1. Applicant's Name: a. Application Date: 20 July 2016 b. Date Received: 25 July 2016 c. Counsel: 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 served his country selflessly and was happy to be able to deploy and fight for this great nation. After returning from theater, he came to the realization that he needed help dealing with some of the experiences he encountered overseas, and he was battling with PTSD. He began self-medicating to numb his combat experiences. His discharge status significantly impaired his ability to attain gainful and suitable employment. He desires to receive Post 9/11 GI Bill benefits to attend school, which he paid into while in the service. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a medical or behavioral health condition that was mitigating for the offenses leading to an early separation. SMs behavioral health conditions, particularly PTSD and Bipolar Disorder, can be associated with use of substances for self-medication, risk-taking behaviors, irritability, and impulsivity. Although SM exhibited misconduct prior to service and had conditions that were not disclosed at the time of enlistment, his behavioral health symptoms were likely exacerbated by military service and therefore mitigated his misconduct. In a records review conducted at Arlington, VA on 4 October 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include combat service, post-service heroic accomplishments and the circumstances surrounding the discharge (i.e. 50%, VA post-service diagnosis of PTSD) mitigated the discrediting entry in the service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions) and the separation code to JKN. (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: 24 March 2011 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 11 February 2011 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he received a CG Article 15 for two violations of Article 86 by failing to go at the time prescribed to his appointed place of duty and for a violation of Article 91 by willfully disobeying a lawful order (27 May 2010); and he received a FG Article 15 for six violations of Article 86, by failing to go at the time prescribed to his appointed place of duty, three violations of Article 91, by disrespecting a noncommissioned officer, three violations of Article 92, by violating lawful general regulations, and one violation of Article 107 by giving a false official statement (28 January 2011). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 15 February 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 1 March 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 July 2007 / 4 years b. Age at Enlistment / Education / GT Score: 19 years / HS Graduate / 120 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68W1P, Health Care Specialist / 3 years, 7 months, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq, 5 December 2008 to 18 November 2009 f. Awards and Decorations: ARCOM, AAM, AGCM, NDSM, ICM-CS, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 26 May 2010, for without authority, fail to go at the time prescribed to his appointed place of duty x2 (10 May 2010 x2); and having received a lawful order from Sergeant First Class C.R.T., to stand at the position of parade rest, an order which it was his duty to obey, did willfully disobey the same (7 May 2010); reduction to PFC / E-3, forfeiture of $448 pay for one month, extra duty and restriction for 14 days. FG Article 15, dated 28 June 2011, for without authority, fail to go at the time prescribed to his appointed place of duty x5 (7 December 2010, 9 December 2010, 30 December 2010, 20 December 2011, 4 December 2010); without authority, leave from his appointed place of duty (4 January 2011); he was disrespectful in language toward First Sergeant J.W., a noncommissioned officer, who was then in the execution of his office, by saying to him, "that dude just likes to hear himself talk, "or words to that effect (10 April 2010); he was disrespectful in language toward Sergeant First Class T., a noncommissioned officer, who was then in the execution of his office, by saying to him, "F this shit, F this place" or words to that effect, and On (11 June 2010); he was disrespectful in language toward Sergeant S. and Staff Sergeant V., noncommissioned officers, who were then in the execution of their office, by saying to them, "you are worthless," or words to that effect (9 December 2010); having knowledge of a lawful order issued by an EFMB Test Control Officer, to stop starting fires at the training site, an order which it was his duty to obey, did fail to obey the same by wrongfully continuing to start fires at the training site (11 April 2010); violated a lawful general regulation, by wrongfully possessing paraphernalia (4 December 2010); violated a lawful general regulation, by wrongfully possessing "SPICE" (4 December 2010); and with intent to deceive, make to First Sergeant T. an official statement, "I was given verbal permission to not go to motor pool guard", which was totally false (and was then known by you to be so false (4 December 2010); reduction to PV2 / E-2, extra duty and restriction for 45 days. Military Police Report, dated 4 December 2010, revealed the applicant was under investigation for impaired driving, failure to obey a general order (paraphernalia and spice), on post. He received several negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Chronological Record of Medical Care, dated 7 September 2010, revealed that the applicant had problems with an adjustment disorder with disturbance of emotions and conduct, alcohol dependence, cannabis dependence and adjustment disorders with anxiety and depressed mood and episodic mood disorders. Report of Mental Status Evaluation, dated 31 January 2011, revealed that the applicant had an Axis I diagnosis of cannabis dependence (by history) and an adjustment disorder, and Axis III, see medical record. He was screened for PTSD and TBI, these conditions were either not present or, if present, did not meet AR 40-501 criteria for medical evaluation board (as per instruments outlined in OTSG/MEDCOM policy Memo 10-040). There was no evidence of an emotional or mental disorder of psychiatric significance at this time to warrant disposition through medical channels. He was psychiatrically cleared for any administrative action deemed appropriate by command, including administrative discharge. VA statement verifying service connected disabilities, dated 20 July 2016, relates that the applicant was granted a 50 percent disabled rating for a service connected bipolar disorder with PTSD and alcohol abuse (also claimed as depression and anxiety). His combined rating was 80 percent effective, 6 August 2011. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); self-authored statement (two pages); VA statement verifying service connected disabilities; and a 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 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 misconduct (serious offense), the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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 seeks relief contending, he served his country selflessly and was happy to be able to deploy and fight for this great nation. The applicant's service accomplishments and the quality of his service including his combat service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The applicant further contends, after returning from theater, he came to the realization that he needed help dealing with some of the experiences he encountered overseas, he was battling with PTSD. The applicant submitted a VA document that shows he was granted a 50 percent disabled rating for service connected bipolar disorder with PTSD and alcohol abuse (also claimed as depression and anxiety). His combined rating was 80 percent effective, 6 August 2011. The applicant also contends, he began self-medicating to numb his combat experiences. He had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant additionally contends, his discharge status significantly impaired his ability to attain gainful and suitable employment. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Lastly, the applicant desires to receive Post 9/11 GI Bill benefits to attend school, which he paid into while in the service. 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 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 4 October 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include combat service, post-service heroic accomplishments and the circumstances surrounding the discharge (i.e. 50%, VA post- service diagnosis of PTSD) mitigated the discrediting entry in the service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions) and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / No change to RE code f. Restore 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 AR20160013973 1