1. Applicant's Name: a. Application Date: 16 December 2016 b. Date Received: 2 February 2017 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 a narrative reason change. The applicant seeks relief contending, in effect, he has been diagnosed with PTSD, and he believes this disorder may have negatively affected his judgement while he was serving on active duty. His offense was an isolated incident in his over 14 years of military service. He was an exceptional Soldier, NCO and leader. He believes that he served his country with honor and he desires that his discharge reflect that honor. Per the Board's Medical Officer, based on the information available for review at the time, the applicant's principal misconduct is not mitigated by his current mental health conditions, nor would his current mental health conditions, on the assumption that they existed at the time of his misconduct, mitigate his misconduct. The applicant, who is rated as of 30 May 2017 90 percent service-connected disabled in the JLV by the VA (70 percent disabled for PTSD), is contending his PTSD caused the bad judgment that led to his discharge. In a records review conducted at Arlington, VA on 19 July 2017, and by a 3-2 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include his combat service, and his prior period of honorable service mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes 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: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 29 March 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 October 2015 (2) Basis for Separation: The applicant was informed of the following reasons: On or about November 2014, while at or near Al Zarqa, Jordan, he conspired to falsify fuel receipts; and, On or about January 2015, he conspired and stole a receipt book from a business in Al Zarqa, Jordan. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 15 October 2015 (5) Administrative Separation Board: On 5 January 2016, the applicant conditionally waived consideration of his case by an administrative separation board, contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions) discharge. (6) Separation Decision Date / Characterization: 3 March 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 November 2012 / Indefinite b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 118 c. Highest Grade Achieved / MOS / Total Service: E-7 / 18C40, Special Forces Engineer Sergeant, and 11B30, Infantryman / 14 years, 7 months d. Prior Service / Characterizations: RA (30 August 2001 - 4 November 2004) / HD RA (5 November 2004 - 1 March 2009) / HD RA (2 March 2009 - 18 November 2012) / HD e. Overseas Service / Combat Service: Hawaii, SWA /Iraq (22 January 2004 - 10 February 2005), (15 July 2009 - 22 January 2010), Afghanistan (11 July 2010 - 16 February 2011 ), (15 January 2012 - 15 May 2012) / Lebanon ( 18 October 2013 - 20 December 2013) f. Awards and Decorations: BSM; ARCOM-3; AAM; AGCM-4; NDSM; ACM-2CS; ICM- 2CS; GWOTEM-2; GWOTSM; NCOPDR-3; ASR; OSR-2; NATOMDL-2; JMUA; MUC-2; VUA-2; CIB g. Performance Ratings: 1 January 2012 - 31 December 2012, Among the Best 31 December 2012 - 30 December 2013, Among the Best 30 December 2013 - 29 December 2014, Among the Best 30 December 2014 - 1 April 2015, Marginal, RFC h. Disciplinary Action(s) / Evidentiary Record: Memorandum, dated 28 January 2015, with a report of proceedings by the investigating officer (IO) and its associated documents, shows the result of an Article 15-6 investigation that included the IO's summary of facts and circumstances surrounding the theft of a receipt book from a business in Jordan on 12 January 2015, and a detailed findings and recommendations involving the applicant and another NCO, SSG C. FG Article 15, dated 14 April 2015, for falsifying fuel receipts in November 2014, and conspire to commit larceny of a receipt book on 12 January 2015. The punishment consisted of a forfeiture of $1,976 (suspended) and 45 days of extra duty and restriction (suspended). Report of Mental Status Evaluation, dated 9 June 2015, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of his VA medical records, dated 8 December 2016, which reflects the applicant was rated 70 percent disability for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: Online application and copies of his VA medical records. 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 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 12c, misconduct (serious offense). 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. The applicant's 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. 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 contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)," and the separation code is "JKQ"." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends that he had good service which included several combat tours. 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. The applicant is to be commended for his accomplishments. The applicant contends the Veterans Administration has granted him a service connected disability for Post-Traumatic Stress Disorder (PTSD). However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 9 June 2015, the applicant underwent a mental status evaluation which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong. It appears the applicant's chain of command determined he knew the difference between what was right and wrong as indicated by the mental status evaluation. 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 19 July 2017, and by a 3-2 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include his combat service, and his prior period of honorable service mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes 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 AR20170001397 1