1. Applicant's Name: a. Application Date: 24 October 2017 b. Date Received: 30 October 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to upgrade an under other than honorable conditions discharge to general (under honorable conditions) and to change the narrative reason for discharge. The applicant seeks relief contending, in pertinent part and in effect, honorably served two full terms of enlistment from August 2003 to June 2008, and two combat tours to Iraq as a combat medic. The applicant proudly and honorably wore the uniform and saved and trained others to save lives. Due to current discharge resulting from the third term of service, the applicant is not eligible to received medical treatment by VA for medical conditions. An upgrade would provide the help the applicant needs from VA. 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 Acute Stress Reaction, Adjustment Disorder with anxiety and depressed mood, Alcohol Abuse, Chronic PTSD, Major Depressive Disorder and Marital Problem. VA records indicate the applicant is not eligible for VA services. In summary, the applicant had a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 17 May 2019, and by a 3-2 vote, the Board determined that the characterization of service was inequitable 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. in-service diagnosis of PTSD and OBH). 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: 10 March 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: By an undated memorandum (2) Basis for Separation: The applicant was informed of the following reasons: He was absent without leave between 23 December 2008 and 30 November 2010, for which he received an Article 15. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 12 January 2011 (5) Administrative Separation Board: Unconditionally waived (6) Separation Decision Date / Characterization: 4 February 2011 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 October 2008 / 3 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-5 / 68W10, Health Care Specialist / 7 years, 7 months, 7 days d. Prior Service / Characterizations: RA (4 August 2003 to 24 August 2005) / HD RA (25 August 2005 to 30 September 2008) / HD e. Overseas Service / Combat Service: SWA / Iraq (22 January 2005 to 10 January 2006), (1 May 2007 to 1 August 2008) f. Awards and Decorations: ARCOM-2; AAM-2; AGCM; NDSM; ICM-2CS; GWOTSM; NCOPDR; ASR; OSR-2; MUC; CMB g. Performance Ratings: 1 December 2006 thru 30 November 2007, Fully Capable 1 December 2007 thru 20 November 2008, RFC, Marginal h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 18 June 2008, for treating with contempt an NCO, who was in the execution of his office on 5 June 2008, being disrespectful in language towards an NCO on 5 June 2008, and violating a lawful general regulation on 5 June 2008. The punishment consisted of forfeiture of $524 (suspended), and 14 days of extra duty and restriction. FG Article 15, dated 20 November 2008, for failing to go to his appointed place of duty at the prescribed time on 24 October 2008 (continuation sheet NIF). The punishment consisted of a reduction to E-4, forfeiture of $1,023 pay per month for two months (suspended), and 45 days of extra duty and restriction. Negative counseling statements for disobeying a superior commissioned officer and failing to obey an order or regulation. FG Article 15, dated 8 December 2010, for being AWOL on 23 December 2008, and remained absent until 30 November 2010 (Note: a total of 708 days). The punishment consisted of a reduction to E-1, forfeiture of $669 pay per month for two months, and 45 days of extra duty and restriction. i. Lost Time / Mode of Return: None recorded on DD Form 214 / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 7 December 2010, indicates the examiner noted behavioral health issues, such as previous history of "Depression/PTSD," and treatment. Report of Mental Status Evaluation, dated 22 December 2010, indicates an "Axis I" diagnosis of an "Adjustment Disorder with Anxiety and Depressed Mood, PTSD by history per theater clinic in 2008." 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 24 October 2017; DD Form 214; and VA letter, dated 18 April 2017. 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 under other than honorable conditions discharge to general (under honorable conditions) or 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. 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 applicant's contentions regarding his medical conditions, were carefully considered. A careful review of the available record indicates the applicant's behavioral health issues along with notable service-connected post-traumatic stress disorder symptoms existed. 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 contends that an upgrade of his discharge would allow him to receive VA medical care. However, eligibility for veterans' 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 applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives and as approved by the separation authority. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 14, paragraph 14-12c is "Misconduct (Serious Offense)," and the separation code is JKQ. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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 17 May 2019, and by a 3-2 vote, the Board determined that the characterization of service was inequitable 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. in-service diagnosis of PTSD and OBH). 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 / 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 AR20170017488 1