1. Applicant's Name: a. Application Date: 24 March 2016 b. Date Received: 11 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 was not counseled, he was not given a medical exam, and given no support at the time of his discharge. The applicant further contends that he did not understand what was happening to him while he was in Oklahoma and that he had a flashback so severe that it "scared the pants off" his family, he quickly high-tailed it back to Kansas, the only place he felt safe and accepted he had nowhere to go. The applicant states that a homeless shelter took him in and eventually got a job on post. Since his discharge, the applicant states he has been awarded 70 percent disability due to PTSD, has received treatment from the Topeka VA, and has given up alcohol and self-medication. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has a behavioral health disorder (PTSD) which is mitigating for most of the offenses leading to discharge. As PTSD is associated with the use of alcohol for self-medication, it is considered mitigating for the offense of DUI. As PTSD is associated with avoidant behaviors, it is mitigating for the offense of failing to report. As PTSD is associated with anger and issues with authority figures, it is mitigating for the offense of being disrespectful to an NCO. It is not mitigating for the offense of failing to obey a lawful order. The applicant suffered multiple combat stressors in Iraq to include seeing friends killed. Review of JLV indicates he has been rated as 70 percent service-connected for PTSD. He remains very impaired because of his PTSD symptoms (insomnia, irritability, impaired concentration, hypervigilance, nightmares, intrusive thoughts, emotional detachment) - at one point, he was homeless. He has had continued difficulty with finding and keeping jobs, losing them because of his irritability. In a records review conducted at Arlington, VA on 12 May 2017, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, the circumstances surrounding his discharge (VA PTSD & OBH diagnoses; 70 percent service-connected VA disability rating), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Civil Conviction) / AR 635-200 / Chapter 14, Section II / JKB / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 13 August 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 April 2009 (2) Basis for Separation: The applicant was informed of the following reasons: sentenced to one year in Ottowa County Jain for DUI of Alcohol (14 January 2009); arrested by the Junction City Police Department for Battery on a Law Enforcement Officer, Criminal Damage to Property, Disorderly Conduct, DUI of Alcohol, Exhibition of Speed, and No Proof of Motor Vehicle insurance; failed to report for duty; disrespectful to a NCO; and, failed to obey a lawful order. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Unsigned (Note: A copy of the Certified Mail Receipt addressed to the applicant is contained in the case separation file; however, the receipt is unsigned.) (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 May 2009 / General (Under Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 October 2005 / 5 years, 19 weeks b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 106 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 1 month, 7 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (14 February 2007 to 11 April 2008) f. Awards and Decorations: ARCOM, NDSM, GWOTSM, ICM-CS, SR, OSR, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Kansas Standard Offense Report (11 pages), dated 22 August 2008, reflects the applicant was charged by the State of Kansas with the following six offenses: Battery Law Enforcement Officer Criminal Damage to Property Disorderly Conduct Driving Under the Influence Exhibition of Speed No Proof of Liability Insurance FG Article 15, dated 17 October 2008, for failing to go at the time prescribed to his appointed place of duty on two occasions (20 and 21 August 2008), was disrespectful towards a noncommissioned officer on two occasions (20 and 21 August 2008). The punishment consisted of a reduction to E-2, forfeiture of $970 pay per month for two months, 45 days of extra duty and restriction, and an oral reprimand. The District Court of Ottawa County, The State of Oklahoma Judgement and Sentence, stamp dated 14 January 2009, reflects that on 13 January 2009, the applicant was found guilty of driving a motor vehicle while under the influence of alcohol, a misdemeanor, sentenced to a term of one year to be served in the Ottawa County Jail beginning instanter with credit for time served under the custody and control of The Ottawa County Sheriff. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: VA Rating Decision Letter, dated 21 May 2013, reflects service connection for PTSD was granted with an evaluation of 70 percent effective March 30, 2012. VA Entitlements Letter, dated 28 May 2013, reflects the applicant was assigned a 70 percent service-connected disability rating for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149, with attachments listed in block 9 of the application. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has received treatment from the Topeka VA for his PTSD and has given up alcohol and self-medication 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. 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. The applicant contends that he was not counseled, he was not given a medical exam, and given no support at the time of his discharge. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. AR 635-200, Chapter 1-32b, states that in addition to medical examinations, mental status evaluations conducted by a psychologist, or master-level, licensed clinical social worker, are required for Soldiers being processed for separation for separation under chapters 13 or 14 (Sec III). However, the applicant was discharged under Chapter 14, Section II (Civil Conviction). Furthermore, UOTHC discharge is normally appropriate for a member separated by reason of misconduct. It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. The character of the applicant's discharge is commensurate with his overall service record. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, the circumstances surrounding his discharge (VA PTSD & OBH diagnoses; 70 percent service- connected VA disability rating), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a new DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD/RE Codes 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 AR20160007569 1