1. Applicant's Name: a. Application Date: 27 May 2016 b. Date Received: 13 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. The applicant seeks relief contending, in effect, that the medication and chronic insomnia impacted his ability to report to duty on time. The applicant contends he served honorably from August 2005 and was deployed to Iraq in 2006 as a combat medic. After 14 months of a combat tour and seeing over 450 traumas and losing 10 men, he like so many others in his unit was impacted and started to see the Brigade Psychologist for six months while deployed. In the 10 months after his return from Iraq, he struggled with the events that took place in Iraq. He was put on Prozac and Ambien and was admitted to the psychiatric inpatient unit at William Beaumont Army Medical Center for suicidal ideation, PTSD, and depression. He tried to talk with his unit multiple times and was accused of "faking it," he was not faking the symptoms. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a partially mitigating medical or behavioral health condition for the reasons leading to an early separation. In summary, SMs behavioral health conditions, particularly PTSD and Depression, can be associated with some but not all of his misconduct. Behaviors such as underage drinking can be associated with self-medicating and failing to obey an order. However, all of his FTRs may not reasonably be related to his behavioral health symptoms and failing to shave is not reasonably related to a behavioral health condition. In a records review conducted at Arlington, VA on 13 December 2017, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (i.e. in-service and post- service diagnoses of OBH and PTSD and inappropriate OBH follow-up treatment), and a prior period of honorable service. Therefore, 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 17 October 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 September 2008 (2) Basis for Separation: The applicant was informed of the following reasons: failure to go to his appointed place of duty x8 (28 September 2007, 21 February 2008, 3 April 2008, 13 May 2008, 9 June 2008, 27 June 2008, 30 June 2008, and 28 August 2008), Failure to shave 21 February 2008 and 4 April 2008; Underage drinking; and Failure to obey the order of a superior commissioned officer. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 30 September 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 9 October 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 November 2007 / 4 years b. Age at Enlistment / Education / GT Score: 17 / GED / 128 c. Highest Grade Achieved / MOS / Total Service: E4 / 68W10, Health Care Specialist / 3 years, 2 months, 14 days d. Prior Service / Characterizations: RA, 4 August 2005 to 9 November 2007 / HD e. Overseas Service / Combat Service: SWA / Kuwait-Iraq (2 November 2006 to 19 January 2008) f. Awards and Decorations: ICM, NDSM, GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 5 May 2008, for failure to go at the time prescribed to his appointed place of duty on (28 September 2007, 21 February 2008, and 3 April 2008), disobeying a lawful order from a noncommissioned officer on (9 September 2007, 21 February 2008, and 4 April 2008). The punishment consisted reduction to E-3, forfeiture of $390 pay, 11 days extra duty and restriction, and 11 days of no video games in his room. FG Article 15, dated 14 August 2008, for failure to go at the time prescribed to his appointed place of duty on 30 June 2008. The document makes reference to a continuation sheet; however, the continuation sheet was not found in the available record. The punishment consisted of reduction to E-1, forfeiture of $673 pay per month for two months (suspended), and 45 days extra duty and restriction. 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: NIF; however, the Defense Counsel's memorandum, dated 30 September 2008, makes reference to the applicant having had mental health issues in Iraq; and that after his return from Iraq he was put on Ambien, but was taken off that and put on Prozac and remeral for their antidepressant and sleep-aide qualities. He later self-referred to inpatient mental health. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; copy of his separation packet; and several letters of support. 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 14-12b 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. 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. 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. 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, that the medication and chronic insomnia impacted his ability to report to duty on time. The applicant contends he served honorably from August 2005 and was deployed to Iraq in 2006 as a combat medic. After 14 months of a combat tour and seeing over 450 traumas and losing 10 men, he like so many others in his unit was impacted and started to see the Brigade Psychologist for six months while deployed. In the 10 months after his return from Iraq, he struggled with the events that took place in Iraq. He was put on Prozac and Ambien and was admitted to the psychiatric inpatient unit at William Beaumont Army Medical Center for suicidal ideation, PTSD, and depression. He tried to talk with his unit multiple times and was accused of "faking it," he was not faking the symptoms. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered and the applicant is to be commended on his accomplishments. It should be noted; by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct (drug abuse). It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC discharge. The applicant's contentions in reference to the medication and chronic insomnia which impacted his ability to report to duty on time and that he was put on Prozac and Ambien and was admitted to the psychiatric inpatient unit at William Beaumont Army Medical Center for suicidal ideation, PTSD, and depression were noted. The evidence supporting the applicant's contentions were noted in the file; however, the record does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. 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 13 December 2017, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of OBH and PTSD and inappropriate OBH follow-up treatment), and a prior period of honorable service. Therefore, 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 AR20160016670 1