1. Applicant's Name: a. Application Date: 6 October 2017 b. Date Received: 10 October 2017 c. Counsel: None 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 applicant seeks relief contending, in pertinent part and in effect, served honorably for five and one-half years of service with two combat tours (Iraq and Afghanistan) as an infantry Sergeant and a passion of being a combat Soldier, and an AGCM. Injuries from an IED created the applicant to not be oneself and not who oneself is now. Upon returning from Afghanistan after receiving a Purple Heart, the applicant was diagnosed with TBI and severe PTSD. Thereafter, transitioning from combat to garrison life was difficult. Upon returning from Germany to be treated for a severe brain injury, PTSD, and many other physical and psychological issues for which the applicant received a Purple Heart, the applicant had sadly changed completely. It was very difficult adjusting back. The only way the applicant knew how to handle the loss of so many brothers and all that was experienced, with severe brain Injury and PTSD, was through heavy medication. Without being given the proper tools to cope with, but being given an extreme amount of Xanax and other medication, the applicant began self- medicating to numb the pain. The applicant returned as an entirely different person, which the applicant has to live every day with memories of "who was that guy." The applicant is embarrassed and ashamed of the behavior. The applicant was discharged due to embarrassing behavior, with a long road of recovery. After several years of treatment and help, and with determination, the applicant found oneself. The applicant is now a better person than ever before. The applicant is eager and determined to find the best career upon college graduation. The applicant is proud of the accomplishments as a Sergeant, accomplishments in Iraq and Afghanistan, and being a good Soldier and brother in the Military. Being in the military was the best choice in life and shares the positive messages of what was learned from the experience. The applicant struggles with PTSD, but has it under control with the support and love from the wife. Through proper medication and working hard with a therapist, the applicant has been sober and clean. The applicant is a full time student and will be graduating with a Bachelor's in Organizational Leadership and Criminal Justice in one year. The professor has expressed what a "special" person and gift the applicant has with a nice career ahead. The applicant's goals are to work with DOD or Federal. An upgrade and changes to the DD Form 214 would help with educational and employment purposes. 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 PTSD, Anxiety Disorder NOS, TBI, Alcohol Dependence, Major Depressive Disorder, and Nightmare Disorder. The applicant is 100% service-connected; 70% for Anxiety Disorder. The VA has also diagnosed the applicant with PTSD (related to combat in Iraq and Afghanistan), TBI, Alcohol Dependence, Hallucinogen Abuse, Cocaine Dependence (in remission), and Cannabis Dependence. In summary, the applicant has 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 April 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. in-service and post- service diagnoses of PTSD, TBI, and OBH), post-service accomplishments, a prior period of honorable service, and being combat wounded. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (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: 23 January 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 October 2011 (2) Basis for Separation: The applicant was informed of the following reasons: On 10 January 2011, the applicant was disrespectful in language towards an NCO on three separate occasions, and he disobeyed an NCO. On 11 January 2011, he was drunk and disorderly. He also disobeyed an administrative order from his company commander by traveling outside the limits of Fort Campbell, Kentucky, and consumed an alcoholic beverage. He used cocaine between 13 March 2011 and 16 March 2011. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 12 October 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 17 October 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 March 2008 / 6 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B20, Infantryman / 5 years, 5 months, 9days d. Prior Service / Characterizations: RA (15 August 2006 to 13 March 2008) / HD e. Overseas Service / Combat Service: SWA / Iraq (15 September 2007 to 8 November 2008), Afghanistan (11 February 2010 to 6 October 2010) f. Awards and Decorations: PH; ARCOM-2; AGCM; NDSM; ACM-CS; ICM-CS; GWOTSM; NCOPDR; ASR; OSR-2; NATO MDL; CIB; MUC g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15 and its allied documents, dated 27 April 2011, for being disrespectful in language towards an NCO on three separate occasions on 10 January 2011, disobeying an NCO on 10 January 2011, disobeying a lawful order by CPT G.G. on two separate occasions on 26 February 2011, wrongfully using cocaine on two separate occasions, between 23 February 2011 and 26 February 2011, and between 13 March 2011 and 16 March 2011, and being drunk and disorderly on 11 January 2011. The punishment consisted of a reduction to E-4, forfeiture of $1,115 pay per month for two months (suspended), 45 days of extra duty, one-day restriction, and an oral reprimand. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Applicant's documentary evidence: Health Records, dated 11 April 2011, 5 May 2011 indicates behavioral health issues diagnoses, such as Chronic post-traumatic stress disorder, Major depression, Nightmare disorder, Anxiety disorder NOS, History of traumatic brain injury, Post-traumatic stress disorder, and Adjustment disorder with depressed mood. Page 3 of VA Rating Decision, indicates the applicant was assigned 70 percent for Post- traumatic stress disorder with traumatic brain injury (now claimed as depression). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 6 October 2017, with self-authored statement; photocopy of pictures depicting applicant and his family; DD Form 214; Health Records, dated 11 April 2011 and 5 May 2011; applicant- authored statement; AGCM Permanent Orders; Purple Heart certificate; two ARCOM certificates; VA Rating Decision (page 3); university letter, dated 4 October 2017; and two character reference/supporting statements. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, he is a full time student, and he would be graduating with his bachelor's in Organizational Leadership and Criminal Justice. 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 involving his PTSD and TBI, 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 these incidents of misconduct, and his post-service accomplishments, the Board can find that his complete period of service and accomplishments 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 Army Discharge Review Board is authorized to consider post-service factors in the re- characterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The applicant contends that an upgrade of his discharge will allow him to obtain better employment with either Department of Defense or a Federal agency. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant contends an upgrade would allow him to use his Post 9/11 GI Bill. 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 third party statements provided with the application speak highly of the applicant's character. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. 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 April 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of PTSD, TBI, and OBH), post-service accomplishments, a prior period of honorable service, and being combat wounded. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, paragraph 14-12a e. Change SPD / RE Code to: JKN / 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 AR20170019276 1