1. Applicant's Name: a. Application Date: 29 February 2016 b. Date Received: 4 March 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he was suffering from PTSD after his first deployment and it got worse after his second deployment. His NCOERs show that he was very successful until he returned from his second deployment. He also made the commandant's list when he finished WLS as a sergeant. He was rated 100 percent disabled and unemployable. He has suffered from PTSD since 2008 and began affecting him in 2010 and 2011. He was not given the time nor help to address the symptoms that he was having on a daily basis. He believes that PTSD was the reason he was chaptered out of the Army. Per the Board's Medical Officer, based on the information available for review at the time, this case does not merit mitigation. The applicant has a PTSD diagnosis from the VA and a 70 percent service-connected disability rating, as of 7 July 2017 in JLV. JLV also found him to have Alcoholism. In a records review conducted at Arlington, VA on 14 July 2017, and by a 5-0 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 25 August 2011 c. Separation Facts: No (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 October 2007 / 6 years b. Age at Enlistment / Education / GT Score: 25 years / GED Certificate / 101 c. Highest Grade Achieved / MOS / Total Service: E-5 / 31E10, Internment / Resettlement / 5 years, 11 months, 5 days d. Prior Service / Characterizations: RA, 21 September 2005 to 19 October 2007 / HD e. Overseas Service / Combat Service: SWA / Iraq x2, 3 December 2006 to 19 February 2008 and 16 August 2009 to 12 August 2010 f. Awards and Decorations: ARCOM-2, AGCM, NDSM, ICM-3CS, GWOTSM, NOPDR, ASR, OSR-2, CAB, MUC g. Performance Ratings: 1 February 2008 to 31 January 2009, Among The Best 1 February 2009 to 14 August 2009, Fully Capable 15 August 2009 to 14 August 2010, Among The Best 15 August 2010 to 24 February 2011, Marginal h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 24 February 2011, he did wrongfully commit indecent conduct, by transmitting a picture of his penis using his cell phone (31 December 2010); reduction to SPC / E-4, forfeiture of $1,115 pay (suspended), extra duty for 45 days and an oral reprimand. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Per the medical officer upon review of the applicant's EMR in AHLTA; there IS a diagnosis of PTSD and NOT a diagnosis of TBI. See remarks in ACTS. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); DD Form 214; and four NCO evaluations. 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 the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant requested a change to the narrative reason for separation. 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 applicant seeks relief contending, he was suffering from PTSD after his first deployment and it got worse after his second deployment; and he has suffered from PTSD since 2008 and began affecting him in 2010 and 2011. Per the medical officer upon review of the applicant's EMR in AHLTA; there is a diagnosis of PTSD and NOT a diagnosis of TBI. The applicant further contends, his NCOERs show that he was very successful until he returned from his second deployment; he also made the commandant's list when he finished WLS as a sergeant. The applicant's available service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant also contends, he was rated 100 percent disabled and unemployable. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the available record, nor has the applicant produced any evidence to support the contention that he was rated 100 percent disabled and unemployable. The applicant additionally contends, he was not given the time nor help to address the symptoms that he was having on a daily basis. If the applicant believes that his mental health issues were not adequately addressed, he could have self-referred to the Community Behavioral Health Center for further assistance. Lastly, the applicant contends, he believes that PTSD was the reason he was chaptered out of the Army. The rationale the applicant provided as the basis for what he believes was an unfair discharge is not supportable by the evidence contained in the available record and can only be viewed as speculative in nature. If the applicant desires a personal appearance hearing, it is 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 14 July 2017, and by a 5-0 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160005396 1