1. Applicant's Name: a. Application Date: 24 June 2016 b. Date Received: 27 June 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. The applicant seeks relief contending, in effect, he should not have lost his GI Bill; he desires to attend school so he can continue putting his life together. He was wrongfully discharged because he was never cleared by mental health prior to his discharge. He was diagnosed with PTSD by the VA after his discharge from the Army. He should have received a medical discharge. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has AHLTA diagnoses of Adjustment Disorder Grief Reaction, Adjustment Disorder with Depressed Mood, Adjustment Disorder with Disturbance of Emotions, Adjustment Disorder with Disturbance of Emotions and Conduct, Alcohol Abuse, Anxiety Disorders NOS, Cannabis Abuse, Post-concussion Syndrome, and Relational Problems. The JLV shows he has a service-connected disability rating of 60 percent from the VA. His VA problem list diagnoses include Major Depressive Disorder-recurrent, PTSD, Head Injuries, Bereavement, and Cannabis Abuse-continuous. His PTSD diagnosis is post-service. In all, there is insufficient evidence to mitigate based on service-connected PTSD. The case for mitigation based on depression is stronger, but inconclusive. In a records review conducted at Arlington, VA on 8 September 2017, and by a 4-1 vote, the board determined that the characterization of service was improper. The record indicates the applicant was not separated in accordance with AR 635-200, paragraph 3-5e(2). Therefore, the characterization not being proper and equitable, the Board granted relief in the form of an upgrade of the applicant's characterization of service to honorable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 14 July 2008 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 16 June 2008 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; receiving a CG Article 15, dated 18 August 2006, for being AWOL from 4 June 2006 until 7 June 2006; receiving a FG Article 15, dated 22 November 2006, for failing to report (29 August 2006), dereliction of duty (17 September 2006); wrongful use of cocaine between (20 August 2006 and 20 September 2006); and receiving a Summarized Article 15, dated 21 January 2008 for failing to report (8 January 2007). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 17 June 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 25 June 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 July 2007 / 5 years b. Age at Enlistment / Education / GT Score: 20 years / GED Certificate / 95 c. Highest Grade Achieved / MOS / Total Service: E-3 / 88M10, Motor Transport Operator / 3 years, 6 days d. Prior Service / Characterizations: RA, 5 July 2005 to 3 July 2007 / HD e. Overseas Service / Combat Service: SWA / Iraq (12 October 2006 to 31 December 2007) f. Awards and Decorations: AAM, NDSM, ICM-CS, GWOTSM, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 18 August 2006, for being AWOL (4 June 2006 until 7 June 2006); reduction to PVT / E-1, extra duty and restriction for 14 days. FG Article 15, dated 22 November 2006, for without authority, fail to go at the time prescribed to his appointed place of duty (29 August 2006); derelict in the performance of his duties, he willfully failed to sign out and sign in from leave, as it was his duty to do so (17 September 2006); and wrongful use of cocaine, methamphetamines, amphetamines and marijuana a controlled substance (20 August 2006); forfeiture of $636 pay for two months and extra duty for 60 days. Summarized Article 15, dated 21 January 2007, for without authority, fail to go at the time prescribed to his appointed place of duty x3 (8 January 2007, 8 December 2006 and 5 December 2006); extra duty for 14 days 97 days suspended). Report of Mental Status Evaluation, dated 14 March 2008, relates the applicant was psychologically cleared for administrative separation. The applicant received numerous negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: AWOL for 3 days (4 June 2006 to 7 June 2006); mode of return not in the file. j. Diagnosed PTSD / TBI / Behavioral Health: VA medical record / progress note, various dates, shows that the applicant had an Axis I diagnosis of PTSD, major depressive disorder and cannabis abuse; Axis II deferred; Axis III, see medical chart and Axis IV , combat stress, situational stressors, relationships and substance use. VA rating decision, dated 5 December 2011, relates the applicant was granted a 30 percent disabling rating and increased to 50 percent effective, 30 September 2011, after being reevaluated. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); self-authored hand written statement; DD Form 214; letter, VA summary of benefits; letter, Director, Case Management Division; letter, VA claim decision (two pages); VA Rating Decision (two pages); and VA medical record / progress note (20 pages). 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 14-12b 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." "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 the characterization of service from general (under honorable conditions) to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms 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. By the documented pattern of misconduct, the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. Of note, AR 635-200, paragraphs 3-5e(2) and 3-8 both provide that service characterization will be determined solely by the Soldier's military record which includes the Soldier's behavior and performance of duty during the current enlistment or period of service to which the separation pertains. Furthermore, the regulation directs that conduct that occurred beyond the enlistment period can be considered on the issue of retention or separation, but the record of proceedings "will reflect express direction that such information will not be considered on the issue of characterization." See AR 635-200 para. 3-8b(2)(a). A majority of the applicant's misconduct, as per the separation case file, did occur during his previous enlistment but the case file does not contain "express direction" that the misconduct from the applicant's previous enlistment was not considered on the issue of characterization. The applicant seeks relief contending, he should not have lost his GI Bill; he desires to attend school so he can continue putting his life together. Per the VA benefits handbook, a former Soldier separated with a general (under honorable conditions) discharge does not forfeit all of their benefits. 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 applicant further contends, he was wrongfully discharged because he was never cleared by mental health prior to his discharge. The mental status evaluation reveals that the applicant was psychologically cleared for administrative separation. The applicant also contends, he was diagnosed with PTSD by the VA after his discharge from the Army. The VA rating decision shows that the applicant was granted a 30 percent disabled rating for PTSD and increased to 50 percent effective, 30 September 2011 after being reevaluated. The applicant additionally contends, he should have received a medical discharge. However, 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 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 8 September 2017, and by a 4-1 vote, the board determined that the characterization of service was improper. The record indicates the applicant was not separated in accordance with AR 635- 200, paragraph 3-5e(2). Therefore, the characterization not being proper and equitable, the Board granted relief in the form of an upgrade of the applicant's characterization of service to honorable. 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 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 AR20160012111 1