1. Applicant's Name: a. Application Date: 5 December 2017 b. Date Received: 8 December 2017 c. Counsel: N/A 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of under other than honorable conditions discharge to general (under honorable conditions) or honorable. The applicant seeks relief contending, in pertinent part and in effect, an upgrade would allow the applicant to receive VA benefits. The applicant served honorably during the initial and second enlistment. The applicant's current discharge was the result of "overwhelming PTSD symptomatology and behaviors directly attributable to the severity of the condition," for which the applicant was being medically discharged/boarded prior to the discharge with a UOTH. 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 the following Behavioral Health (BH) related diagnoses while on active duty: Adjustment Disorder, Alcohol Dependence, Anxiety Disorder NOS, mild TBI, Major Depressive Disorder and PTSD. Post service, the applicant has a 10% service connected rating from the Veterans Affairs (VA). In summary, the applicant does have BH diagnoses that are partially mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 30 November 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, prior periods of honorable service, and the circumstances surrounding the discharge (i.e. homelessness, combat wounded, and in- service and post-service diagnosis of PTSD), and as a result it is inequitable. 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 and SPD code were proper and equitable and voted not to change them However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry code of 4. In view of the error, the Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations. (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-4 / Under Other Than Honorable Conditions b. Date of Discharge: 21 August 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 and 25 January 2017 (2) Basis for Separation: The applicant was informed of the following reasons: On 28 March 2016, he operated a motorcycle while under the influence of alcohol and he was found to be in possession of an XDM handgun. (3) Recommended Characterization: The initial notification recommended General (Under Honorable Conditions), and the latter notification, Under Other Than Honorable Conditions (4) Legal Consultation Date: 10 and 20 January 2017 (5) Administrative Separation Board: 18 April 2017, Under Other Than Honorable Conditions discharge (6) Separation Decision Date / Characterization: 5 July 2017 / Under Other Than Honorable Conditions (The GCMCA also reviewed and considered the Medical Evaluation Board proceedings and found that the applicant's medical condition was not a direct or substantial contributing cause of the conduct that led to the applicant's current separation proceedings.) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 January 2005 / 6 years (Note further extensions and/or subsequent reenlistments are NIF, but according to the applicant's ERB, his ETS was 1 November 2017, at the time of his separation. His DD Form 214 indicates any extension(s) of service was/were for the convenience of the government.) b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 109 c. Highest Grade Achieved / MOS / Total Service: E-6 / 11B30, 2B Infantryman / 15 years, 29 days d. Prior Service / Characterizations: RA (23 July 2002 to 16 July 2005) / HD e. Overseas Service / Combat Service: Hawaii, SWA / Afghanistan (22 March 2004 to 21 March 2005), Iraq (4 August 2006 to 15 October 2007), (15 July 2010 to 21 June 2011), Afghanistan (6 May 2013 to 16 December 2013) f. Awards and Decorations: PH; ARCOM-4; AAM-5; AGCM--4; NDSM; ACM-2CS-2; ICM-CS-3; GWOTEM; GWOTSM; NCOPDR-2; ASR; OSR-4; NATO MDL; MUC-2; CIB g. Performance Ratings: 11 NCOERs (Note "AB" is abbreviated for "Among the Best" and "FC" for "Fully Capable": 1 March 2006 thru 28 February 2007, AB 1 March 207 thru 30 November 2007, RFC, Marginal 1 June 2008 thru 31 January 2009, AB 1 February 2009 thru 31 January 2010, AB 1 February 2010 thru 15 November 2010, AB 16 November 2010 thru 15 November 2011, AB 16 November 2011 thru 8 August 2012, FC 9 August 2012 thru 8 August 2013, AB 8 August 2013 thru 7 March 2014, AB 8 August 2014 thru 7 March 2015, AB 8 August 2015 thru 31 December 2015, FC h. Disciplinary Action(s) / Evidentiary Record: Army Substance Abuse Program (ASAP) Enrollment, dated 29 March 2016, indicates the applicant's command enrolled him due to being arrested for DUI. Negative counseling statements for being informed of an involuntary separation proceedings due to multiple alcohol-related arrests; driving under the influence; possessing a handgun while under the influence; and violating conditions of release. General Officer Memorandum of Reprimand and its associated documents, dated 13 April 2016, indicates the applicant was reprimanded for driving while under the influence of alcohol in Tennessee on 28 March 2016, a second alcohol-related incident; being apprehended after a motorcycle accident left him and a passenger injured; and being found in possession of an XDM handgun, and that on 15 October 2007, he was also charged with operating a vehicle while under the influence of an intoxicant. Report of Proceedings by Board of Officers with its summarized proceedings reflect the board that convened on 18 April 2017, reported their findings and recommendations, and that it was approved by the separation authority. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 12 August 2016, reports that the applicant tested positive for PTSD, that he is enrolled with behavioral health services, and that he was cleared for administrative separation actions or any other administrative actions deemed necessary by his command. Report of Medical History, dated 20 August 2016, indicates the applicant noted behavioral health issues, including being treated for chronic PTSD, depression, and anxiety. Memorandum, dated 22 May 2017, subject: Legal Review - Administrative Separation Pertaining to [the applicant], in pertinent part, indicated that on 29 July 2016, a Medical Evaluation Board (MEB) determined the applicant suffered from medical conditions incurred in service; PTSD and "status post left clavicle OIRF secondary to fracture with retained hardware." 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 5 December 2017; VA/DOD Joint Disability Evaluation Board Claim, dated 7 July 2016; and Statement in Support of Claim, dated 7July 2016. 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. The applicant, by violating the Army's policy, not to abuse alcohol, compromised the special trust and confidence placed in an NCO. The applicant, as an NCO, had the duty to support and abide by the Army's alcohol abuse policies. By abusing alcohol, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the Army. His military records also shows an administrative error in his DD Form 214. The service record reflects that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as "RE-4." The applicable regulation shows the reentry code for separation under the provisions of AR 635-200, paragraph 14-12c, is assigned an reentry code of "RE-3." 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 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 applicant's contentions regarding his behavioral health issues which involved his "overwhelming PTSD symptomatology and behaviors directly attributable to the severity of the condition," for which he was being medically discharged/boarded prior to his current discharge, 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. The separation authority considered the medical evidence, and determined that was not the case. The Board is not bound by the separation authority's finding in that regard, and can review that determination. 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 an upgrade would allow him to receive his VA benefits. 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 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 30 November 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, prior periods of honorable service, and the circumstances surrounding the discharge (i.e. homelessness, combat wounded, and in-service and post-service diagnosis of PTSD), and as a result it is inequitable. 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 and SPD code were proper and equitable and voted not to change them However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry code of 4. In view of the error, the Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations. 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 / RE-3 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 AR20180001086 1