1. Applicant's Name: a. Application Date: 27 December 2016 b. Date Received: 3 February 2017 c. Counsel: 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, his discharge is inequitable, based on a single incident in 11 years of service. He had no other prior or subsequent adverse actions against him. The applicant served honorably and placed himself in life-threatening danger, defusing improvised munitions and earning several awards. The applicant attended multiple training courses intended to advance his Army career and twice served in a designated imminent danger zone while deployed. The applicant was diagnosed with Post Traumatic Stress Disorder (PTSD), slipped L-5-6 vertebrae, knee injury, and arthritic conditions related to his time in service and injuries sustained while deployed. His PTSD was the major contributing factor leading up to his discharge, as this diagnosis indicates that he was suicidal, depressed and had recurring memories of life- threatening situations, nightmares, and difficulty maintaining relationships. As a result of his medical conditions, the applicant was prescribed Zoloft, Buspar, and Tramadol. In addition to these prescribed medications the applicant was the victim of undiagnosed alcoholism following his first deployment, wherein he would regularly consume 12 or more alcoholic beverages per day to cope with mental stress and wildly out of control emotions brought on by the things he witnessed while deployed. The applicant states it was this combination of his prescription medication, undiagnosed alcoholism, PTSD, depression, and physical pain resulting from multiple deployments, which led to a momentary lapse in judgment. The applicant's discharge fails to reflect the many good deeds, meritorious actions and the lives he saved throughout his Army career. Since his discharge, the applicant sought treatment on his own, improved his personal relationships with his wife, became a responsible father, stopped drinking, found gainful employment, attends regular religious services and is a contributing member of society. Per the Board's Medical Officer, based on the information available for review at the time, there was insufficient evidence to determine if the applicant had a mitigating medical or behavioral health conditions for the offenses. A review of electronic medical records revealed diagnoses of PTSD, Traumatic Brain Injury, and Depression; however, without a clear reason for separation, a medical opine cannot be rendered. In a records review conducted at Arlington, VA on 21 July 2017, 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: 16 August 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 August 2012 (DA Form 4856) / the applicant acknowledged receipt of the separation notification, under the provisions of chapter 14-12c, on 14 February 2013, however, the separation notification (memorandum) is not in the applicant's service record. (2) Basis for Separation: The applicant was informed of the following reasons: received a FG Article 15, for violation of the UCMJ, Article 92 in December 2011; and, he lost his MOS qualification due to personal misconduct resulting in an AR 15-6 Investigation. (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: The applicant provided a copy of an undated and unsigned request for a conditional waiver, wherein the applicant conditionally waived consideration of his case before an administrative separation board, contingent upon him receiving a characterization of service no less favorable than honorable or general (under honorable conditions) discharge. On 12 March 2013, the separation authority denied the conditional waiver. The applicant's separation packet is not part of the service record and the documents provided by the applicant were incomplete. It appears, based on the documents provided that he was directed to appear before an Administrative Separation Board. (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 November 2011 / 4 years b. Age at Enlistment / Education / GT Score: 28 / HS Graduate / 124 c. Highest Grade Achieved / MOS / Total Service: E-6 / 89D30, EOD Specialist / 13 years, 1 month, 26 days d. Prior Service / Characterizations: ARNG, 21 June 2000 - 2 September 2002 / HD IADT, 31 May 2001 - 8 March 2002 / HD (Concurrent Service) RA, 3 September 2002 - 13 February 2006 / HD RA, 14 February 2006 - 6 November 2011 / HD e. Overseas Service / Combat Service: Germany, SWA / Iraq (9 February 2004 - 9 February 2005, 23 December 2008 - 22 April 2009) f. Awards and Decorations: MUC-2, AGCM-3, NDSM, GWOTEM, GWOTSM, ICM-4CS, NCOPDR-3, ASR g. Performance Ratings: 30 November 2011 - 29 September 2012, Marginal h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided an extract of his Active Duty medical record, dated 11 March 2013, which reflects he was diagnosed with: PTSD, chronic (Axis I). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: The applicant sought treatment on his own, improved his personal relationships with his wife, became a responsible father, stopped drinking, found gainful employment, attends regular religious services and is a contributing member of society. 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. 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 available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant's contentions about his chain of command placing undue stress on him were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. 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 two 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's service record contains documentation that supports a diagnosis of in service 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 applicant's service record is void of a mental status evaluation. It appears the applicant's chain of command determined that although he was suffering from PTSD, he knew the difference between what was right and wrong. The Army Discharge Review Board is authorized to consider post-service factors in the re- characterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character The third party statement provided with the application spoke highly of the applicant's character. The author recognized his good conduct after leaving the Army; however, the person providing the character reference statement was not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, the statement did provide any evidence sufficiently compelling to overcome the presumption of government regularity If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide a complete copy of 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 that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 21 July 2017, 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 f. Restore (Restoration of) 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 AR20170001508 2