1. Applicant's Name: a. Application Date: 3 May 2017 b. Date Received: 24 July 2017 c. Previous Records Review: 4 August 2010, AR20090017641 (Reconsideration based on PTSD claim) d. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, in addition to an upgrade, also requests to award the Purple Heart the applicant should have received for an injury by IED in Iraq, and to restore the rank of SGT/E-5 due to being diagnosed with PTSD. The medical condition of PTSD was the direct result of circumstances surrounding the reduction. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Post-Concussive Syndrome, Anxiety Disorder NOS, and Adjustment Disorder with Anxiety. The applicant is 50% service-connected for PTSD and 10% service-connected for TBI from the VA. The VA has also diagnosed the applicant with mTBI, PTSD, Alcohol Dependence, Major Depressive Disorder, and Alcohol Abuse. In summary, the applicant's BH diagnosis is partially mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 24 June 2019, 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 11 August 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 July 2008 (2) Basis for Separation: The applicant continued to show minimal regard for military laws and regulations. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 18 July 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 25 July 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 April 2007 / 4 years b. Age at Enlistment / Education / GT Score: 27 / HS Graduate / 84 c. Highest Grade Achieved / MOS / Total Service: E-5 / 88M20, Motor Transport Operator / 4 years, 9 months, 27 days d. Prior Service / Characterizations: RA (8 October 2003 to 11 April 2007) / HD e. Overseas Service / Combat Service: SWA / Iraq (11 July 2003 to 23 October 2007) f. Awards and Decorations: ARCOM; AAM; AGCM; NDSM; ICM-CS; GWOTSM; HSM; CAB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for failing to be at his appointed place of duty at the prescribed time and failing to keep his chain of command informed. FG Article 15, dated 17 September 2007, for failing to be at his appointed place of duty at the prescribed time on 12 August 2007 for guard shift, 7 August 2007 for ATHP guard duty, 28 July 2007 for wrongfully disobey and order and failing to perform his duties of ensuring his Soldiers were properly licensed on 25 June 2007. The punishment consisted of a reduction to E-4, forfeiture of $992 pay per month for two months (suspended), 45 days of extra duty, and an oral reprimand. FG Article 15, dated 17 June 2008, for failing to be at his appointed place of duty at the prescribed time on 7 April 2008, absent himself from 30 April 2008 to 7 May 2008, violate a lawful general regulation on 7 April 2008, derelict in his duties on 2 April and 27 April 2008, and failed to maintain sufficient funds in his bank for payment of check. The punishment consisted of a reduction to E-3, forfeiture of $894 pay per month for two months (suspended), 45 days of extra duty and restriction. i. Lost Time / Mode of Return: 7 days (AWOL on 30 April 2008, until 6 May 2008) / The applicant returned to his unit. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 13 May 2008, indicates the applicant and examiner noted behavioral health issues due to deployment and treatment. Health Records, dated 28 March and 15 April 2008, list, in pertinent part, Post-concussion Syndrome, Anxiety Disorder NOS, and Adjustment Disorder with Anxiety, and that he was referred to Neuropsychology Service for an evaluation pursuant to TBI. Report of Behavioral Health Evaluation, dated 12 May 2008, shows findings of "AXIS I" diagnosis of an "Adjustment Disorder with Anxiety," and he was psychiatrically cleared for any administrative action deemed appropriate by his command. The applicant's documentary evidence consisting of progress notes indicate he is being treated for PTSD at the Dallas VA, and an "AXIS I" diagnoses reflect "Posttraumatic Stress Disorder, Chronic, Major Depressive Disorder, Recurrent, Moderate, and Alcohol Abuse." 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 3 May 2017; separation file; DD Form 214 and discharge orders; and pre-separation counseling checklist. Additional evidence: Medical record consisting of progress notes. 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 14-12c 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 general (under honorable conditions) discharge to honorable. 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 serious incidents of misconduct, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the Army. 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's contentions regarding his behavioral health issues which involved 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. 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. The applicant's request for award of the Purple Heart due to his injury by an IED in Iraq does not fall within the purview of this Board. However, according to AR 15-185, under which the Army Board for Correction of Military Records (ABCMR) operates, it stipulates that ABCMR will not consider an application for the request for award of the Purple Heart until the applicant has exhausted all available administrative remedies to correct the alleged error or injustice; therefore, he should submit a request to the U.S. Army Human Resources Command (AHRC) for their action, at the following address: U.S. Army Human Resources Command, ATTN: AHRC-PDR-V, 1600 Spearhead Division Avenue, Fort Knox, KY 40122-5402. Insofar as the applicant's request that his rank be restored. The Army Discharge Review Board is not empowered to restore former Service member's grade, rate or rank. The Board may only change the characterization or reason for discharge. If an applicant believes there is an error or injustice in his discharge, he may make an application to the Army Board for Correction of Military Records, using DD Form 149, which can be obtained online or from a Veterans Service Organization. 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 24 June 2019, 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: 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 AR20170013910 3