1. Applicant's Name: a. Application Date: 10 April 2017 b. Date Received: 18 July 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions) or uncharacterized. The applicant seeks relief contending, in effect, his discharge was inequitable because it was based on an isolated incident in his 72 months of service with no other adverse action. He was discharged without regard for his behavioral health conditions, even after he was said to be suffering from chronic PTSD and he was self-medicating. From 1 February 2013 to 30 October 2013, he was mentally unsound and did not realize the consequences at the time. He was harassed and punished without corrective actions or proper rehabilitation by his squad leader. His medical condition was not considered as the direct or substantial contributing cause for his misconduct that led to his discharge. His discharge should have been suspended as he was determined to be unfit for continued service and he should have been medically discharged. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant had a partially mitigating medical or behavioral health condition for the offenses which led to his separation from the Army. A review of electronic military medical records indicated diagnoses of ADHD, Adjustment Disorder, Anxiety, ADHD, Cannabis Abuse, Chronic PTSD, Major Depression, Insomnia, and Marital Problem. SM had extensive behavioral health treatment to include therapy, medication management, inpatient treatment, and being in the Warrior Transition Brigade. He was first seen by behavioral health in April 2009 regarding PTSD and depressive symptoms. He was seen regularly in 2009 due to continued problems with mood and irritability. Treatment focused on combat experiences to include the death of his best friend and his Captain losing his eye. Several counselings, Article 15s, and losing rank for lateness and was ordered to attend anger management for sounding off to a superior. SM stopped therapy and medications in 2010 and was psychiatrically cleared after requesting a waiver to attend airborne school; however, his unit ultimately did not send him. Started going through a divorce in early 2010 and was also anxious around this time due to brother being deployed. SM reported significant guilt due to encouraging brother to enlist. Upon divorce being complete November 2010 he remarried that same month. SM was prescribed multiple medications, some of which he reported made him suicidal or were to sedating. November 2011 SM reported explosive anger and concern that he would hurt his newborn child due to getting upset when she cried. He reported feeling like throwing her across the room when she screamed. He was hospitalized in March, August, September, and November 2013 for 4 suicide attempts. In 2013, when problems presented SM was experiencing PTSD symptoms in addition to going through a divorce. He reported feeling threatened by military leadership in the WTB and was recommended for an MEB due to orthopedic concerns. The Medical Evaluation Board Proceedings, dated 1 July 2013, showed a diagnosis of PTSD as incurred on active duty. The Report of Mental Status Evaluation, dated 10 October 2013, showed a diagnosis of marijuana and prescription pills (Xanax) along with a diagnosis of PTSD which did not to meet Army retention standards. It was noted that SM appeared to be self-medicating with illegal and street bought legal drugs; that he tried ASAP twice with no success; and that he had been hospitalized for suicidal ideations. In summary, SMs diagnosis of PTSD and other behavioral health conditions can be associated with alcohol and substance abuse; however, his misconduct is only partially mitigating given the amount of rehabilitative and behavioral health services received and continued difficulty with drugs and disregard for rules. In a records review conducted at Arlington, VA on 28 March 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service and the circumstances surrounding the discharge (i.e. severe family matters and in-service diagnosis of PTSD), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 24 December 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 November 2013 (2) Basis for Separation: The applicant was informed of the following reasons: On divers occasions between 17 December 2012 and 6 August 2013, the applicant failed to report to his appointed place of duty at the prescribed time. On 10 March 2013, he was arrested by a Missouri police for possession of synthetic marijuana and drug paraphernalia. On 29 August 2013, he received a FG Article 15 for failing to obey a lawful general order on two separate occasions by possessing alcohol in his barracks and for smoking in his barracks. On 23 September 2013, he was found to be in possession of marijuana after a barracks inspection was conducted. On 11 October 2013, he was found in possession of marijuana and drug paraphernalia after a barracks room inspection. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 20 November 2013 and 10 December 2013 (5) Administrative Separation Board: Waived, 10 December 2013 (6) Separation Decision Date / Characterization: 12 December 2013 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 August 2008 / 6 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91B10, Wheeled Vehicle Mechanic / 6 years, 11 months d. Prior Service / Characterizations: RA (25 January 2007 to 5 August 2008) / HD e. Overseas Service / Combat Service: Korea, SWA / Iraq (6 September 2007 to 22 October 2008) f. Awards and Decorations: ARCOM; AAM-2; AGCM-2; NDSM; ICM-CS; GWOTSM; KDSM; NCOPDR; ASR; OSR-2 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Civilian Crime Incident Report, dated 10 March 2013, indicates the applicant was the subject of an investigation for possessing synthetic marijuana and drug paraphernalia, and disorderly conduct. FG Article 15, dated 16 October 2013, for failing to obey a lawful order on two separate occasions on 29 July 2013, and 20 July 2013. The punishment consisted of a reduction E-1, forfeiture of $758 pay per month for two months (suspended), and 45 days of extra duty and restriction. Negative counseling statements for being recommended for an involuntary separation; failing to be at his appointed place of duty at the prescribed time on numerous occasions; missing a mandatory ASAP appointment; being arrested for disorderly conduct; having a positive urinalysis; violating the barrack no alcohol policy; smoking in barracks; and having a verbal altercation with his spouse. Three CID Reports, dated 6 November 2013, 21 October 2013, and 20 September 2013, indicate the applicant was the subject of an investigation for failing to obey a general order, wrongful possession of marijuana, and failing to obey a general order, respectively. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Health records, dated 17 June 2012, shows behavioral health diagnoses, including chronic PTSD. Medical Evaluation Board Proceedings, dated 1 July 2013, shows a diagnosis of PTSD as incurred on active duty. Report of Mental Status Evaluation, dated 10 October 2013, shows an "AXIS I" psychiatric conditions diagnoses of "marijuana and prescription pills (Xanax)." The report provided that he had been diagnosed with PTSD and was determined not to meet Army retention criteria; that he appeared to be self-medicating with illegal and street bought legal drugs; that he tried ASAP twice with no success; and that he had been hospitalized for suicidal ideations in March 2013, August 2013, and September 2013. Report of Medical History, dated 10 October 2013, indicates the applicant noted behavioral health issues. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 10 April 2017; medical record showing list of health issues; supporting statement, dated 10 April 2017; applicant-authored statement; character reference statement; VA/DOD Joint Disability Evaluation Board Claim, dated 23 May 2013; Pre-Discharge Notice Response; certificate of achievement; ARCOM certificate with recommendation; AAM certificate with recommendations; Service School Academic Evaluation Report with Warrior Leader Course certificate; National Defense Medal certificate with cover letter; mechanic badge orders; promotion to PFC with waiver Personnel Action; ERB; AGCM-2 orders; shoulder sleeve insignia (SSI) certificate; honorable discharge certificate; MEB Proceedings report; report of mental status evaluation; MEB physician statement; email correspondence, dated 30 April 2013; memorandum for VA, dated 1 August 2013; memorandum, dated 3 September 2014, with attachment; unit commander's report; and DD Form 214. Additional Evidence: Nine separate packets of medical records (31 December 2010-14 May 2010; 14 May 2010-29 July 2013; 20 December 2006-15 February 2013; 15 February 2013-6 November 2012; 1 November 2012- 12 June 2012; 12 June 2012-31 December 2010; 14 November 2013-5 December 2013; 5 December 2013-11 September 2013; and 11 September 2013-17 July 2012.) 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): 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. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" 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 under other than honorable conditions discharge to general (under honorable conditions) or uncharacterized. 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 incident of misconduct, the applicant knowingly risked a military career and diminished the quality of his service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence 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 the incident that caused his discharge was the only one in his entire 72 months of service. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant's contentions, regarding his behavioral health issues which included his diagnosis of PTSD and being determined he was unfit for continued service, he should have been medically discharged, 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. The separation authority considered the medical evidence, and determined that was not the case. However, 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. Further, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. The applicant contends that he was harassed and punished by a member of his chain of command; however, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant requested to change the characterization of service to uncharacterized; however, uncharacterized discharge are reserved for those Soldiers whose separation would be described as being in an entry-level status (ELS) at the time separation action is initiated. An entry-level status is a description of Soldiers who have less than 180 days of continuous active duty service. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier's military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. 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 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 28 March 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service and the circumstances surrounding the discharge (i.e. severe family matters and in-service diagnosis of PTSD), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. 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: General, Under Honorable Conditions 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 AR20170011852 4