1. Applicant's Name: a. Application Date: 24 February 2016 b. Date Received: 24 February 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. The applicant seeks relief contending, in effect, he served honorably through OIF I & II and engaged the enemy on many fronts and spent countless hours patrolling and interacting with the indigenous people. He suffered from PTSD after losing his comrade during a base motor attack in Mosul. After his deployment, he told his leadership that he needed to cope with his actions; and he went AWOL for seven days and returned. Since that time he has tried to battle PTSD & TBI with minimal assistance by the VA. An upgrade would assist him with career competitiveness and educational institutions would want to let him enroll. Per the Board's Medical Officer, based on the information available at the time, the applicant's GT score was 102 and had a difficult enlistment. As of 2 June 2017, he is rated 90 percent service-connected disabled by the VA, with his VA problem list including PTSD, Cognitive Disorder not otherwise specified (NOS) and personal history of Traumatic Brain injury. His pre- discharge MSE on 30 March 2005 cleared him for administrative discharge and concluded he knew right from right from wrong, understood and could participate in administrative proceedings, and met Army medical retention requirements. His pre-discharge Medical Exam showed a S1 profile as of 27 March 2005, though also noted a history of recent depression, three AWOLs, and a recent suicide attempt that was apparently associated with the AWOLs. His profile seemed unrealistic, as I (Medical Board Officer) would anticipated him to have been at least a temporary S2. A letter from an Army psychologist at Behavioral Health Service at MAMC linked his psychiatric problems to problem the applicant had handling combat in Iraq. This view of his performance was offered the psychologist by the SSG who was the applicant' section Sergeant at the time. The applicant returned to CONUS on 25 October 2004, and it was unfortunate that he unable to be referred to MAMC until February 2005. This delay in the treatment of a troubled Solider is unconscionable as during that interval, he tested positive for marijuana. He was apparently having a Major Depressive Episode, had three AWOLs and a suicide attempt. His post-service diagnosis of PTSD and mental status at the time of his misconduct mitigate his misconduct. In a records review conducted at Arlington, VA on 7 June 2017, and by a 5-0 vote, after carefully examining the applicant's record of service during the period of enlistment under review, the Board determined the discharge is now inequitable based on the applicant's quality of service to include his combat service and the matters surrounding the discharge (i.e., needed medical treatment was not provided). Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to misconduct (minor infractions), with a corresponding SPD Code of JKN. This action does not entail a change to the reentry eligibility (RE) code. (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: 10 June 2005 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 26 April 2005 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he wrongfully used marijuana between (12 December 2005 and 12 January 2006). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 4 May 2005 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 July 2003 / 4 years b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / 102 c. Highest Grade Achieved / MOS / Total Service: E-3 / 19D10, Cavalry Scout / 1 year, 9 months, 18 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (31 October 2003 to 23 October 2004) f. Awards and Decorations: NDSM, GWOTEM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Summary Court-Martial, dated 4 March 2005, for being AWOL between (15 February 2005 to 22 February 2005); and wrongful use of marijuana (12 January 2005). He was sentenced to a reduction to PVT / E-1, forfeiture of $823 pay and confinement for 21 days. Report of Mental Status Evaluation, dated 30 March 2005, revealed that the applicant was mentally responsible for his behavior, could distinguish right from wrong, and possessed sufficient mental capacity to participate in administrative and judicial proceedings. He was cleared for any administrative actions deemed appropriate by command. i. Lost Time / Mode of Return: AWOL for 8 days (15 February 2005 to 22 February 2005, returned to unit; and confinement military authorities for 20 days. Total lost time 28 days. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical Examination, dated 28 February 2005, shows that the applicant was diagnosed with depression and suicide attempt. Report of Medical History, dated 7 March 2005, relates that the applicant was having trouble sleeping; was evaluated by mental health for depression, attempted suicide and prescribed medication for treatment. VA rating decision, dated 2 December 2013, revealed that the applicant was granted service connected disability for TBI with a 70 percent rating and PTSD with a 50 percent rating. His overall rating was 100 percent rate effective 14 May 2013, because he is unable to work due to his service connected disabilities. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); post high school transcripts (three pages); recommendation for ARCOM; newspaper article (two pages); Army Combat Award / Order of the Spur; certificate of volunteer hours; State of California Senate Award; VA disability rating (four pages); character statement; and a DD Form 214. 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 the characterization of service from general (under honorable conditions) to honorable. 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 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 seeks relief contending, he served honorably through OIF I & II and engaged the enemy on many fronts and spent countless hours patrolling and interacting with the indigenous people. 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 further contends, he suffered from PTSD after losing his comrade during a base motor attack in Mosul. The record of evidence shows that the applicant received a rate increase for PTSD in October 2013. The applicant also contends, after his deployment, he told his leadership that he needed to cope with his actions; and he went AWOL for seven days and returned. He had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review The applicant additionally contends, since that time he has tried to battle PTSD & TBI with minimal assistance by the VA. The record of evidence revealed that the applicant was granted a rate increase for service connected TBI with a 70 percent rating and PTSD with a 50 percent rating. His overall rating was 100 percent rate effective 14 May 2013, because he is unable to work due to his service connected disabilities. Lastly, the applicant contends, an upgrade would assist him with career competitiveness and educational institutions would want to let him enroll. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 third party statement provided with the application speak highly of the applicant. It recognize his good conduct after leaving the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, this statement does not provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 7 June 2017, and by a 5-0 vote, after carefully examining the applicant's record of service during the period of enlistment under review, the Board determined the discharge is now inequitable based on the applicant's quality of service to include his combat service and the matters surrounding the discharge (i.e., needed medical treatment was not provided). Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to misconduct (minor infractions), with a corresponding SPD Code of JKN. This action does not entail a change to the reentry eligibility (RE) code. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / No change to RE code f. Restore 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 AR20160005697 4