1. Applicant's Name: a. Application Date: 19 August 2016 b. Date Received: 16 September 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 and to change the narrative reason for his discharge. The applicant seeks relief contending, in pertinent part and in effect, after returning from OIF, he went through a troubled period. He felt uneasy because none of his supervisors served on an active war deployment. He found that there was something different about him and his life, work, marriage, daughters, and just about anything. He was diagnosed with PTSD and had started seeing a counselor but it may have been too late because it was just prior to his discharge. As an X-Ray and CT Technician, he saved a lot of lives in Iraq. He felt great and proud of his military career until he returned from Iraq. He then started to deal with a lot of anger, feelings of being misunderstood and alone, depression, insomnia, and the dreadful nightmares which led him to not listening and breaking rules. It forced him into a divorce--his ex-wife could not understand why he did certain things. He showed up late to work because he was not sleeping. They were out of character for him but it became a growing and learning process for him. He has to recognize his symptoms and triggers every day and use coping mechanisms to keep himself focused. Anti-depressive medication made him feel lazy and sluggish but with the help of his spiritual group within his church, he has been doing great. He is gainfully employed, has maintained a healthy six-year relationship with his girlfriend, spends time with his children and family, and has maintained the most positive attitude every day. However, he has realized he has to put his mistakes and horrible behavior behind him; therefore, his DD Form 214 should reflect an honorable discharge. He is unsure if the reason for his separation can be changed or even what it would be changed to. 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 reasons leading to an early separation. In summary, SMs behavioral health conditions, particularly PTSD, can be associated with the applicant's misconduct and his behavioral health symptoms. In a records review conducted at Arlington, VA on 6 December 2017, and by a 5-0 vote, the Board determined that the discharge was inequitable based on the applicant's length and quality of service to include combat service, and in-service and post-service diagnoses of PTSD. Accordingly, the Board voted to grant relief in the form of an upgrade to the 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 22 May 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 April 2006 (2) Basis for Separation: The applicant was informed of the following reasons: failing to report to his appointed place of duty at the prescribed time on multiple occasions, between 28 April 2005 and 8 February 2006; willfully disobeying an NCO, SGT H, on 8 May 2005; and for his actions, he received two Article 15 punishments. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 19 April 2006 (5) Administrative Separation Board: (6) Separation Decision Date / Characterization: 26 April 2006 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 July 2000 / 6 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91P10, Radiology Specialist / 5 years, 10 months, 17 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA / Iraq (1 January 2004 to 5 January 2005) f. Awards and Decorations: ARCOM; AAM; AGCM; GWOTEM; GWOTSM; ASR; ASUA g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for failing to be at his appointed place of duty at the prescribed time on numerous occasions; not attending the enhanced physical training sessions; failing to obey an order or regulation; and actions unbecoming of a Soldier. CG Article 15, dated 27 September 2005 for failing to go to his appointed place of duty at the prescribed time on 11 separate occasions, between 28 April 2005 and 24 August 2005, and disobeying an NCO on 8 May 2005. The punishment consisted of a reduction to E-3 (suspended), forfeiture of $150, 14 days of extra duty, and 14 days of restriction (suspended). Record of Supplementary Action under Article 15, UCMJ, dated 13 February 2006, vacated the suspended punishment of a reduction to E-3 imposed on 27 September 2005, because the applicant failed to go to his appointed place of duty at the prescribed time on 18 October 2005. FG Article 15, dated 10 March 2006, for failing to go to his appointed place of duty at the prescribed time on 12 separate occasions between 18 October 2005 and 8 February 2006. The punishment consisted of a reduction to E-1, forfeiture of $318, and 30 days of extra duty. Report of Mental Status Evaluation, dated 13 April 2006, psychiatrically cleared the applicant for any administrative action deemed appropriate by his command. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Applicant's documentary evidence: Outpatient Progress Notes, dated 23 May 2005, note an "Asix I" assessment of an adjustment disorder with depressed mood, and health records, dated 27 May, 3 June, and 16 November 2005, and 13 and 19 April 2006, reflect behavioral health issues, including a diagnosis of chronic PTSD. Report of Medical History, dated 24 March 2006, indicates the applicant and the examiner noted behavioral health issues and treatment, which included being diagnosed with PTSD. Report of Medical Examination, dated 30 March 2006, indicates the applicant was diagnosed with chronic PTSD. Emergency care and treatment records, dated 5 October 2005, 17 June 2005, and 30 March 2006, indicate the applicant was treated for behavioral health issues. Applicant's document evidence: VA decision letter, dated 21 July 2006, shows the applicant was assigned 30 percent for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 19 August 2006. As additional evidence: health records documenting behavioral health issues. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, he has been gainfully employed. 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 14-12b 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. 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 and to change the narrative reason for his discharge. The applicant's available/record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that 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 incidents of misconduct, the applicant knowingly risked a military career and diminished the quality of his service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant's contentions regarding his behavioral health issues which involved being diagnosed with chronic PTSD, were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues along with notable service-connected post-traumatic stress disorder symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. In consideration of the applicant's post-service accomplishments, the Board can find that his accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. Although the applicant was not sure about requesting to change the reason for his separation, the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 14, paragraph 14-12b is "Pattern of Misconduct," and the separation code is JKA. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service 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 6 December 2017, and by a 5-0 vote, the Board determined that the discharge was inequitable based on the applicant's length and quality of service to include combat service, and in-service and post- service diagnoses of PTSD. Accordingly, the Board voted to grant relief in the form of an upgrade to the 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 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 AR20160015344 1