1. Applicant's Name: a. Application Date: 16 December 2017 b. Date Received: 21 December 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, that according to the Department of Veterans Affairs, THE APPLICANT has symptoms of PTSD that is directly related to time in the Army; more specifically related to a 12 month deployment in Afghanistan. The applicant contends the VA has rated the applicant at 50% disabled due to these PTSD symptoms. The discharge was directly related to substance abuse, which did not manifest until after a twelve month combat deployment. Before deployment, the applicant was an outstanding Soldier who did not get into any type of trouble. During deployment, the applicant received multiple citations for outstanding conduct. Upon returning from deployment, the applicant was given the role of a team leader and attended a Battalion team leader course. After deployment, on a few different occasions, had issues which resulted in UCMJ actions. All the behaviors that resulted in UCMJ actions were the result of the use of alcohol. The applicant was sent to the Army Substance Abuse Program (ASAP) twice, both being command referred. The first time was after being accused of being drunk on duty and the second after receiving a DUI while on Fort Bragg. Both of these instances led to Article 15's. After receiving the DUI, the applicant was recommended to be discharged from the Army. The applicant contends there is a stigma surrounding mental health in the military that promotes an environment where anyone who seeks out help is seen as weak. There is also a worry that it could be career ending to seek out help for any issues related to mental health. Being fairly new to the Army, the applicant fell into the stigma and thus made only one attempt at seeking medical help from a mental health professional. The occurrence of this stigma is documented by a study by Rand Corp. Those fears have fueled a mental health crisis, where about on fifth of people returning from the wars in Afghanistan and Iraq report symptoms of (PTSD) or major depression, and only about half seek treatment, according to the 2008 Rand Corp Study. 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 Dysthymic Disorder, Alcohol Abuse, and Adjustment with Depressed Mood. The applicant has a 50% service- connected rating from the VA. The VA has also diagnosed the applicant with PTSD and Alcohol Abuse. 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 26 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 and OBH), and post-service accomplishments. 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 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 12 April 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 January 2012 (2) Basis for Separation: The applicant was informed of the following reasons: for receiving a Field Grade Article 15 for drunk driving; Receiving a Company Grade Article 15 for failure to report; and Receiving a Summarized Article 15 for being disrespectful towards a non-commissioned officer (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 5 January 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 19 January 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 July 2008 / 4 years, 19 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 118 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 8 months, 28 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (29 August 2009 to 26 August 2010) f. Awards and Decorations: ARCOM-2, AGCM, NDSM, GWOTSM, ASR, OSR, NATOMDL, ACM-CS, CIB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Court documents from the State of North Carolina reference DUI/driving under the influence. Summarized Record of Proceedings Under Article 15, UCMJ, dated 16 February 2011, for being disrespectful in language towards Sergeant B.W., a superior noncommissioned officer on 21 January 2011, assaulting Sergeant D.Z, by shoving him on 21 January 2011, and being found drunk while on duty on 21 January 2011. The punishment consisted of extra duty and restriction for 14 days. FG Article 15, dated 26 October 2011, for physically controlling a vehicle, to wit: a passenger car, while drunk on 9 October 2011. The punishment consisted of reduction to E-1, forfeiture of $733 pay per month for two months, and extra duty and restriction for 45 days. CG Article 15, dated 16 December 2011, for failure to go at the time prescribed to his appointed place of duty on 4 December 2011 and for being derelict in the performance of his duties in that he negligently failed to shave, as it was his duty to do on 4 December 2011. The punishment consisted of extra duty for 7 days (suspended). Counseling statement reference driving under the influence/DUI. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 22 November 2011, which shows the applicant was diagnosed with an Axis I for adjustment disorder; Alcohol Abuse. The applicant had a historical diagnosis of alcohol abuse, and was enrolled in ASAP. It was noted that there was no evidence of an emotional or mental disorder of psychiatric significance at the time to warrant disposition through medical channels; therefore, the applicant was psychiatrically cleared for any administrative action deemed appropriate by his command, including administrative discharge. The letter submitted by the applicant from the Department of Veterans Affairs, shows he was awarded 50 percent service connected disability for PTSD with alcohol use disorder (previously acquired psychiatric disorder to include PTSD). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored letter; VA disability rating; H.R. 4683; Secretary of Defense Memorandum, supporting evidence (i.e., evaluation reports and award certificates), PTSD Research Quarterly, military war on stigma, current employer's yearly evaluation; and letters of support/recommendation. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge he has had no record of any incidents with law enforcement, or otherwise. At one point he sought out mental health counseling, but after one session with a VA counselor, he stopped going due to moving from one state to another. He has been employed with the same company for over three years and in that time has had not negative counseling. He has done well enough within his current employment to have received three promotions. He was an active member of the American Legion and served as Vice Commander until his move out of state. 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. 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 record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms 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. 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 seeks relief contending that according to the Department of Veterans Affairs, he has symptoms of PTSD that is directly related to his time in the Army; more specifically related to his twelve month deployment in Afghanistan. He contends the VA has rated him at fifty percent disabled due to these PTSD symptoms. His discharge was directly related to substance abuse, which did not manifest until after his twelve month combat deployment. Before deployment he was an outstanding Soldier, who did not get into any type of trouble. During his deployment he received multiple citations for outstanding conduct. Upon returning from deployment, he was given the role of a team leader and attended a battalion team leader course. After deployment, on a few different occasion he had issues which resulted in UCMJ actions. All of his behaviors the resulted in UCMJ actions were the result of the use of alcohol. He was sent to the Army Substance Abuse Program (ASAP) twice, both being command referred. The first time was after being accused of drunk on duty and the second after receiving a DUI while on Fort Bragg. Both of these instances led to Article 15's. After he received the DUI he was recommended to be discharged from the Army. He contends there is a stigma surrounding mental health in the military that promotes an environment where anyone who seeks out help is seen as weak. There is also a worry that it could be career ending to seek out help for any issues related to mental health. Being fairly new to the Army he fell into the stigma and thus made only one attempt at seeking medical help form a mental health professional. The occurrence of this stigma is documented by a study by Rand Corp. Those fears have fueled a mental health crisis, where about on fifth of people returning from the wars in Afghanistan and Iraq report symptoms of (PTSD) or major depression, and only about half seek treatment, according to the 2008 Rand Corp Study The applicant's in-service and post-service accomplishment were also noted and the applicant is to be commended on his accomplishments. However, the fact the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. Also, it should be noted, by regulation, an under other than honorable conditions (UOTHC) discharge is normally appropriate for a member separated by reason of misconduct (serious offense). It appears the applicant's generally good record of service was the basis for his receiving a GD instead of the normal UOTHC 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 character of the applicant's discharge is commensurate with his overall service record 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 26 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 and OBH), and post-service accomplishments. 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 AR20180000455 2