1. Applicant's Name: a. Application Date: 18 November 2016 b. Date Received: 25 November 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable. The applicant seeks relief contending, in effect, the diagnosis of PTSD was contributing to the discharge. The applicant got in trouble and reduced in rank just prior to being discharged as a result of PTSD. The discharge was erroneous because the conditions were not considered prior to discharge. In a records review conducted at Arlington, VA on 13 March 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Civil Conviction) / AR 635-200, Chapter 14, SEC II / JKB / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 20 November 2016 c. Separation Facts: No (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: On 14 October 2016, the separation approving authority carefully considered the separation packet and the recommendations of the Medical Evaluation Board (MEB) to have the applicant's case referred to a Physical Evaluation Board (PEB). After careful consideration of all relevant matters, the recommendation of the MEB was disapproved. The applicant's medical condition was not the direct or substantial contributing cause of the misconduct, consistent with the applicant's assertions in his memorandum, dated 16 September 2016. Furthermore, no other circumstances of this individual case warrant disability processing instead of administrative separation. Therefore, he directed the applicant be separated from the United States Army under the provisions of AR 635-200, Active Duty Enlisted Administrative Separations, Chapter 14, paragraph 14-5, misconduct (civil conviction). He direct that the applicant s service be characterized as Under Other Than Honorable Conditions. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 May 2012 / 4 years b. Age at Enlistment / Education / GT Score: 21 years / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 31B10, Military Police / 88M10, Military Transport Operator / 6 years, 9 months, 20 days d. Prior Service / Characterizations: RA, 13 January 2010 to 3 May 2012 / HD e. Overseas Service / Combat Service: SWA / Afghanistan, 23 May 2011 to 21 May 2012 f. Awards and Decorations: ARCOM, AAM-2, AGCM, NDSM, ACM-2CS, GWOTSM, NOPDR, ASR, OSR, NATO MDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Progress Notes, General Medical- Separation Health Assessment Disability Benefits (Questionnaire), dated 4 September 2016, relates the applicant was diagnosed with PTSD and granted an evaluation of 50 percent disabling by the Army. Medical Evaluation Board Proceedings (MEB), dated 29 April 2016, revealed the applicant was diagnosed with PTSD and did not meet retention standards in accordance with AR 40-501, paragraph 3-33b, c. Of note, Advisory Opinion, The Army Review Boards Agency Clinical Psychologist opined based on the information provided by the Board, iPERMS, AHLTA, and JLV. Records indicate the applicant had a MEB which diagnosed him with PTSD and found him unfit for duty. During the separation process, the Separation Authority reviewed and considered his MEB; however disapproved the MEB in favor of Civil Conviction, Misconduct. Although PTSD is associated with alcohol use, it would not mitigate the civil conviction which included weapon charges. At this time, the applicant's PTSD diagnosis did not mitigate the basis for separation. However, the Board could consider a compassionate upgrade allowing the applicant to access VA medical and behavioral health services. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (two pages); Physical Disability Evaluation System (PDES), Commander's Performance and Functional Statement (five pages); Assumption of Command Memorandum; reenlistment document; Military LES; three monthly counseling statements; MEB Proceedings (two pages); ). IDES Medical NARSUM (six pages); Progress Notes, General Medical-Separation Health Assessment Disability Benefits (Questionnaire, 28 pages); and a letter, Director, Case Management Division. 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. 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 the characterization of service from under other than honorable conditions to honorable. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the complete facts and circumstances concerning the events which led to her discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's digital signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, SEC II, by reason of misconduct (civil conviction), with a characterization of service of under other than honorable conditions. Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant seeks relief contending, his diagnosis of PTSD was contributing to his discharge; he got in trouble and reduced in rank just prior to being discharged as a result of PTSD; and his discharge was erroneous because his conditions were not considered prior to his discharge. During the separation process, the Separation Authority reviewed and considered the applicant's Medical Evaluation Board and disapproved the Medical Evaluation Board findings in favor of the Civil Conviction by reason of his Misconduct. Additionally, an Advisory Opinion, from The Army Review Boards Agency Clinical Psychologist opined based on the information available at the time, determined that the applicant's PTSD diagnosis did not mitigate the misconduct and the basis for his separation. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available 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 March 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code 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 AR20170001169 1