1. Applicant's Name: a. Application Date: 20 May 2017 b. Date Received: 27 July 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and to change the narrative reason for discharge. The counsel, on behalf of the applicant, seeks relief contending, in pertinent part and in effect, the applicant requests liberal consideration as the applicant suffered from PTSD and depression immediately following return from combat tours in Iraq in 2005 and Afghanistan in 2007. However, the clear symptoms of PTSD were either missed or ignored in 2010. The applicant's bizarre actions in 2010 were desperate cries for help, but were ignored. Despite dedicated service and back-to-back combat tours, the command discharged the applicant. The current discharge stands in the way of reaching full potential and granting relief would provide the applicant with a more successful life. 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 Anxiety, Bipolar Disorder NOS, and Major Depressive Disorder. Post-service, the applicant has a 70% service-connected rating for PTSD and Depressive Disorder from the VA. In summary, although the applicant has a BH diagnosis, it is not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 3 May 2019, and by a 5-0 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: 3 December 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 October 2010 (2) Basis for Separation: The applicant was informed of the following reasons: Between 15 July 2010 and 15 August 2010, the applicant wrongfully communicated to Dr. G.R. threats to cause bodily harm to the said Dr. R. He received an Article 15 for this misconduct on 24 September 2010. Between 1 August 2010 and 30 August 2010, he wrongfully communicated to Ms. X., threats to cause bodily harm to the said Ms. X. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 28 October 2010, requested conditional waiver (5) Administrative Separation Board: Conditionally waived, contingent upon receiving no less than a general (under honorable conditions) discharge. (6) Separation Decision Date / Characterization: 18 November 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 June 2010 / 3 years, 25 weeks b. Age at Enlistment / Education / GT Score: 34 / Bachelor of Science Degree / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 21B10, Combat Engineer / 14 years, 2 months, 24 days d. Prior Service / Characterizations: USN (30 October 1995 to 11 August 1999) / HD USNR (12 August 1999 to 29 October 2003) / NA Unknown Status (30 October 2003 to 30 March 2004) / NA (Enlistment) ARNG (31 March 2004 to 15 August 2004) / NA (DD Form 214) OIF MOB (16 August 2004 to 24 April 2005) / HD (DD Form 214) ARNG (25 April 2005 to 30 September 2005) /HD ARNG (1 October 2005 to 21 November 2005) / NA (NGB Form 22E) ARNG (22 November 2005 to 16 February 2006) / NA (DD Form 214) OEF MOB (17 February 2006 to 12 March 2007) / HD (Continued NGB Form 22E) ARNG (13 March 2007 to 30 March 2008) / HD Unknown Status (31 March 2008 to 28 May 2008) / NA (29 May 2008 DA Form 4187 / Enlistment) ARNG (29 May 2008 to 8 June 2010) / HD e. Overseas Service / Combat Service: SWA / Iraq (15 October 2003 to 31 March 2005), Afghanistan (19 April 2006 to 18 February 2007) f. Awards and Decorations: NCGM; NDSM-BS; NDSM; ACM-2CS; GWOTEM; GWOTSM; ASR; OSR; AFRM-M DEV; NSSDR; NATO MDL; NMUC g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 30 August 2010, indicates the applicant was the subject of an investigation for communicating a threat by mail. CG Article 15, dated 24 September 2010, for communicating a threat to Dr. G.A.R. by mail between 31 July 2010 and 3 August 2010. The punishment consisted for reduction to E-3, forfeiture of $448, 14 days of extra duty and restriction, and an oral reprimand. Counseling statement for being recommended for an involuntary separation. i. Lost Time / Mode of Return: 24 days (Civil Confinement on 10 November 2010 through 3 December 2010) / The applicant was separated from military service on 3 December 2010. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 19 October 2010, indicates the applicant and examiner noted behavioral health issues. Report of Mental Status Evaluation, dated 19 October 2010, indicates an "Axis I" diagnosis of "Major Depression, recurrent." The report further indicated the applicant was cleared for any administrative action deemed appropriate by his command. Two memoranda, dated 4 November 2010 and 20 August 2010, rendered by Medical Doctor for an Inpatient Psychiatry, indicate the applicant was hospitalized for diagnosis of "Axis I: Major depression, recurrent," and the latter certifies an evaluation and diagnosis, respectively. Applicant's documentary evidence: Memorandum, dated 4 November 2010, rendered by an Inpatient Psychiatry medical doctor, indicates an "Axis I" diagnosis of "Major depression, recurrent." Progress Notes (page 12), dated 19 June 2012, at pages 30, 36, and 55 (26 April 2012) of his application, indicate an "Axis I" diagnoses of "PTSD" and "Major Depression, Recurrent," and "Depression" and "PTSD" as active problems at pages 43, 50, and 73. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 20 May 2015; counsel-authored brief; DD Form 214; two DD Forms 214, dated 11 August 1999 and 24 April 2005; two MOB Orders, dated 4 August 2004 and 17 January 2004; Release from Active Duty Orders, dated 22 February 2007; Memorandum, dated 4 November 2010; VA letter, dated 20 June 2017; Lab Results; Discharge Summaries, dated 13 January 2017; Progress Notes, dated 13 January 2017, and in 2012; and news article, dated 28 December 2006. 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 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 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 from suffering from depression and 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. 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 accomplishments and complete period of service 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 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 3 May 2019, and by a 5-0 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 AR20170016016 3