1. Applicant's Name: a. Application Date: 1 December 2015 b. Date Received: 21 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. The applicant seeks relief contending, in effect, he suffers with PTSD, bipolar, and other significant mental issues that should have been dealt with while on Active Duty, instead his issues have progressed. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has a mitigating BH (PTSD) condition for the offenses leading to his discharge from the Army. As PTSD is associated with avoidant behaviors, there is a nexus between his PTSD and the charges of Failure to Report. As PTSD is associated with the use of substances to self- medicate symptoms, there is a nexus between his PTSD and the offense of using marijuana on two separate occasions. As PTSD is associated with anger and problems with authority figures, there is a nexus between his PTSD and the offense of being disrespectful toward an NCO. In a records review conducted at Arlington, VA on 12 May 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include his combat service, and the circumstances surrounding his discharge (i.e. VA diagnosis of PTSD, 70 percent service-connected VA disability) 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 and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (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 January 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 January 2007 (2) Basis for Separation: The applicant was informed of the following reasons: received a FG Article 15 on 3 August 2006 for FTR on divers occasions and disrespect towards an NCO; received a FG Article 15 on 4 November 2004 for Article 112a for THC; and received a CG Article 15 for FTR on two occasions. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 8 January 2007 (5) Administrative Separation Board: (6) Separation Decision Date / Characterization: 11 January 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 October 2002 / 3 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 84 c. Highest Grade Achieved / MOS / Total Service: E-4 / 21B10, Combat Engineer / 3 years, 6 months, 1 day d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (19 January 2003 to 19 July 2003 and 10 January 2005 to 7 January 2006) f. Awards and Decorations: ARCOM, USA/USAF PUC, NDSM, GWOTEM, GWOTSM, ICM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 28 July 2004, for failure to go at the time prescribed to his appointed place of duty on two occasions. The punishment consisted of reduction to E-2 (suspended), forfeiture of $334.00 per month for one month (suspended), and 14 days extra duty and restriction. Record of Supplementary Action Under Article 15, UCMJ, dated 19 August 2004, vacated the suspension of punishment of reduction to E-2 and forfeiture of $334 per month for one month imposed on 28 July 2004. The vacation was based on the applicant's use of marijuana on 29 July 2004. FG Article 15, dated 7 November 2004, for wrongfully using marijuana (between 18 June 2004 and 19 July 2004). The punishment consisted of reduction to E-1, forfeiture of $596 pay per month for two months, and 45 days extra duty and restriction. General Officer Memorandum of Reprimand, dated 14 July 2006, for driving under the influence of (alcohol) with a BAC of .100, speeding (38/25), expired tag, driving uninsured vehicle and expired driver's license. FG Article 15, dated 3 August 2006, for failure to go at the time prescribed to his appointed place of duty (4 April 2006, 5 and 26 June 2006, and 13, 15, and 17 July 2006), and disobeying a lawful order from a noncommissioned officer (18 July 2006). The punishment consisted of reduction to E-2, forfeiture of $713 pay per month for two months; and 45 days extra and restriction. Report of Mental Status Evaluation, dated 8 November 2006, reflects the applicant had the mental capacity to understand and participate in the proceedings and was mentally responsible. The applicant was psychiatrically cleared for any administrative action(s) deemed appropriated by the chain of command. The applicant received numerous negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Hampton VAMC medical documents reflect the applicant was diagnosed with (Axis I) PTSD, mood disorder NOS, psychotic disorder NOS, alcohol dependence/abuse, nicotine dependence, substance abuse (cannabis); (Axis II) for Cluster B, personality traits R/O antisocial personality traits 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and Hampton VAMC medical documents. 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 14-12b 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. 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 his general (under honorable conditions) discharge 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. 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 suffers with PTSD, bipolar, and other significant mental issues that should have been dealt with while on active duty, instead his issues have progressed. The independent documents submitted by the applicant which reflect the applicant was diagnosed with Axis I for PTSD, mood disorder NOS, psychotic disorder NOS, alcohol dependence/abuse, nicotine dependence, substance abuse (cannabis); and Axis II for Cluster B, personality traits r/o antisocial personality traits were noted. However, this does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. 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 12 May 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include his combat service, and the circumstances surrounding his discharge (i.e. VA diagnosis of PTSD, 70 percent service- connected VA disability) 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 and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 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 Codes to: Change SPD to JKN / No Change to RE code 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 AR20160006443 1