1. Applicant's Name: a. Application Date: 31 July 2017 b. Date Received: 3 August 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, he had major issues readjusting after returning from Iraq. He was diagnosed with PTSD and has since received treatments that would continue. Since his discharge, he has been a law-abiding citizen. He honorably served, including a combat tour. 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 did not have a mitigating medical or behavioral health condition for the offenses which led to his separation from the Army. In a records review conducted at Arlington, VA on 25 April 2018, 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: 24 April 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 March 2012 (2) Basis for Separation: On 11 November 2011, the applicant was convicted of domestic violence assault fourth degree. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 21 March 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 29 March 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 February 2008 / 6 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 90 c. Highest Grade Achieved / MOS / Total Service: E-4 / 12B10, Combat Engineer / 5 years, 7 months, 5 days d. Prior Service / Characterizations: RA (14 September 2006 to 28 February 2008) / HD e. Overseas Service / Combat Service: Korea, SWA / Iraq (10 September 2009 to 2 September 2010) f. Awards and Decorations: ARCOM-2; AGCM; NDSM; ICM-2CS; GWOTSM; KDSM; NCOPDR; AS; OSR-3 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Civilian court documents consisting of statement of the applicant, as defendant or stipulation of facts, dated 28 November 2011; domestic violence no-contact order; civilian police arrest reports; plaintiff's amendment to criminal citations; Lautenberg Amendment information sheet; domestic violence supplemental report; judgment and sentence for assault 4th degree, and interfering with reporting, and malicious mischief 3rd degree; notice of ineligible to possess firearm; DA Form 4187, Personnel Action, dated 10 August 2011, indicates the applicant's duty status changed from PDY to CCA (Confinement by Civil Authorities), effective 9 August 2011. DA Form 4187, Personnel Action, dated 13 August 2011, indicates the applicant's duty status changed from CCA to PDY, effective 10 August 2011. DA Form 4187, Personnel Action, dated 28 November 2011, indicates the applicant's duty status changed from PDY to CCA, effective 23 November 2011. DA Form 4187, Personnel Action, dated 28 November 2011, indicates the applicant's duty status changed from CCA to PDY, effective 29 November 2011. Negative counseling statements for not having an active license; having a suspended license; running a stop sign and almost hitting a pedestrian; driving privileges being revoked; plagiarizing a 5000-word essay; committing a traffic violation; being arrested a second time for domestic violence; pleading guilty to domestic violence assault; receiving a sentence of 12- month probation, no-contact order, and being ineligible to possess a firearm; failing two M4 qualification ranges; being arrested for simple assault, damage to property, and domestic violence; Report of Mental Status Evaluation, dated 16 January 2012, with no significant notes. i. Lost Time / Mode of Return: 5 days (Civil Confinement on 9 August 2011, and 23 November 2011 to 27 November 2011) / applicant released from civil confinement j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 16 November 2011, indicates the applicant and examiner noted behavioral health issues. Applicant's documentary evidence: Medical Progress Notes, dated 11 July 2014, 8 April 2013, and 10 and 17 March 2014, note PTSD diagnosis. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 31 July 2017; VA medical records, dated 11 July 2014, 4 and 8 April 2013, 14 February 2013, and 10 and 17 March 2014; DD Form 214; separation file; 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, since his discharge, he has been a law-abiding citizen. 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 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 included 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 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 25 April 2018, 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 AR20170016240 4