1. Applicant's Name: a. Application Date: 22 December 2016 b. Date Received: 27 December 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he needs the GI Bill for college. Per the Board's Medical Officer, based on the information available for review at the time, including the applicant's case files, AHLTA and JLV.AHLTA notes indicate applicant presented to BH initially while deployed in early 2009. At that time, he was diagnosed with PTSD, delayed onset, related to childhood history of sexual abuse at age 8. He reported that he was diagnosed with PTSD, ADHD and Oppositional Defiant Disorder at age 12-13, psychiatrically hospitalized at age 14, treated with psychiatric medications at age 18-Adderall and Depakote. His PTSD symptoms consist of extreme anger, insomnia (since age 8), flashbacks of sexual abuse, labile mood and dysphoria. Applicant reported to Behavioral Health provider in 2009 that his father was in jail for sexually abusing applicant's sister. Applicant was abused by his aunt's brother in law and testified against him; brother in law was subsequently incarcerated. Psychiatrist performing his separation MSE commented that applicant had history of ADHD, PTSD and ODD. He also noted that the applicant was "accused of molesting god-daughter". The BH provider cleared applicant for administrative discharge. VA notes indicate applicant is 10% service connected for bursitis. VA notes also indicate that the applicant has been diagnosed with PTSD related to childhood trauma. Applicant has a history of childhood sexual abuse with consequent development of PTSD. While not mitigating for his misconduct (due to fact his PTSD existed prior to service), applicant's past history more likely than not influenced his behaviors in the military, especially in regard to his relationships with authority figures. In a records review conducted at Arlington, VA on 23 March 2018, 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 17 February 2010 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 25 January 2010 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he was counseled for disrespectful behavior towards a noncommissioned officer and for dereliction of duty on divers occasions between (25 August 2008 and 27 August 2009); he received a CG Article 15 for failing to go to his appointed place of duty at the time prescribed, for disobeying a lawful order from a noncommissioned officer, and for disrespectful behavior towards a noncommissioned officer (24 September 2008); he received a FG Article for failing to go to his appointed place of duty at the time prescribed, for disobeying a lawful order from a noncommissioned officer and for disrespectful behavior towards a noncommissioned officer, and for disrespectful behavior towards a commissioned officer (16 January 2009); on 4 December 2009, a commissioned officer gave him a no contact order on specific individuals, which he violated the order (7 December 2009); and he also received numerous other counseling' s for misconduct that were prejudicial to good order and military discipline. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 26 January 2010, the applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 4 February 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 April 2007 / 4 years b. Age at Enlistment / Education / GT Score: 20 years / HS Graduate / 108 c. Highest Grade Achieved / MOS / Total Service: E-3 / 25U10, Signal Support Systems Specialist / 2 years, 9 months, 23 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq, 6 November 2008 to 19 October 2009 f. Awards and Decorations: NDSM, ICM-CS, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 1 October 2008, for without authority, fail to go at the time prescribed to his appointed place of duty (22 August 2008); he knew of his duties, were derelict in the performance of those duties in that he negligently failed to maintain accountability of his Military Identification Card, as it was his duty to do (11 September 2008); he was disrespectful in language toward SSG*J.P.M., a noncommissioned officer, who was in the execution of his office, by saying to him, "No I will not do what you tell me to do," and "You are a sub-standard NCO, or words to that effect (16 September 2008); having received a lawful order from SSG J.P.M., a noncommissioned officer, to go to parade rest and to get into the front leaning rest position, an order which it was his duty to obey, did willfully disobey the same (16 September 2008); and fail to obey a lawful general order, by not keeping his living quarters neat and orderly to the standard (19 September 2008); reduction to PV2 / E-2, forfeiture of $352 pay for one month (suspended), extra duty for 14 days and restriction for 14 days (suspended). FG Article 15, dated 16 January 2009, for, without authority, go from his appointed place of duty (29 September 2008); having received a lawful order from SSG J.P.M., a noncommissioned officer, to not accept any work orders unless assigned to him by MAJ A.L.M., WO1 D. K.H., or himself, an order which it was his duty to obey, did willfully disobey the same (29 December 2008); he was disrespectful in language toward SSG J.P.M., a noncommissioned officer, who was then in the execution of his office, by saying to him "This counseling statement is bullshit and I don't deserve it" and "F you" or words to that effect (30 December 2008); and behaved himself with disrespect toward MAJ A.L.M., his superior commissioned officer, by not standing at attention or parade rest and not addressing her properly (30 December 2008); reduction to PVT / E-1 (suspended), forfeiture of $749 pay for two months (suspended), extra duty for 45 days. Report of Medical Examination dated, 28 August 2009, revealed the applicant was psychiatrically cleared for any administrative action deemed appropriate by the Commander to include chapter separation or UCMJ. The applicant received numerous negative counseling statements for various acts of misconduct; initial counseling, a violation of no contact order and being recommended for separation. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical Examination dated, 9 January 2009, relates that the applicant had an Axis I diagnosis of PTSD (by history, not combat or military related), and a mood disorder not otherwise specified (NOS). He was psychiatrically cleared for any administrative action deemed appropriate by the Commander to include chapter separation or UCMJ. He met psychiatric criteria for expeditious administrative separation (i.e. waiver of rehabilitative period) in accordance with Chapter 5-13 or Chapter 5-17, AR 635-200. Recommend chapter separation in accordance with Chapter 5-13, AR 635-200. He possessed above average intelligence; however, he does not appear motivated to serve in the Army. Although he could present himself as a responsible adult, he established a pattern of misconduct that was inconsistent with military order and discipline. He credibly denied active SI or HI and there were no SI / HI issues, problems, or concerns. Report of Medical Examination dated, 14 January 2010, relates that the applicant had an Axis II diagnosis deferred, cluster B traits suspected. There was no evidence of a cognitive disorder or severe mental disease or defect. From a psychiatric perspective, he met retention requirements, was fit for duty and commands full capacity. He was psychiatrically cleared for any administrative action deemed appropriate by command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages). 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 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 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 the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. The applicant's record of service and the issue 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 requests a change to the narrative reason for separation. 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 regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, he needs the GI Bill for college. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 23 March 2018, 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 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 Code to: No Change f. Change 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 AR20170001289 4