1. Applicant's Name: a. Application Date: 26 April 2016 b. Date Received: 2 May 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he feels that this discharge should be an honorable with medical narrative reason. He was never court martialed, never lost rank or pay, and has no Article 15's for misconduct. He voiced his concerns that he had PTSD during his service; and was hospitalized multiple times because of mistreated PTSD. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant's case file, AHLTA, and JLV the applicant had extensive involvement with Behavioral Health and Family Advocacy. In Dec 2010, he screened negative following deployment for PTSD and TBI. During this assessment he denied involvement in combat; denied neurological complications (dizziness, confusion) from any explosions and denied sleep issues. In April 2011, he presented with c/o survivor guilt over fact he saw 6 civilians who were killed by IED ( he was not involved in actual explosion but came upon scene in aftermath of explosion; his VA notes indicate that he told them he was involved in the IED explosion). Denied associated anxiety, sleep issues, anhedonia. Screened negative for PTSD (PCL-M-17) and TBI. Admitted to having problems with anger. He was diagnosed with Adjustment Disorder. Aug 2011 note reports he was seeing off post therapist for anger management . In late Aug 201, he was hospitalized at a civilian hospital for the first time for making a suicidal statement while arguing with his new wife. Hospital diagnosed him with Major Depressive Disorder, rule out PTSD. On 9 Sep 201, he was rehospitalized because of suicidal ideation due to argument with his wife. BH recommended to command at this time that he be separated under Chapter 5-17. In total, he ended up being hospitalized 7 times, usually due to him becoming suicidal after arguing with his wife. In Sep 2011, he presented with insomnia, decreased interest, guilt and wishes to be dead. His PCL-M was 47 (not in clinical range). He was diagnosed with Anxiety Disorder NOS. In Oct 2011, he reported some PTSD symptoms: images of exploded vehicle, dreams of explosive incident (note-he did not witness actual explosion but did see the immediate aftermath), nightmares about his wife leaving, poor sleep, anger issues. He did not endorse avoidance criteria and did not meet criteria for PTSD. Remainder of his medical record reveals numerous contacts with BH over issues involving his mood instability and suicidality which usually occurred after arguing with his wife. He was also involved with FAP for domestic abuse towards wife and emotional abuse of his two stepdaughters. In Oct 2011, he attacked the MPs when they interfered with him arguing with his wife. At this time, he demanded that the attending ED psychiatrist hospitalize him. When the doctor refused, he stated "OK, I'll be suicidal. How about that?" The attending psychiatrist stated he was "clearly manipulative" and diagnosed him with Personality Disorder, stating he was not mentally ill. (Applicant's history of abandonment issues, suicidality as an attempt to avoid abandonment, mood dysregulation and manipulative behaviors are typical of a borderline character organization). In Oct 2011, he ran out in front of a car when his wife told him she was filing for divorce. He was again hospitalized and diagnosed with Adjustment Disorder with Mixed Disturbance of Emotions and Conduct. On 1 Nov 2011, he reported he was receiving a Chapter 14-12 discharge from his unit. On 13 Nov 2011, he self referred to the ED for suicidal ideation related to "PTSD" symptoms. He reported he could not stop thinking about the explosion aftermath he witnessed in Iraq. He admitted he had anger issues and wished he were dead instead. On 28 Nov 2011, he was admitted to the ICU after an overdose and subsequently hospitalized. He reported he overdosed because his wife wanted a divorce. Review of the JLV notes indicates that the applicant is 60% service connected. His VA Problem List includes the following Behavioral diagnoses-PTSD, Major Depressive Disorder, recurrent. In one of his most recent VA notes (30 May 2017), the VA psychiatrist documents that his PTSD symptoms are now subthreshold. Based on the available information, no statement regarding mitigation can be made because the details surrounding the applicant's Basis for Separation are unknown. In a records review conducted at Arlington, VA on 16 June 2016, 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 1 March 2012 c. Separation Facts: No (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 July 2009 / 5 years b. Age at Enlistment / Education / GT Score: 19 years / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 31B10, Military Police / 2 years, 7 months, 19 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq, 17 February 2010 to 20 December 2010 f. Awards and Decorations: ARCOM, NDSM, ICM-2CS, GWOTSM, ASR, OSR, CAB, MUC g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); support statement; letter, summary of VA benefits (two pages); and a letter, Director, Case Management Division. 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 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (serious offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" 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." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army. Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant requested a change to the narrative reason for separation. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (serious offense). The regulation further stipulates that no deviation is authorized. The applicant's contentions regarding he feels that this discharge should be an honorable with medical narrative reason; he was never court martialed, and never lost rank or pay were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. The applicant further contends, he voiced his concerns that he had PTSD during his service; and was hospitalized multiple times because of mistreated PTSD. The applicant submitted a summary of VA benefits letter, which indicated he had one or more service connected disabilities and was granted a combined 60 percent disabled rating. However, the summary of benefits did not specifically state that the rating was related to PTSD or any other mental health condition. Also, the the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The third party statement provided with the application speak to circumstances surrounding the applicant's discharge. However, the person providing the support statement was not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, this statement did not provide any evidence sufficiently compelling to overcome the presumption of government regularity. If the applicant desires a personal appearance, it is his responsibility to meet the burden of proof since the evidence is not available in the official record. The applicant will need to provide the appropriate documents or other evidence (i.e., discharge packet) sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. 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 16 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 AR20160008906 5