1. Applicant's Name: a. Application Date: 5 December 2016 b. Date Received: 8 December 2016 c. Representative: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and to change the narrative reason for his discharge. The applicant seeks relief contending, in pertinent part and in effect, there are extenuating and inequitable circumstances surrounding his discharge. He was diagnosed with PTSD and chronic back pain. He was not afforded appropriate and timely case management through the MEB process and was prescribed powerful narcotic and psychotropic medications without proper guidance for use or a clear understanding of the effects by his first line supervisors, his chain of command. His medical record reflects sedating or mood altering medication prescribed during the time he received negative counseling statements for being late or not waking up. Although waived, he was not afforded an opportunity for a rehabilitative transfer to another command prior to discharge. He was successful in all aspects of his life up until the time of his injury, as proved by his assignment to one of the most elite units in the US Army where he went through physical and mental requirements to include background checks beyond a basic Soldier. (Note the representative detailed the events leading up to the applicant's discharge, and his performance prior to his injuries and medical treatments, and following the dose of his medications being reduced. When he gained a better understanding of his limitations, he no longer received any negative counseling.) Per the Board's Medical Officer, based on the information available for review at the time including the applicant's case file, AHLTA and JLV. AHLTA notes indicate applicant was diagnosed with PTSD by Family Practice based on screening test results. Further assessment by Psychology ruled out PTSD and TBI and diagnosed applicant with Adjustment Disorder with Anxiety and Depression. Review of JLV indicates applicant is 60% SC Disabled (50% for Chronic Adjustment Disorder). Review of VA C&P exam for PTSD indicates applicant did not meet criteria for a PTSD diagnosis. Based on the available information, applicant does not have a mitigating BH diagnosis for the misconduct leading to his DC from the Army. In a records review conducted at Arlington, VA on 1 December 2017, and by a 5-0 vote the Board determined that the characterization of service was too harsh based on the applicant's length of service to include combat service and circumstances surrounding the discharge (i.e. 60% VA disability rating, 50% service-connected chronic adjustment disorder). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (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: 1 April 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 September 2010 (2) Basis for Separation: The applicant was informed of the following reasons: On 7 April 2010, he received an Article 15 for failing to report to formation (twice). He was counseled on three separate occasions for failing to report. He was counseled on three separate occasions for disobeying an NCO. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 2 September 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 March 2011 / General (Under Honorable Conditions) (The GCMCA disapproved the recommendation of the MEB.) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 October 2007 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 4 months, 5 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA / Afghanistan (1 October 2008 to 1 February 2009) f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for electing trial by court-martial after the reading of his Article 15; being recommended for an involuntary separation; receiving multiple counseling in a three-month period; lying to an NCO; failing to report for duty on numerous occasions; having an overall bad performance; disobeying an NCO; disrespecting NCO authority; failing to be at his appointed place of duty at the prescribed time on numerous occasions; and failing to notify his chain of command of his appointments. CG Article 15, dated 7 April 2010, for failing to go to his appointed place of duty at the prescribed time on two separate occasions on 17 and 19 February 2010. The punishment consisted of a reduction to E-3, forfeiture of $211 (suspended), and 14 days of extra duty and restriction. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Mental Status Evaluation, dated 9 August 2010, indicates the applicant had a diagnosis of an adjustment disorder with anxiety and depressed mood, and he was cleared for any administrative actions deemed appropriate by his command. Report of Medical History, dated 27 July 2010, indicates the applicant noted behavioral health issues. The applicant's documentary evidence containing health records reflect behavioral health issues and treatments. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 5 December 2016; DA Form 7433 (Privacy Act Information Release Statement), dated 7 December 2016; copy of photo depicting the applicant; representative-authored statement; two supporting statements; Report of Medical History, dated 23 February 2010; Physical Disability Evaluation System (PDES) Commander's Performance and Functional Statement, dated 24 May 2010; MEB Narrative Summary, dated 6 May 2010; counseling statements, dated 25 February 2010, 4 May 2010, 14, 22, 23, and 26 July 2010, 4 August 2010; Article 15, dated 7 April 2010; unit commander's report, dated 1 September 2010; and health records, dated 9 July 2009, 5 August 2009, 2 and 29 September 2009, 30 November 2009, 10 December 2009, 6, 7, and 20 January 2010, 9 and 17 February 2010, 2, 10, 22, and 29 March 2010, 7, 12, 19, 20, and 28 April 2010, 5, 11, and 19 May 2010, 21 June 2010, and 21 July 2010. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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 14-12b 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, paragraph 14-12b, pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows that 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 his general (under honorable conditions) discharge to honorable and to change the narrative reason for his discharge. The applicant's available record of service, and 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. By the incidents of misconduct, the applicant knowingly risked a military career and diminished the quality of his service. The applicant's contentions regarding his medical and behavioral health issues following his deployment, and being diagnosed with PTSD were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues along with notable service-connected post-traumatic stress disorder symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. However, the separation authority considered the medical evidence or the recommendation of the medical evaluation board and determined that was not the case. The Board is not bound by the separation authority's finding in that regard, and can review that determination. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service and to change the narrative reason for his discharge. The applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635- 5-1 for a discharge under Chapter 14, paragraph 14-12b is "Pattern of Misconduct," and the separation code is JKA. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service 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 1 December 2017, and by a 5-0 vote the Board determined that the characterization of service was too harsh based on the applicant's length of service to include combat service and circumstances surrounding the discharge (i.e. 60% VA disability rating, 50% service-connected chronic adjustment disorder). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 AR20170003842 1