1. Applicant's Name: a. Application Date: 23 December 2016 b. Date Received: 27 December 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, because at the time of his discharge, he was diagnosed for Post-Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury. In addition, on 19 November 2014, his Medical Evaluation Board Proceedings began. The Board considered three primary medical conditions: Lumbar DDD; Cervical Degenerative Joint Disease; and, PTSD, by this board. He notes, his diagnosis for PTSD at this time. He provides a copy of a letter from Dr. R C, MD, stating that his current diagnosis and many of his symptoms are related to his actions. During his military service, was an exemplary Soldier and Non Commissioned Officer (NCO) who was moving up the ranks and had received many awards and decorations, to include the Bronze Star Medal for his meritorious actions in combat. All his evaluations reflect that he was topped blocked by his Raters and Senior Raters and recommended for promotion and or service in the positions of greater responsibility. His final evaluation reflects a dramatic deportation from his historical performance of excellence. This rating does not truly reflect the person, Soldier, or NCO that he was who had served the country for 16 years. Due to his overall exemplary performance as a senior NCO and leader of Soldiers, he was not demoted to a lesser grade pay or rank. He states that the BG's memorandum, dated 29 January 2015, stated that he the applicant's misconduct was unrelated to any of the medical conditions for which he was undergoing during the proceedings. The applicant continued the appropriate medical treatment for his diagnosed PTSD and other medical conditions during the proceedings. Based on this, the applicant requests that the Board review his submitted documentation in accordance with the Principal Deputy Under Secretary of Defense Memorandum, dated 24 February 2016, and render a favorable decision. He states, he was awarded 100 percent Permanent and Total for service-connected disabilities by VA Administration with the effective date of 19 February 2015. Included in his service connected disabilities is his diagnosis for PTSD. This diagnosed condition, was diagnosed and treated while he was on active duty, while serving and defending the country, prior to his discharge. Per the Board's Medical Officer, based on the information available for review at the time, case files, AHLTA and JLV were reviewed. AHLTA notes indicate applicant had frequent Behavioral Health (BH) and ASAP involvement while on active duty. He was initially seen by BH in Dec 2009 when he presented stating he had been drinking heavily; he reported a past history of ASAP involvement in 2008 while in Kentucky. He endorsed irritability, poor sleep, nightmares, intrusive thoughts and hypervigilance during this appointment. He was diagnosed with Anxiety Disorder NOS. His most pressing complaint at the time was his insomnia. He continued to see BH for supportive therapy and medication management. In Sep 2012, he was screened for PTSD (negative screen), depression (negative screen) and alcohol use (indicated hazardous use). When asked about his drinking, he stated that he did not see it as a problem because it did not interfere with his life. He stated he did not want to go to ASAP and he declined any further appointments with BH. In Feb 2013, he was seen again by BH with complaints of insomnia, mixed anxiety and depressive symptoms, excessive worrying, irritability, decreased energy, recurrent thoughts of deployment and occasional nightmares. His PTSD checklist score (PCL-5) was 45 (50 or above indicates need for evaluation for PTSD) and his AUDIT score was 13 (indicates hazardous drinking level). In March 2013, he was seen by a psychiatrist for anxiety and insomnia, diagnosed with Anxiety Disorder NOS and placed on medications. He had a good response to the medications, reporting in April 2013 that his sleep had improved and his mood was better. He described his mood as "awesome". In Aug 2013, he was again referred to ASAP after being arrested for being drunk and disorderly in public. At this time, he did not meet criteria for a Substance Use Disorder. In Nov 2013, he saw BH and reported that his overall anxiety was fairly well managed on meds but he still had problems with insomnia. In March 2014, he reported he had been drinking more and his psychiatric symptoms were worse. He stated he was facing administrative separation for Patterns of Misconduct following a recent alcohol related incident in which he was arrested after wrecking his car with a BAC of 0.221. He also reported to BH that he had received a DUI in 2008 and had been arrested for drunk and disorderly conduct in 2013. In April 2014, he underwent his command directed separation Mental Status Evaluation. He was diagnosed with Anxiety Disorder NOS, Alcohol Dependence, Insomnia and Occupational Problem and referred for evaluation of possible TBI. This evaluation also documented that, in addition to the alcohol related arrests already mentioned, the applicant was also charged with Reckless Driving in 2005. In April 2014, he was evaluated by the TBI clinic where he reported a history of exposure to multiple explosions, falls and blows to the head. He reported loss of consciousness less than 30 minutes. (There is no documentation in AHLTA of any of these head injuries). His brain MRI was normal. His TBI health care provider telephonically reported to his psychiatrist that the applicant met retention standards. In late April 2014, the applicant asked BH for a MEB. On 16 Sep 2014, he began the MEB process for his back issues. He was also diagnosed with PTSD on 16 Sep 2014 by his case manager. On 20 Sep 2014, he was seen in the Emergency Department for assessment of suicidal ideation after receiving a DUI with a BAC of 0.243. On 22 Sep 2014, he reported that his medications and therapies were not "working" for him anymore to which his psychiatrist pointed out that he had shown very poor compliance with his medication regimen over the past few months. In Oct 2014, the applicant was admitted to and completed a 28 day dual diagnosis Alcohol Dependence and PTSD program at Laurel Ridge Hospital. In Dec 2014, he was arrested for DWI with a BAC of 0.243. In Nov 2014, his MEB indicated that he had three conditions that did not meet military medical retention standards: Lumbar Degenerative Disc Disease, Cervical Degenerative Disc Disease and PTSD. Review of the applicant's record indicates the following legal record: in 2005, he was charged and convicted of Reckless Driving; in 2008, he was charged with DUI, Disorderly Conduct, Resisting Arrest (was tasered twice)-he had a jury trial and was acquitted and later countersued the state of Kentucky and won; in Aug 2013, he was arrested for Disturbing the Peace while Intoxicated; in March 2014, he was arrested after wrecking his car with a BAC of 0.221; in Sept 2014, he was arrested for DWI (BAC-0.243) and driving without a license in his possession; in Dec 2014, after completing his 28 day inpatient Alcohol Dependence and PTSD program, he was arrested for DWI (BAC-0.243). The applicant is contending that his misconduct is due to his PTSD and TBI diagnoses. It is true that PTSD and/or TBI can lead to the occasional use of alcohol to self-medicate symptoms. However, in neither illness is drunk driving part of the natural sequelae of that illness. The applicant has demonstrated a long history of alcohol misuse dating back to 2005 and escalating over time, eventually resulting in 3 arrests for DWI while on active duty (March 2014, Sept 2014, Dec 2014) and one arrest for Disturbing the Peace and being drunk-Aug 2013. One could argue that the applicant's drinking behaviors worsened over time as a result of his worsening PTSD. However, the applicant's history indicates that his PTSD symptoms improved with treatment as documented in the medical notes written in the latter part of 2013. It was also documented in his 22 Sep 2014 medical note that his PTSD symptoms worsened when he chose to be noncompliant with his medication regimen. Therefore, based on the available documentation, it is the opinion if the Agency psychiatrist that the applicant's misconduct (pattern of repetitive arrests for DWI) is less likely than not caused by PTSD and more likely than not caused by his severe Alcohol Dependence. As such, the applicant's diagnosis of PTSD does not mitigate the misconduct leading to his discharge from the Army. In a records review conducted at Arlington, VA on 6 April 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: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 18 February 2015 c. Separation Facts: (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: Memorandum, dated 28 January 2014, reflects the Trial Counsel reviewed the applicant's narrative summary, his service record and the Commander of Operations Group recommendation and recommended that the separation authority accept the applicant's conditional waiver for a General (Under Honorable Conditions). (6) Separation Decision Date / Characterization: 20 January 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 February 2011 / Indefinite b. Age at Enlistment / Education / GT Score: 36 / 3 years College / 104 c. Highest Grade Achieved / MOS / Total Service: E-7 / 13B40, Cannon Crewmember / 16 years, 15 days d. Prior Service / Characterizations: RA, 4 February 1999 - 10 April 2001 / HD RA, 11 April 2001 - 18 August 2004 / HD RA, 19 August 2004 - 16 January 2006 / HD RA, 17 January 2006 - 5 February 2011 / HD e. Overseas Service / Combat Service: Hawaii, SWA / Afghanistan (8 July 2002 - 8 January 2003 / 9 June 2010 - 29 April 2011) / Iraq (3 September 2003 - 2 April 2004 / 28 September 2005 - 22 September 2006) f. Awards and Decorations: ACM-2CS, BSM, MSM, ARCOM-5, AAM-6, JMUA, MUC, PUC, VUAASUA, AGCM-5, NDSM, GWOTEM, GWOTSM, ICM-2CS, NCOPDR-3, ASR, OSR-4, NATOMDL, CAB g. Performance Ratings: 1 December 2010 - 30 March 2012 / Among The Best 31 March 2012 - 30 March 2013 / Among The Best 31 March 2013 - 1 October 2013 / Among The Best 2 October 2013 - 9 May 2014 / Marginal h. Disciplinary Action(s) / Evidentiary Record: Leesville Police Department report, dated 2 August 2013, reflects the applicant was arrested for Disturbing The Peace - Drunk. Military Police Report, dated 2 August 2013, reflects the applicant was apprehended for Disturbing the Peace (Off Post). State of Louisiana, Uniform Motor Vehicle Traffic Crash Report, dated16 March 2014, reflects the applicant was arrested after he wrecked his vehicle. The applicant was arrested for Careless Operation and Open container. A Chemical Breath test reflected .221g percent (alcohol). Military Police Report, dated 17 March 2014, reflects the applicant was apprehended for Carless Operation (Off Post) and Open Container (Off Post). General Officer Memorandum Of Reprimand, dated 19 March 2014, for driving while intoxicated. The applicant was arrested on 17 March 2014, for operating a vehicle while intoxicated, careless operation and open container of alcohol. A breathalyzer indicated a blood alcohol content of .221g, which exceeded the legal limit. United States District Court Violation Notice, dated 20 September 2014, reflects the applicant was arrested for Driving While Intoxicated. The applicant's breath sample test resulted in .243g percent BAC. Military Police Report, dated 20 September 2014, reflects the applicant was apprehended for No Driver's License in Possession (On Post) and Driving While Intoxicated (On Post). State of Louisiana, Vernon Parrish, police citation, dated 8 December 2014, reflects the applicant was arrested for Driving, Must have License in Possession. An Intoxilyzer test reflected that applicant had a .243 percent BAC. The applicant was subsequently charged with Operating a Vehicle While Intoxicated. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 24 June 2014, 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. The applicant was diagnosed with: Occupational Problem (chapter); Anxiety Disorder NOS; Alcohol Dependence; Insomnia; and, Concussion w/ LOC <30 min. (Axis I) Medical Evaluation Board Proceedings, dated 19 November 2014, reflects the applicant was diagnosed, in part, with: PTSD. The applicant provided a copy of his VA disability rating decision, dated 9 June 2015, which reflects the applicant was rated 70 percent disability for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; a copy of his separation packet; copies of his NCOERs; copies of his military service records; Psychiatrist letter; and, a copy of his VA disability rating decision. 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. 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 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 he was suffering from PTSD, which affected his behavior and led to his discharge. The applicant's service record contains documentation that supports a diagnosis of in service 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 24 June 2014, 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 that he knew the difference between what was right and wrong as indicated by the mental status evaluation. The applicant contends that he had good service which included four 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 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 6 April 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 AR20170001467 4