1. Applicant's Name: a. Application Date: 2 April 2016 b. Date Received: 8 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 discharged due to being injured. His medical board was denied because they could not find a diagnosis. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had no mitigating medical or behavioral health conditions for the offenses. The active duty electronic medical records were reviewed and revealed no diagnoses. Mental Status Exam, dated 8 July 2005, indicated a diagnosis of Rule Out Adjustment Disorder with Mixed Emotional Features and was psychiatrically cleared for administrative action. During his time in service, the applicant did receive temporary physical profiles for an ankle sprain and knee pain. Memorandum for Record, dated 11 July 2005, indicated the applicant gave up all rights of active military and requested a Chapter 13. Memo also indicated the applicant was diagnosed with an Internal Derangement of the Lateral Meniscus of the right knee and have no improvement following several months of Physical Therapy. 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: Unsatisfactory Performance / AR 635- 200, Chapter 13 / JHJ / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 20 December 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 December 2005 (2) Basis for Separation: The applicant was informed of the following reasons: Over the past several months, he has been involved in various incidents of misconduct, i.e., falling asleep on fireguard duty, using a cell phone, playing his Gameboy after lights out, failing to maintain his wall locker, and disobeying several direct orders. He has been counseled on numerous occasions for the shortcomings. He has received two CG Article 15 actions for the incidents, dated 13 July 2005 and 9 December 2005. His actions can no longer be tolerated and separation from the US Army is warranted. (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: Waived, 8 December 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 December 2005 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 January 2005 / 3 years b. Age at Enlistment / Education / GT Score: 18 / GED / 115 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 11 months, 17 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for being recommended for separation under the provisions of Chapter 13, unsatisfactory performance; refusing to train and failing to adapt to the military lifestyle has become a constant battle within his unit; failing to obey a direct or lawful order, or regulation on numerous occasions; playing an electronic device after lights are out; not being recommended for a promotion; violating the commander's policy letter; displaying insubordinate conduct towards an NCO on several occasions; continuous display of rebellious behavior; failing to follow instructions; failure to maintain his wall locker; and being disrespectful in language and deportment toward NCOs. Memorandum for Record, dated 11 July 2005, subject: Requesting Approval for Chapter 13, rendered by Family Practice Physician, indicated that the applicant gave up all right of active military and requested Chapter 13, and that he was diagnosed with Internal Derangement of the Lateral Meniscus of the right knee with no improvement from Physical Therapy, which was authenticated by the applicant and physician. CG Article 15, dated 13 July 2005, for being disrespectful in language towards a drill sergeant on 23 June 2005, failing to be at his appointed place of duty at the prescribed time on two separate occasions on 22 and 23 June 2005, and being disrespectful in language towards his first sergeant on 24 June 2005. The punishment consisted of forfeiture of $250 for one month. CG Article 15, dated 9 December 2005, for disobeying an order on 24 October 2005; being disrespectful in language on two separate occasions toward a drill sergeant on 24 October 2005, and first sergeant on 25 October 2005; disobeying his first sergeant on 24 October 2005; and disobeying a drill sergeant on 2 November 2005. The punishment consisted of forfeiture of $266 for one month, and 14 days of extra duty and restriction. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 8 July 2005, indicates the applicant was diagnosed with "ASIS I: R/O Adjustment Disorder w/Mixed Emotional Features," and he was psychiatrically cleared for any action deemed appropriate by his command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 2 April 2016. 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 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier. Army policy states that a general (under honorable conditions) discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases. 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. The applicant's record of service and the issues submitted with his application were carefully reviewed. The applicant's service 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. By the unsatisfactory performance and incidents of misconduct, the applicant diminished the quality of his service below that meriting an honorable characterization of 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 that medical issues contributed to his discharge from the Army. However, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. Further, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. The evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by impositions of non-judicial punishments. The applicant failed to respond appropriately to these efforts, and the command initiated separation proceedings for unsatisfactory performance. Although the applicant did not raise any behavioral issues, a careful review of his record indicates the applicant's behavioral health issues 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 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 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 AR20160007689 1