1. Applicant's Name: a. Application Date: 21 November 2017 b. Date Received: 27 November 2017 c. Counsel: None d. Prior Records Review: AR20110002843 on 14 September 2011 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: 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 seeks relief contending, in pertinent part and in effect, based on the recent guidelines of the Secretary of Defense, he is requesting liberal consideration in granting him an upgrade due to his negative in-service behaviors caused by his deployment to Iraq and the resulting diagnosed medical condition of PTSD. His medical records reflect the onset of symptoms of PTSD during his deployment to Iraq as evidenced by the reports of anxiety/panic attacks, sleeping difficulty, depression, and excessive worry for which he received counseling in-service. His medical examination prior to being discharged also referenced a diagnosis of PTSD in Iraq, and its symptom contributed to his behavioral issues. Per the Board's Medical Officer, based on the information available for review at the time, case files, AHLTA and JLV were reviewed. AHLTA notes indicate applicant was diagnosed with Acute Stress Disorder, Adjustment Disorder, Panic Disorder, Antisocial Personality Disorder, Depression with anxiety and PTSD (combat related). AHLTA notes indicate he was medically evacuated from theater when he presented with homicidal ideation (was threatening to shoot soldiers in DFAC if they frustrated him) for the second time. At time of his med evac, he identified the following stressors: problems with his relationship with his girlfriend, witnessing the hanging of an insurgent while applicant was on roof of building smoking a cigarette, awareness that people who previously had his job had been shot at, being harassed racially by two Ugandan guards. In Feb 2010, he was medically evacuated to Landstuhl and then to Madigan AMC. His diagnoses was Adjustment DO with mixed disturbance of emotions and conduct. It was noted by his BH provider that the applicant had a long history of poor impulse control. While at Madigan, he was diagnosed with Acute Stress Reaction and placed on multiple meds to treat his underlying severe anxiety symptoms. He had a head CT which showed abnormality in right basal ganglia. Head MRI indicated that this finding was a normal variant. In June 2010, his Madigan BH provider diagnosed him with PTSD related to combat. The VA has rated him as 70% service connected for PTSD. Based on the available information, the applicant has a mitigating Behavioral Health disorder-PTSD. As PTSD is associated with the use of illicit substances to self-medicate symptoms, there is a nexus between his PTSD and his violation of General Order No. 1 (applicants consumed unknown substance/medication given to him by an Iraqi). AS PTSD is associated with difficulty with oppositionality and difficulty with authority figures, there is a nexus between his PTSD and the offenses of being disrespectful to an NCO and wrongfully using provoking and reproachful speech. In a records review conducted at Arlington, VA on 1 June 2018, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (i.e. in-service and post- service diagnosis of OBH and PTSD) and as a result it is inequitable. Accordingly, 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: 10 September 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 August 2010 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant violated MNC-I General Order No. 1, paragraph 3d(2), 4 April 2009. He was disrespectful toward an NCO. He wrongfully used provoking and reproachful speech. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 2 August 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: In an undated memorandum / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 August 2008 / 3 years, 17 weeks b. Age at Enlistment / Education / GT Score: 21 / GED / 110 c. Highest Grade Achieved / MOS / Total Service: E-3 / 13B10, Cannon Crewmember / 1 year, 11 months, 28 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA / Iraq (12 September 2009 to 15 February 2010) f. Awards and Decorations: NDSM; ICM-CS; GWOTSM; ASR; OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for having multiple misconduct; not being able to adapt to military life style; being recommended for an involuntary separation; violating a general order; consuming medicine without a valid prescription; failing to go to his appointed place of duty at the prescribed time; being insubordinate; being referred for combat stress for counseling; and discussing his negative comments, attitude, and actions. FG Article 15, dated 13 July 2010, for violating a general regulation on 5 February 2010, being disrespectful in language towards an NCO on 28 October 2009, failing to go to his appointed place of duty at the prescribed time on 13 November 2009, and wrongfully using provoking and reproachful words on 11 November 2009. The punishment consisted of a reduction to E-1, forfeiture of $500 pay per month for two months, 45 days of restriction (suspended), and 45 day of extra duty. i. Lost Time / Mode of Return: 25 days (from 17 August 2010 to 10 September 2010) / DD Form 214 shows a period of loss time; however, there is no further information. The applicant digitally authenticated his DD Form 214 on 10 September 2010, and a period of 25 days was deducted from his net active service. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Behavioral Health Evaluation, dated 16 January 2010, indicates an "AXIS I:" diagnosis of an "Adjustment Disorder with mixed Disturbance of Emotions and Conduct; Cannabis Abuse." He was psychiatrically cleared for any administrative action deemed appropriate by his command. Report of Medical History, dated 28 June 2010, indicates the applicant and the examiner noted behavioral health issues, and treatment for PTSD. The applicant's documentary evidence: VA letter, dated 5 May 2015, indicates he was granted a 70 percent service connected for PTSD with other substance abuse disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 21 November 2017; DD Form 214; VA Decision document, dated 5 May 2015; applicant's separation packet; discharge orders; pre-separation counseling checklist; ERB; pre-deployment health assessment; smallpox vaccination record of medical care; medical record, dated 11 January 2010; and health records, dated 12, and 14 November 2009, 7, 11, 13, 15, 18, and 26 February 2010, 10 and 16 March 2010, 23 May 2010, and 23 June 2010. 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 to upgrade 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 incidents of misconduct, the applicant compromised the special trust and confidence placed in a Soldier, and knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge. 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 and his PTSD diagnosis, 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 requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives. 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 1 June 2018, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of OBH and PTSD) and as a result it is inequitable. Accordingly, 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 AR20170019765 1