1. Applicant's Name: a. Application Date: 31 March 2016 b. Date Received: 4 April 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 has a 90 percent service connected disability, which is considered to be permanent and total. He believes his unit was unable to determine what problems he was suffering from and discharged him with a general discharge. He desires the upgrade to enable him to go to school. Per the Board's Medical Officer, despite having a 70% rating from the VA for PTSD, there is no indication that the SM was experiencing PTSD symptoms at the time of separation. Although, he had diagnoses of Adjustment Disorder, Occupational Problem and Personality Disorder, these behavioral health conditions are not mitigating factors for the misconduct that led to the separation action. In a records review conducted at Arlington, VA on 9 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 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 7 December 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 November 2006 (2) Basis for Separation: The applicant was informed of the following reasons: On 26 April 2006, received a Summarized Article 15, for failing to obey a lawful general order; On 20 April 2006, received a CG Article 15, for being disorderly and disrespectful in language toward NCOs; On 21 June 2006, received a FG Article 15, for failing to obey a lawful order from an NCO and being disorderly and disrespectful in language toward two NCOs; and, On 27 September 2006, failed to obey the lawful order of an NCO and on that date, he refused to stop moving, as ordered to do so, but continued to proceed to his personal vehicle and drive in a reckless manner through the parking lot and on to second avenue while on Fort Drum, New York. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 16 November 2006, the applicant waived his right to consult with legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 20 November 2006 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 August 2005 / 6 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-4 / 8810, Motor Transport Operator / 3 years, 7 months, 14 days d. Prior Service / Characterizations: RA, 24 April 2003 - 17 August 2005 / HD e. Overseas Service / Combat Service: Korea, SWA / Iraq (11 August 2005 - 19 July 2006) f. Awards and Decorations: AAM, NDSM, GWOTSM, KDSM, ICM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 20 April 2006, for using disrespectful language towards two NCOs and being disorderly (29 March 2006). The punishment consisted of extra duty for 14 days. FG Article 15, dated 21 June 2006, for using disrespectful language towards two NCOs, disobeying a lawful order and being disorderly (1 June 2006). The punishment consisted of a reduction to E-3; forfeiture of $846 pay per month for two months (suspended); extra duty for 45 days; and, an oral reprimand. Armed Forces Traffic Ticket, dated 27 September 2006, for "speed not reasonable or prudent" and "unsafe start". Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 5 October 2006, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with: Occupational problem (AXIS I). The applicant provided a copy of his VA disability rating decision, dated 9 November 2012, which reflects the applicant was rated10 percent disability for chronic cervical tension associated with residuals of traumatic brain injury; 30 percent for migraine headaches; and, 70 percent for PTSD, depressive disorder, NOS. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 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 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. 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 VA has granted him a combined 90 percent service connected disability for PTSD and other disabilities. However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record reflects that on 5 October 2006, the applicant underwent a mental status evaluation which indicated he was mentally responsible, with thought content as clear, and was able to recognize right from wrong. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong as indicated by the mental status evaluation. The applicant contends that an upgrade of his discharge would allow him educational benefits through the use of the GI Bill. However, 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 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 9 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 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 AR20160007508 1