1. Applicant's Name: a. Application Date: 23 August 2016 b. Date Received: 29 August 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 he would like an upgrade of his discharge for the purpose of being able to receive his education benefits. He contends he cannot receive veteran privilege with his current characterization of service. He is trying to better himself for his family, he has not been in trouble or had any infractions. He contends he was discharge because of his PTSD condition and not for behavior. He would like to receive benefits as an honorable veteran and be proud of his service. Per the Board's Medical Officer, based on the information available for review at the time, the applicant's AHLTA diagnoses are Acute Reaction to Stress, Adjustment Disorder, Adjustment Disorder with Anxiety, Adjustment Disorder with Anxiety and Depressed Mood, Adjustment Disorder with Anxious Mood, Adjustment Disorder with Depressed Mood, Adjustment Disorder with Disturbance of Emotions and Conduct, Adjustment Insomnia, Adult Antisocial Behavior, Anxiety, Anxiety Disorder NOS, Depression, Depression with Anxiety, Insomnia, Insomnia due to Stress, Kleptomania, Marital Problem, Occupational Problem, Personality Disorder, and Primary Insomnia. JLV showed the applicant has a VA service- connected disability rating of 100%. He had no diagnoses on a VA Problem list, but had outpatient encounter diagnoses of Bipolar 1 Disorder and Chronic PTSD. Most of his VA treatment has focused on his Bipolar Disorder. He has also had VA hospitalizations for depression in December 2010 and October 2014. He cited experience in Iraq as the basis of his PTSD. He also has a history of stealing, which led to a in-service diagnosis of kleptomania. Notes showed evaluation for post-concussion syndrome but a note of 03 August 2009 rejected the diagnosis. He obtained a diagnosis of Acute Stress Reaction after being arrested in August 2009 for shop lifting at the Base Exchange. He was seen in theater for Marital Problems, which was not combat related, per note of 05 September 2008. When in theater, he was in trouble for lying to his command over misuse of Rx'd medications (13 June 2008). He had more than 50 visits to theater treatment of various maladies. I could find no visit related to combat. He had visits for insomnia, adjustment disorder, prostatitis, ankle sprain (not battle related), depression (discovered wife may have been unfaithful), CDE over med use, Lumbago, lightheadedness after a fall (not battle related). He was demoted twice, per this note of 06 March 09, whilst in Iraq. His Separation MSE cleared him for discharge and judged him to meet Army medical standards. It did diagnose an adjustment disorder and antisocial traits. The totality of evidence, especially from the time of the misconduct and the nature of misconduct, are not mitigated by the applicant's mental health conditions, which matches the view of the MSE examiner. In a records review conducted at Arlington, VA on 27 October 2017, and by a 3-2 vote, the board determined that the characterization of service was improper. The record indicates the applicant was not notified of any specific factors which would warrant a general (under honorable conditions) characterization of service. 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. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Physical Condition, Not A Disability / AR 635-200, Chapter 5, Paragraph 5-17 / JFV / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 5 March 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 February 2010 (2) Basis for Separation: The applicant was informed of the following reason: being diagnosed by Behavioral Health with an Adjustment Disorder. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 22 February 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 23 February 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 October 2006 / 3 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-3 / 91B10, Wheeled Vehicle Mechanic / 3 years, 4 months, 18 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (27 September 2007 to 12 November 2008) f. Awards and Decorations: MUC, NDSM, GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 21 June 2008, for failure to obey a lawful general order by consuming alcohol and making a false official statement while in Iraq on 24 May 2008. The punishment consisted of reduction to E-2 (suspended), forfeiture of $500 for two months, and 45 days extra duty. Record of Supplementary Action Under CG Article 15, UCMJ, dated 18 June 2008, vacated the suspension of punishment imposed on 5 May 2008, of reduction to E-2. The revocation was the result of the applicant having failed to obey a lawful general order on 9 June 2008, by wrongfully consuming alcohol while in Iraq. FG Article 15, dated 5 August 2009, for stealing perfume, a do-rag, and a video game, of a value of about $78, the property of AAFES on 18 July 2009. The punishment consisted of reduction to E-1, forfeiture of $700 for two months, and 45 days extra duty. The applicant received several negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Chronological Record of Medical Care documents, dated 14 September 2009, show the applicant suffered with an adjustment disorder with disturbance of emotion and conduct, adjustment disorder with anxious mood, adjustment disorder with anxiety and depressed mood, depression, and several other medical issues. Report of Behavioral Health Evaluation, dated 27 January 2010, shows the applicant was diagnosed with an Axis I for and adjustment disorder and Axis II for antisocial traits r/o PD. It was noted that the applicant met psychiatric criteria for expeditious administrative separation IAW Chapter 5-17. He had failed to respond to behavioral health treatment as evident by his continual poor performance, continued mental health concerns and failure to adapt to military lifestyle. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier's ability to function in the military environment is significantly impaired. AR 635-200, paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. A general (under honorable conditions) discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service 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 a mental health condition, including PTSD; TBI; or sexual assault/harassment 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 characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors 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. Caution shall be exercised 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. After a careful review of all the applicant's military records for the period of enlistment under review and the issue he submitted, the evidence of record shows that the characterization of service was improper. Army Regulation 635-200, Chapter 5, paragraph 5-1b, states no Soldier will be awarded a character of service of general, under honorable conditions under this Chapter unless the Soldier is notified of the specific factors in his service record which warrants such a characterization, using the notification procedure. The record indicates the applicant was not notified of any specific factors which would warrant a general, under honorable conditions characterization of service. In view of the foregoing, the discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 27 October 2017, and by a 3-2 vote, the board determined that the characterization of service was improper. The record indicates the applicant was not notified of any specific factors which would warrant a general (under honorable conditions) characterization of service. 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. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 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 AR20160015240 4