1. Applicant's Name: a. Application Date: 11 March 2016 b. Date Received: 17 March 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 to change the narrative reason for his discharge. The applicant seeks relief contending, in pertinent part and in effect, he was discharged 90 days prior of his original ETS date. He was targeted by his company commander and first sergeant. He made several attempts to be removed from his assigned chain of command for being purposely targeted for an involuntary separation. He had numerous NCOs speak on his behalf. He served his country faithfully in Iraq and earned an AGCM. He received positive reviews on his character by various supervisors, while some individuals were told to say things to justify his misconduct. The rebuttals to his counseling statements did not hold much weight, as selected NCOs fabricated reasons to write him up. He served his country honorably. The Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, opined that the applicant has a Behavioral Health condition (PTSD) which is mitigating for some of the offenses that served as the basis of the discharge. A review of the available medical records reflects no PTSD diagnosis during the applicant's service in the Army. AHLTA contains no Behavioral Health notes regarding SM. Separation file contains a command directed Mental Status Exam (MSE) in which applicant is diagnosed with PTSD. His symptoms are described as anxiety, depression, anger, increased startle and increased alcohol use. On his separation Report of Medical History (DD form 2807), the applicant states he experienced nervousness after returning from Iraq which lessened with time. On his Report of Physical Examination (DD form 2808), the applicant indicates Yes to the questions: frequent trouble sleeping, depression or excessive worry, nervous trouble of any sort. His VA record indicates he is 70% SC (what he is SC for is not known). His Problem List contains the following BH diagnoses: PTSD, Insomnia. AS PTSD can be associated with avoidant behaviors, there is a nexus between his multiple Failures to Report and his PTSD. As PTSD can be associated with difficulties with authority figures and oppositionality, there is a nexus between his PTSD and the offenses of being disrespectful toward his leadership. PTSD, however, does not mitigate the offenses of assault x2, assault and battery, falsifying an official document, making a false official statement, damaging govt property or wrongfully appropriating govt property In a records review conducted at Arlington, VA on 2 June 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: 31 August 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 June 2006 (2) Basis for Separation: The applicant was informed of the following reasons: failing to report to his appointed place of duty on eight separate occasions on 29 May 2005, 29 April 2005, 24 February 2006, 14 February 2006, 8 February 2006, 6 July 2005, 16 June 2005, and 14 June 2005; being disorderly, which was of nature to bring discredit upon the armed forces on two separate occasions on 17 February 2006, and 3 July 2004; committing an assault on two separate occasions upon two Soldiers, PFC R on 17 February 2006, and PV2 D on 12 December 2005; being disrespectful in deportment on two separate occasions toward SSG S on14 February 2006, and SGT A on 8 August 2005; being disrespectful in language towards SGT O on 14 February 2006; being derelict in the performance of his duty on 14 February 2006; falsifying an official document on 7 September 2005; making a false official statement on 14 June 2005; damaging government property on 4 August 2005; wrongfully appropriating government property on 4 August 2004; and committing an assault consummated with a battery on 10 April 2004. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 27 June 2006 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: Undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 October 2002 / 4 years b. Age at Enlistment / Education / GT Score: 19 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 92A10, Automated Logistical Specialist / 4 years, 11 months, 12 days d. Prior Service / Characterizations: USAR (30 April 2001 to 18 September 2001) / NA IADT (19 September 2001 to 21 February 2002) / UNC USAR (22 February 2002 to 15 October 2002) / NA e. Overseas Service / Combat Service: Korea, SWA / Iraq (5 March 2003 to 4 March 2004) f. Awards and Decorations: AGCM; NDSM-2; GWOTEM; GWOTSM; KDSM; ASR; OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Sworn Statement, dated 7 October 2005, rendered by CPT K a medical doctor, states the doctor did not grant the applicant quarters and that DD Form 689, Sick Slip, was altered. Negative counseling statements for writing offensive statements; failing to go to his appointed place of duty at the prescribed time on numerous occasions; failing to obey orders or regulations; being AWOL; being disrespectful towards his first sergeant and PT instructor; having outbursts at formations and work; being insubordinate towards NCOs; forging a DD Form 689; impositions of Article 15 punishments; being enrolled in the Army Overweight Program; imposition of a no-contact order; being disrespectful toward NCOs; failing to report back from TMC; military bearing being substandard; disregarding presentation of proper military bearing; performance falling below standard; and being unreliable in accomplishing tasks and contributing to mission. CG Article 15, dated 7 November 2005, for falsely altering an official document on 7 September 2005. The punishment consisted of a reduction to E-1 (suspended), forfeiture of $323, and 14 days of extra duty and restriction. MP Report, dated 12 December 2005, indicates the applicant was the subject of an investigation for assault-consummated with a battery. Record of Supplementary Action under Article 15, UCMJ, dated 29 January 2006, vacated the suspended punishment of a reduction to E-1, imposed on 7 November 2005, based on the applicant unlawfully squeezing PV2 D's arms and pushed his thumbs into PV2 D's clavicle while applying pressure with his hands on 12 December 2005, in violation of Article 128, UCMJ. CG Article 15, dated 15 February 2006, for unlawfully squeezing PV2 D's arms and pushed his thumbs into PV2 D's clavicle while applying pressure with his hands on 12 December 2005. The punishment consisted of forfeiture of $288, and 14 days of extra duty and restriction. FG Article 15, dated 14 March 2006, for failing to be at his appointed place of duty at the prescribed time on two separate occasions on 8 and 14 February 2006, being derelict in the performance of his duties on 14 February 2006, being disrespectful in language toward two NCOs on two separate occasions on 14 February 2006, striking PFC R in the face with his hands on 17 February 2006, and being disorderly on 17 February 2006. The punishment consisted of forfeiture of $640 pay per month for two months (suspended), and 45 days of extra duty and restriction. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Mental Status Evaluation, dated 1 March 2006, shows a diagnosis of "Axis I: Post-Traumatic Stress Disorder," and comment that symptoms "for PTSD were significant post-deployment, and have decreased over time, yet remain to a large extent. [The applicant] reported drinking during the weekend (a 12 pack in one sitting), may be drinking to a lesser extent during the week in the evening. [The applicant's] symptoms of depression, anxiety, increased anger and startle, increased alcohol consumption, etc., may all be explained by PTSD. .... While [the applicant] denies homicidal thoughts as well, he is frustrated and may act out aggressively in his place of work." Reports of Medical History, dated 27 February 2006 and 5 April 2006, show the applicant noted behavioral health issues. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 11 March 2016; four counseling statements; and three sworn statements, dated 13 January 2005 x 2 and 19 January 2005. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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 14-12b 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 that 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 to change the narrative reason for his discharge. The applicant's record of service, and the issues and documents 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 the discharge was unjust because his chain of command purposely targeted him for an involuntary separation, and individuals were made to fabricate reasons for writing up counseling statements. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he may have been unjustly discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further sufficient evidence has been provided with the request for an upgrade of the discharge or to change the narrative reason. Furthermore, the record of service indicates that before initiating discharge proceedings, the command ensured the applicant was appropriately counseled about his deficiencies which could lead to separation. The command made an assessment of the applicant's potential for becoming a fully satisfactory Soldier. The evidence contained in the service record establishes that the applicant was afforded a reasonable opportunity to overcome noted deficiencies by providing counseling and by the imposition of a non-judicial punishments. As the applicant did not subsequently conform to required standards of discipline and performance, the command appropriately determined the applicant did not demonstrate the potential for further military service. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, the Board can find that his complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. Although the applicant did not raise any behavioral health issues, a careful review of the record of evidence indicates the applicant's behavioral health issues along with notable service- connected post-traumatic stress disorder 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 applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635- 5-1 for a discharge under Chapter 14, paragraph 14-12b is "Pattern of Misconduct," and the separation code is JKA. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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 2 June 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 a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change f. 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 AR20160005998 7