1. Applicant's Name: a. Application Date: 14 February 2017 b. Date Received: 28 March 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, leadership was aware the applicant was suffering from PTSD as a result of combat exposure in Iraq and instead of helping, they processed him out of the Army. The applicant received many awards while in combat to include a Combat Medic Badge. The applicant requests an upgrade to receive benefits including the Post 9/11 GI Bill. 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 had medical or behavioral health condition that was mitigating for the offenses which led to separation from the Army. A review of electronic military medical records indicated diagnoses of an Adjustment Disorder, Alcohol Abuse, Anxiety, ADHD, Chronic PTSD, Cocaine Abuse, a Cognitive Disorder, and Opioid Abuse. In August 2008 SM was first diagnosed with PTSD and began receiving regular treatment for PTSD, Substance Abuse, and Chronic Pain. Medical Evaluation Board Proceeding, dated 4 June 2009, relates that the applicant was diagnosed with PTSD and was referred to a Physical Evaluation Board. Post- service, the SM has a 100% service connected disability rating from the VA for PTSD. In summary, both PTSD and Chronic Pain can be associated with alcohol and substance abuse and therefore is a nexus between SMs misconduct and behavioral health conditions. In a records review conducted at Arlington, VA on 20 July 2018, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of PTSD and OBH) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635- 200, paragraph 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, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 20 November 2009 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The record of evidence does not contain the notification memorandum. However, the recommendation memorandum shows that applicant was informed of the following reasons for his discharge; wrongful possession of Oxycontin (3 April 2009); and on 18 May 2009, he received a FG Article 15 for wrongfully drinking alcohol, failing to obey a lawful order by a NCO and failure to obey an order which it was his duty to obey. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: The applicant's election of rights are not contained in the available record and government regularity is presumed in the discharge process. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 August 2007 / 365 days / OAD / 9 August 2008, retained for 53 days / 1 October 2008, retained for 153 days b. Age at Enlistment / Education / GT Score: 20 years / 1 year of college / 112 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68W10, Health Care Specialist / 5 years, 9 months, 2 days d. Prior Service / Characterizations: ARNG, 19 February 2004 to 17 May 2004 / NA IADT, 18 May 2004 to 30 July 2004 / NA ARNG, 31 July 2004 to 31 January 2005 / NA ADT, 1 February 2005 to 7 June 2005 / UNC ARNG, 8 June 2005 to 18 April 2006 / NA AD, 19 April 2006 to 12 May 2007 / HD ARNG, 13 May 2007 to 8 August 2007 / NA (Concurrent Service) e. Overseas Service / Combat Service: SWA / Kuwait / Iraq, 19 July 2006 to 20 April 2007 f. Awards and Decorations: AAM, NDSM, ICM-CS, GWOTEM, GWOTSM, AFRM-M DEV, ASR, OSR, CMB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: An administrative General Officer Memorandum of Reprimand (GOMOR), dated 20 April 2009, for being apprehended for driving a motor vehicle while intoxicated on Ft. Knox. Military Police Report, dated 21 April 2009, relates the applicant was under investigation for driving under the influence, traffic accident resulting in damage to government property (POV to GOV), with injuries, on post. The applicant received a negative counseling statement, dated 4 May 2009, for violating his no drinking profile. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Chronological Record of Medical Care, dated 26 May 2009, shows that the applicant was diagnosed with PTSD, psychoactive substance dependence, alcohol induced mood disorder and ADHD, predominantly inattentive type, cluster B and C personality disorder traits Medical Evaluation Board Proceeding, dated 4 June 2009, relates that the applicant was diagnosed with PTSD and was referred to a Physical Evaluation Board. Physical Profile, permanent, dated 8 June 2009, for PTSD, alcohol induced mood / anxiety disorder, polysubstance dependence (episodic) and attention deficit hyperactivity disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); DD Form 149 (two pages); two memoranda regarding applicant's duty performance (four pages); notice of Physical Disability Processing; two Reports of Medical Examination six pages); two Reports of Medical History (eight pages); Medical Evaluation Board Proceedings (two pages); chronological record of medical care (19 pages); medication profile (three pages); Physical Profile; Physical Disability Evaluation System (PDES), Commander's Performance and Functional Statement (five pages); and several memoranda, applicant's most recent duty performance (ten pages). 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 the characterization of service from general (under honorable conditions) to honorable. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms 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 misconduct (serious offense), the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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 seeks relief contending, his leadership was aware he was suffering from PTSD as a result of combat exposure in Iraq and instead of helping him they processed him out of the Army. The record of evidence shows that the applicant was issued a permanent profile for PTSD, alcohol induced mood / anxiety disorder, polysubstance dependence (episodic) and attention deficit hyperactivity disorder. 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 applicant further contends, he received many awards while in combat to include a Combat Medic Badge. 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 requests an upgrade to receive benefits including his Post 9/11 GI Bill. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 20 July 2018, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of PTSD and OBH) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 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, paragraph 14-12a e. Change SPD / RE Code to: JKN / 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 AR20170006636 1