1. Applicant's Name: a. Application Date: 25 October 2017 b. Date Received: 10 January 2018 c. Representative: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, he was discharged after receiving an AGCM, and less than two years after serving a combat tour in Iraq where two Soldiers were killed. He was not properly diagnosed with the PTSD he is currently battling. Upon redeploying, he was stabbed in the left triceps and hand by a fellow Soldier at a gathering. He received an Article 15 for conduct unbecoming. He is currently a homeless disabled veteran. He is also being treated for drug and alcohol abuse, as results of suffering from PTSD. Per the Board's Medical Officer, a voting member, based on the information available for review at the time to include the military electronic medical record, the applicant did not have a medical or behavioral health condition that was mitigating for the offenses which led to his separation from the Army. A review of electronic military medical records indicated diagnoses of an Adjustment Disorder and Partner Relational Problem. The Mental Status Evaluation dated 18 December 2008 indicated there was no evidence of a psychiatric condition and SM was psychiatrically cleared. He screened negative for PTSD and TBI. Post-service, SM has diagnoses of PTSD, Anxiety, Intermittent Explosive Disorder, Cannabis Dependence, and a Relational Problem from the VA, but does not have a service connected rating. In a records review conducted at Arlington, VA on 11 July 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 30 July 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 June 2009 (2) Basis for Separation: The applicant was informed of the following reasons: On 3 December 2007, he assaulted PFC X Between 2 January 2009 and 2 February 2009, he had sexual intercourse with X, a woman not his wife. On 11 March 2009, he violated a no-contact order. On 9 June 2009, he disobeyed a lawful order of First Sergeant X. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 1 July 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 July 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 December 2006 / 6 years b. Age at Enlistment / Education / GT Score: 20 / 14 years / 117 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68W10, Health Care Specialist / 4 years, 1 month, 8 days d. Prior Service / Characterizations: RA (23 June 2005 to 9 December 2006) / HD e. Overseas Service / Combat Service: Hawaii, SWA / Iraq (25 July 2006 to 25 October 2007) f. Awards and Decorations: ARCOM-2; AAM-3; AGCM; NDSM; ICM-CS; GWOTSM; ASR; OSR-2; MUC g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 3 December 2007, for assaulting PFC D.M.K., by grabbing her wrist forcefully between 1 and 2 October 2007. The punishment consisted of a reduction to E-3 (suspended) and 14 days of extra duty. Negative counseling statements for being insubordinate towards an NCO; failing to obey an order or regulation; and being informed of an involuntary separation action. FG Article 15, dated 22 June 2009, for disobeying an NCO on 9 June 2009. The punishment consisted of a reduction to E-1, forfeiture of $699 pay per month for two months (suspended), and 30 days of extra duty and restriction. Report of Mental Status Evaluation, dated 18 December 2008, provided no diagnosis that would prevent the applicant from participating in any legal or administrative actions. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 4 February 2009, indicates the applicant and examiner noted behavioral health issues and treatment. Applicant's documentary evidence: Psychologist reported evaluation (Initial Post Traumatic Stress Disorder Disability Benefits Questionnaire), dated 5 February 2018, shows a diagnoses of PTSD, Cannabis Use Disorder (moderate). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 25 October 2017; Authorization to Disclose Information to VA, dated 18 October 2017; General Release for Medical Provider Information to VA; VA Statement in Support of Claim, dated 30 October 2017; two obituary articles; DD Form 214; and letter, dated 18 October 2017, rendered by "Fresh Start Case Manager." Additional evidence: Initial PTSD Disability Benefits Questionnaire, dated 5 February 2018, signed by a psychologist; and congressional correspondence. 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" 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. 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 knowingly risked a military career and diminished the quality of his service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that the applicant's service mitigated the misconduct or poor performance, such that he should have been retained on Active Duty. The applicant's contentions regarding his behavioral health issues which involved being diagnosed with PTSD, were carefully considered. A careful review of the available record indicates the applicant's behavioral health issues 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 the incidents of misconduct, the Board can find that his complete period of service and his accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant contends that he is currently a homeless and disabled veteran. However, eligibility for housing supportive program benefits for Veterans does not fall within the purview of the Army Discharge Review Board, and the applicant's documentary evidence shows he is currently receiving assistance with his homeless status. Accordingly, the applicant should remain in contact with a local office of the Department of Veterans Affairs for further assistance. Moreover, all veterans at risk for homelessness or attempting to exit homelessness can request immediate assistance by calling the National Call Center for Homeless Veterans hotline at 1- 877-424-3838 for free and confidential 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 11 July 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change 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 AR20180002312 1