1. Applicant's Name: a. Application Date: 5 September 2016 b. Date Received: 8 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, changes to the narrative reason for separation and reentry eligibility (RE) code, and restoration of his rank. The applicant seeks relief contending, in effect, he has a service-connected disability for PTSD. The record indicates the applicant had a prior records review in 2010. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. The electronic medical records (AHLTA) were reviewed from February 2006 thru February 2012. There were no clinical notes for review. Radiology report from 3 May 2011 was reviewed. Laboratory results from September 2005 thru May 2011 were reviewed. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records notes 30 problems (18 VA entered) including PTSD, panic disorder, anxiety, depressive disorder, mood disorder, hyperlipidemia, eye problems and others. VA Rating Decision dated 27 July 2012 was reviewed with PTSD rated at 50 percent. The applicant has been service-connected at 70 percent overall (per VA benefits letter dated 14 Jan 2017). PTSD at 50 percent effective 30 Jan 2012, later increased to 70 percent. In a personal appearance hearing conducted at San Antonio, TX on 23 March 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and the circumstances surrounding his AWOL (i.e. PTSD), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. (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 October 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 September 2008 (2) Basis for Separation: The applicant was informed of the following reasons: assaulting PFC B. in the body and face with his fist (10 November 2006); and, AWOL on two separate occasions (16 to 28 May 2008 and 5 June to 8 July 2008). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 18 September 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: Undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 September 2005 / 3 years, 27 weeks / moral waiver (12 August 2005) b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 74D1P, Chemical Operations Specialist / 3 years, 23 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (15 January 2007 to 17 April 2008) f. Awards and Decorations: ARCOM, AAM, NDSM, ACM, GWOTSM, ASR, OSR, NATOMDL, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15 dated, 28 November 2006, for unlawfully striking PFC T.B. in the body and face with his fist (10 November 2006). The punishment consisted of a reduction to E-2 (suspended), forfeiture of $333 pay for two months (suspended), and extra duty for 14 days. FG Article 15 dated, 24 July 2008, for being AWOL on two separate occasions (16 May 2008 to 28 May 2008 and 5 June 2008 to 8 July 2008). The punishment consisted of a reduction to E-1, forfeiture of $673 pay for two months, and extra duty and restriction for 45 days. Four DA Forms 4187, dated between 22 May 2008 and 10 July 2008, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 16 May 2008 From "AWOL" to "PDY," effective 28 May 2008 From "PDY" to "AWOL," effective 5 June 2008 From "AWOL" to "PDY," effective 8 July 2008 Report of Mental Status Evaluation, dated 25 August 2008, reflects the applicant was mentally responsible for his behavior, could distinguish right from wrong, and possessed sufficient mental capacity. There was no evidence of an emotional or mental disorder of psychiatric significance at this time to warrant disposition through medical channels. The applicant was psychiatrically cleared for any administrative action deemed appropriate by command. The applicant received several negative counseling statements for attempted burglary and fighting with another Soldier. i. Lost Time / Mode of Return: 45 days 12 days (AWOL, 16 May 2008 to 28 May 2008) / returned to his unit 33 days (AWOL, 5 June 2008 to 8 July 2008) / mode of return unknown. j. Diagnosed PTSD / TBI / Behavioral Health: DD Form 2807-1, dated 2 September 2008, reflects the physician noted that the applicant was experiencing problems with anxiety and depression as the chapter process was taking too long; he was prescribed medication for treatment. VA Summary of Benefits, dated 30 June 2015, reflects the applicant was assigned a 70 percent disability rating for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; VA documents; DD Form 214; letter, Director, Case Management Division; certificate of achievement; four Recommendation for Awards. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with 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 14-12b 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 14-12b, Pattern of Misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 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." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable, changes to the narrative reason for separation and reentry eligibility (RE) code, and restoration of his rank. 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. 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 requested changes to the narrative reason for separation and his reentry eligibility code. However, the appropriate SPD code and reason to assign enlisted Soldiers who are discharged for Pattern of Misconduct is "JKA" and the RE code is 3. The regulation further stipulates that no deviation is authorized. The applicant contends that he has a service-connected disability for PTSD. The applicant submitted VA documents that reflect he was diagnosed with PTSD. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents. b. The applicant presented no additional contentions. c. Witness(es) / Observer(s): Regina Castillo - wife - (W) 10. BOARD DETERMINATION: In a personal appearance hearing conducted at San Antonio, TX on 23 March 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and the circumstances surrounding his AWOL (i.e. PTSD), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. 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 AR20160015869 1