1. Applicant's Name: a. Application Date: 9 June 2016 b. Date Received: 13 June 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, that his discharge was the result of an unfair judgment of him. He contends he was targeted and mistreated due to his PTSD. His medical board was halted to have him chaptered out of the Army. His commander CPT C.R., did everything in his power to belittle and cause him grief. He was accused of things he did not do and was punished under article 15, even after it was disproven. He has been hit by IED's at least five times in his military career fighting for his country. He struggles with PTSD and the effects of TBI. He contends he currently has a service dog and is being seen by the VA in regards to his issues. He feels as though this was an unfair judgment and would like his record to be cleared. He served his country with distinction and believes he deserves an honorable discharge. Per the Board Medical Officer, the applicant has a long history of behavioral health treatment in service from 2009-2015. He has h/o abuse and MH issues in childhood. The applicant has worked on multiple issues during his MH care: interpersonal difficulties, issues with boundaries, alcohol abuse and trauma related symptoms. The applicant has been prescribed Adderall for ADHD since 2009 and Zoloft for his mood and anxiety since 2011. Applicant continued to exhibit some symptoms, but overall reported good control. Since the reason for the discharge is unknown, it is unclear if his PTSD would mitigate it. In a records review conducted at Arlington, VA on 30 August 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 17 December 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: 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: 1 March 2012 / 5 years b. Age at Enlistment / Education / GT Score: 26 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-5 / 19D10, Cavalry Scout and 88M10, Motor Transport Operator / 10 years, 6 months, 4 days d. Prior Service / Characterizations: RA, 14 June 2005 to 29 February 2012 / HD e. Overseas Service / Combat Service: Korea, SWA / Iraq (29 October 2006 to 13 January 2008, 23 July 2009 to 5 July 2010) Kuwait (29 June 2011 to 23 June 2012) f. Awards and Decorations: ARCOM, AAM-5, MUC-2, AGCM-3, NDSM, GWOTEM, GWOTSM, KDSM, ICM-3CS, NOPDR, ASR, OSR-4, CIB g. Performance Ratings: 1 April 2013 to 27 August 2013, Fully Capable 28 August 2013 to 26 August 2014, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Army Substance Abuse Program (ASAP) Enrollment, dated 6 August 2015, shows the applicant was referred /medical/ for unexcused absences and increased use of excuses. CG Article 15, dated 25 August 2015, for failure to go at the time prescribed to his appointed place of duty on 6 August 2015 and wrongful overindulgence in intoxicating liquor, incapacitated for the proper performance of his duties, being prejudicial to good order and discipline in the Armed Forces on 6 August 2015. The punishment consisted of forfeiture of $724 pay and 14 days extra duty and restriction. Negative counseling statement for failing to be at his appointed place of duty and drinking while enrolled in ASAP. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 with attached letters from his mother, friend and church pastor. 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 14-12c 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. 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 available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the 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 seeks relief contending he was targeted and mistreated due to his PTSD. His medical board was halted to have him chaptered out of the Army. His commander CPT C.R., did everything in his power to belittle and cause him grief. He was accused of things he did not do and was punished under article 15, even after it was disproven. He has been hit by IED's at least five times in his military career fighting for his country. He struggles with PTSD and the effects of TBI. He contends he currently has a service dog and is being seen by the VA in regards to his issues. He feels as though this was an unfair judgment and would like his record to be cleared. He served his country with distinction and believes he deserves an honorable discharge. The applicant's contentions were noted; however, a determination on whether these contentions have merit cannot be made because the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the applicant to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. . Furthermore, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs. This presumption is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence to support a change to the characterization of service granted. Although the applicant claims he is being treated by the Department of Veterans Affairs for medical issues he suffered with while on active duty it does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available 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. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. 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 30 August 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 AR20160011617 3