1. Applicant's Name: a. Application Date: 21 June 2016 b. Date Received: 18 July 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, that his request is based on being told by multiple doctors from several military installations that he should have gone to a "MEB" years ago due to mental issues such as PTSD (which the command was informed that he needed an extensive PTSD Program), bi-polar depression, multiple suicide attempts, chronic back, knee, shoulder and ankle injuries/pain/issues, and asthma which has progressed to COPD and other issues. He fought for 16 months begging for help to get his MEB finished but was told that the command chose to ignore this and separate him 30 days before his ETS date with an under other than honorable conditions discharge which has been brought to the attention of his congressman. Per the Board's Medical Officer, based on the information available for review at the time, case file, AHLTA and JLV reviewed. AHLTA notes indicate applicant was diagnosed with Alcohol Dependence, Bipolar Disorder NOS, Chronic PTSD, Cannabis Dependence, Major Depressive Disorder while on active duty. Record indicates that applicant was also involved in several domestic violence incidents, one involving harming his stepson. Applicant has hx of chaotic relationships and manipulative behavior. He attended inpatient substance abuse treatment for alcoholism. Afterwards, claimed he was diagnosed and treated for PTSD as well during this treatment but would give no details regarding his PTSD symptoms or treatment. Initially, he stated his PTSD was due to childhood trauma. This then morphed into trauma due to a friend committing suicide. This then morphed into stating he saw his company commander get shot by another soldier and saw a child being cut from the belly of a shark. When he was seen at the VA, he stated he was involved in a firefight with drug smugglers and this was the trauma that caused his PTSD. AHLTA shows he had problems with depression, anger and violence during his Army tenure. He made several suicidal gestures and was hospitalized at least twice for suicidal ideation. One of the hospitalizations was at the VA. Toward the end of his Army time, he began asking for a MEB stating he had been unable to do his job for a long time. He was evaluated by Madigan who decided not to refer him for MEB based on fact it appeared that many of his symptoms were either due to substance abuse or to elaboration on his part. He also claimed to have had several seizures while on active duty but was cleared by neurology. VA notes indicate he is 40% SC for orthopedic issues. As the basis for separation is not in file, no statement regarding mitigation can be made. In a records review conducted at Arlington, VA on 13 September 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 / Chapter 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 25 April 2016 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: OAD, 26 April 2010 / 3 years (period was extended 3 years on 8 November 2012, giving the applicant a new ETS date of 25 April 2016) b. Age at Enlistment / Education / GT Score: 28 / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-6 / 11B1V, Infantryman, 11C1G, Indirect Fire Infantryman, 15U2P, CH-47 Helicopter Repairmen / 16 years, 3 months, 28 days d. Prior Service / Characterizations: RA, 4 January 1991 to 25 November 1992 / GD Break-in-Service ARNG, 17 November 2000 to 31 July 2002 / NA OAD, 1 August 2002 to 10 June 2003 / GD ARNG, 11 June 2003 to 21 December 2004 / GD USARCG, 22 December 2004 to 25 October 2006 / NA ARNG, 26 October 2006 to 13 March 2008 / HD USARCG, 14 March 2008 to 15 April 2008 / NA ARNG, 16 April 2008 to 9 July 2009 / NA OAD, 10 July 2009 to 18 November 2009 / HD ARNG, 19 November 2009 to 27 December 2009 / NA (Enlistment in USAR 28 December 2009) USAR, 28 December 2009 to 25 April 2010 / NA e. Overseas Service / Combat Service: None f. Awards and Decorations: ARCOM, AAM-2, JMUA-2, MUC, AGCM-4, ARCAM-2, NDSM-2, GWOTEM, GWOTSM, HSM, ASR, OSR, MOVSM, AFRM-"M"/10 years Bronze Hourglass g. Performance Ratings: 1 August 2010 to 22 April 2011, Fully Capable 22 April 2011 to 28 February 2014 (three reports), Among The Best 1 March 2014 to 28 February 2015, Marginal 1 March 2015 to 25 April 2016, Not Qualified h. Disciplinary Action(s) / Evidentiary Record: Arrest Report for Driving Under the Influence on 24 September 2014. FG Article 15, dated 10 December 2014, for disobeying a lawful order from his First Sergeant not to consume or possess any alcohol on 24 September 2014. The punishment consisted of reduction to E-5, forfeiture of $1,547 (suspended), and admonition. General Officer Memorandum of Reprimand dated 1 December 2014, for parking in a no parking zone, driving on a shoulder, and then driving in a serpentine manner. You admitted to drinking alcohol before driving and a breathalyzer test resulted in a reading of .09 grams per 210 liter breath alcohol content. Subsequently, you were charged with driving under the influence of alcohol and your lack of judgement. Copy of the Driving under the Influence Arrest-Investigation Report and allied documents, dated 24 September 2014. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 214. 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 under other than honorable conditions discharge to general (under honorable conditions). 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 specific 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 told by multiple doctors from several military installations that he should have gone to a "MEB" years ago due to mental issues such as PTSD (the command was informed that he needed an extensive PTSD Program), bi-polar depression, multiple suicide attempts, chronic back, knee, shoulder and ankle injuries/pain/issues, and asthma which has progressed to COPD and other issues. He fought for 16 months begging for help to get his MEB finished but was told that the command chose to ignore this and separate him 30 days before his ETS date with an under other than honorable conditions discharge which has been brought to the attention of his congressman. The applicant's contentions were carefully considered. However, it is unknown if these contentions have merit because the facts and circumstances leading to the discharge are not contained in the service record. The burden of proof remains with the former Soldier to provide the appropriate documents such as the discharge packet or other evidence (i.e. medical documents) 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 which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the available record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. 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 completes facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available evidence 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 13 September 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 AR20160013008 1