ASAP treatment for PTSD, an Adjustment Disorder and Alcohol Abuse. Because the combination of behavioral health conditions, most prominent being PTSD, can often be associated with Alcohol Abuse, suicidality, impulsivity, risk taking behaviors, and poor judgment, there is a nexus between this applicant's misconduct and his behavioral health symptoms. In a records review conducted at Arlington, VA on 28 April 2017, and by a 3-2 vote, the Board denied the request upon finding the separation was both proper and equitable. (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: 27 November 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 April 2013 (2) Basis for Separation: The applicant committed a serious offence for which the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or closely related offense under the Manual for Courts-Martial (MCM). Specifically, he was found in possession of a loaded firearm while intoxicated. He also pointed said firearm at another person placing them in fear of their safety. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 17 May 2013 (5) Administrative Separation Board: Waived, 17 May 2012; however, submitted a conditional waiver request for no less than an honorable discharge on 8 April 2013. (6) Separation Decision Date / Characterization: 9 September 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 March 2012 / 6 years b. Age at Enlistment / Education / GT Score: 17 / GED / 103 c. Highest Grade Achieved / MOS / Total Service: E-5 / 25U20, Signal Support Systems Specialist / 8 years, 3 months, 18 days d. Prior Service / Characterizations: RA, 10 August 2005 to 10 August 2007 / HD RA, 11 August 2007 to 29 February 2012 / HD e. Overseas Service / Combat Service: Hawaii, Alaska, SWA / Iraq (31 July 2006 to 24 October 2007 and 17 October 2008 to 3 October 2009), Afghanistan (30 April 2011 to 19 April 2012) f. Awards and Decorations: ARCOM, AAM, NDSM, ICM-4CS, ASR, OSR-4, NATOMDL, CAB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Superior Court Information Adding Misdemeanor Count to Indictment, dated 13 September 2012, identifying the applicant as a defendant in the case, shows an added charge of Court III for misconduct involving weapons in the fourth degree. Additional court documents are: Indictment Involving Weapons in the Fourth Degree, dated 1 September 2012; Notice of Attorney Assignment and Acknowledgment, dated 16 November 2012; and Grand Jury charges of Counts I and II, for the applicant recklessly placing another person in fear of imminent serious physical injury by means of a dangerous instrument, on 1 September 2012. Report of Mental Status Evaluation, dated 5 February 2013, shows no diagnosis of any psychiatric conditions. CG Article 15, dated 21 May 2013, for failing to go to his appointed place of duty on four separate occasions (1 October 2012, 28 November 2012, 12 February 2013, and 27 February 2013). The punishment consisted of forfeiture of $631, 14 days of extra duty, and 14 days of restriction (suspended). i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 17 January 2013, indicates the applicant and the examiner noted the applicant being diagnosed and treated for behavioral health issues. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 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. 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, paragraph 14-12c, 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. 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 did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed, in pertinent part, by DoDI 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. Accordingly, 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 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. By the incidents of misconduct, the applicant knowingly risked a military career and diminished the quality of his service. 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 he received two previous honorable discharges, perhaps a request for DD Form 214. However, the creation of discharge certificates is not within the purview of the Army Discharge Review Board. Further, for Regular Army Soldiers and for discharges with immediate reenlistments as it is applicable in the applicant's history of reenlistments, AR 635-8, paragraph 5-2, provides instructions on when not to prepare a DD Form 214. In pertinent part, according to paragraph 5-2f, a DD Form 214 will not be prepared for Soldiers who are discharged for immediate reenlistment in the Regular Army. Although the applicant did not raise any behavioral health issues, a careful review of the record indicates the applicant's behavioral health issues symptoms existed. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 28 April 2017, and by a 3-2 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change 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 AR20160004891 3