1. Applicant's Name: a. Application Date: 2 March 2017 b. Date Received: 8 March 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and that the narrative reason for discharge be left blank. The applicant seeks relief contending, in effect, that the issues that resulted in the discharge did not begin until after returning from overseas in a combat zone in Iraq. The applicant contends that they continued after leaving Iraq and resulted in the discharge. These conditions were caused by the applicant's mental state, which was later diagnosed as PTSD by the US Department of Veterans Affairs. The applicant now requests that the discharge be upgraded in accordance with Memorandum for Secretaries of the Military Departments, dated 3 September 2014. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the applicant has been was diagnosed with Behavioral Health (BH) conditions while on active duty. VA records also indicate the applicant is 70% service connected for PTSD. Based on the available information and in accordance with Liberal Guidance criteria, the applicant has been diagnosed with a BH condition and therefore there is a nexus between the applicant's diagnosis of PTSD and some of the misconduct. In a records review conducted at Arlington, VA on 25 July 2018, and by a 3-2 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: 30 April 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 March 2010 (2) Basis for Separation: The applicant was informed of the following reasons: on multiple occasions he failed to report for duty; and On 31 August 2009 he forged a sick call slip (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 23 March 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 31 March 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 October 2006 / 3 years, 23 weeks b. Age at Enlistment / Education / GT Score: 18 / GED / 103 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M10, Motor Transport Operator / 3 years, 5 months, 29 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (14 July 2007 to 7 August 2008) f. Awards and Decorations: AAM, NDSM, GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 28 September 2007, disobeying a lawful order from a noncommissioned officer to stay on the bus on 2 September 2007 while in Iraq, being disrespectful in language towards a noncommissioned officer by saying to her "this is such bullshit!, and fuck it!," or words to that effect on 2 September 2007, being disrespectful in deportment towards a noncommissioned officer by throwing the keys to the bus and walking away from her as she was speaking to him on 2 September 2007, be derelict in the performance of his duties in that he negligently failed to perform a proper preventive maintenance check and service on the vehicle that he would be using for the mission on 2 September 2007, and being derelict in the performance of his duties in that he willfully went to sleep while serving as the TC in the vehicle in which he was riding on 2 September 2007. The punishment consisted of reduction to E-1, forfeiture of $340 for one month, and 7 days of extra duty and restriction. FG Article 15, dated 19 October 2009, for failure to go at the time prescribe to his appointed place of duty on 18 March 2009, 24 July 2009, and 16 August 2009, and with intent to deceive, signed an official document, to wit: DD Form 689, dated 31 August 2009, which the document was false in that it was not signed by a doctor at the CTMC. The punishment consisted of reduction to E-1, forfeiture of $699 pay per month for two months, and 45 days of extra duty and restriction. Military Police Report, which indicates the applicant was the subject of investigation for driving under the influence (alcohol) and larceny of private property. Field Grade Officer Administrative Reprimand, dated 2 March 2010, for being arrested by military police for driving under the influence, as determined by a properly conducted test. Several negative counseling statements for various acts of misconduct and performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Chronological Record of Medical Care, dated 25 November 2009, shows that a mental status examination, clinical interview and review of available records were conducted. It was noted that the applicant had deployed once and was negative for symptoms of PTSD or mTBI. Base on the screening, there were no overt psychiatric disorder noted. The applicant reported past psychiatric diagnosis that were not in noted chart. The applicant appeared to be mentally responsible, able to distinguish right from wrong and adhere to the right. The applicant was psychologically cleared for any administrate actions deemed appropriated by his command. In a medical document submitted by the applicant, dated 27 February 2017, it makes reference to him having been diagnosed with chronic post-traumatic stress disorder (SCT 313182004) and bipolar disorder, in full remission, most recent episode depressed (ICD-10-CM F31.766) (Primary). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and medical document from the VAMC medical record. 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 14-12b 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, and 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 that the narrative reason for discharge be left blank. 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 was separated under the provisions of Chapter 14, paragraph 14-12b, AR 635- 200 with a general, under honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct," and the separation code is "JKA." 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 seeks relief contending, in effect, that the issues that resulted in his discharge did not begin until he served overseas in a combat zone in Iraq. He contends that the continued after he left Iraq and result in his discharge. These conditions were caused by his mental state which was later diagnosed as PTSD by the US Department of Veterans Affairs. He now requests that his discharge be upgraded in accordance with Memorandum for Secretaries of the Military Departments, dated 3 September 2014. The applicant's contentions were noted; evidence in the record (Chronological Record of Medical Care, dated 25 November 2009), shows that a mental status examination, clinical interview and review of available records were conducted. It was noted that the applicant had deployed once and was negative for symptoms of PTSD or mTBI. Based on the screening, there were no overt psychiatric disorders noted. The applicant reported past psychiatric diagnosis that were not in noted chart. The applicant appeared to be mentally responsible, able to distinguish right from wrong and adhere to the right. The applicant was psychologically cleared for any administrate actions deemed appropriated by his command. The independent medical document submitted by the applicant was also noted; however, the fact the Veterans Administration is providing the applicant with medical treatment for medical conditions the applicant suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. 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 25 July 2018, and by a 3-2 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 Authenticating Official: SECRETARIAL REVIEWING AUTHORITY: While the Board found your separation was both proper and equitable; as the Secretarial Reviewing Authority, the Deputy Assistant Secretary of the Army (Review Boards) reviewed the findings, conclusions, and the board's recommendation under the authority of Title 10 United States Code Section 1553(b) and Department of Defense Instruction 1332.28 (Discharge Review Board (DRB) Procedures and Standards), enclosure E3.7.1.1.1. The Deputy Assistant Secretary of the Army (Review Boards) found sufficient evidence to upgrade the characterization of service to Honorable. Therefore, your DD Form 214 (Certificate of Release or Discharge from Active Duty) will be corrected by issuing you a new DD Form 214 changing the characterization of service to Honorable. 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 AR20170004182 1