1. Applicant's Name: a. Application Date: 26 January 2018 b. Date Received: 5 February 2018 c. Counsel: 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 counsel, on behalf of the applicant, seeks relief contending, in pertinent part and in effect, the applicant's discharge was inequitable with concerns of impropriety, and according to Secretary Hagel's PTSD memorandum, dated 3 September 2014, further expanded on it in August 2017. The administrative hearing had substantial deficient that deprived the applicant of due process rights, and the applicant's behavioral health and medical conditions were not appropriately considered. The applicant's 12 years and history of honorable service were unjustly ignored by the BOI. The applicant had eight deployments, during which, completed numerous combat missions as an MH-47E crew member. (The counsel detailed the circumstances and events surrounding the applicant's discharge, and medical conditions.) The counsel asserts that the current discharge is harming the applicant for prospective employment, although the applicant had an impeccable service record. 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) indicates the applicant was diagnosed with multiple Behavioral Health (BH) conditions. VA notes indicate the applicant has been diagnosed with PTSD and a Mood Disorder. Based on the available information, the applicant has a mitigating BH disorder and therefore is a nexus between the applicant's BH diagnoses and misconduct that led to separation. In a records review conducted at Arlington, VA on 1 August 2018, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of PTSD). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Unacceptable Conduct / AR 600-8-24, Paragraph 4-2b / JNC / NA / General (Under Honorable Conditions) b. Date of Discharge: 9 October 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 November 2012 (2) Basis for Separation: The applicant was informed that on 15 September 2012, he physically controlled a vehicle, while drunk and parked his vehicle in the eastbound lane of Gaffney Road facing oncoming traffic. (3) Legal Consultation Date: NIF; however, records show that the applicant elected to appear before the Board of Inquiry (BOI) (4) GCMCA Recommended Characterization: General (Under Honorable Conditions) (5) Army Board for Review of Eliminations Recommendation: 12 September 2013, elimination with an Honorable characterization of service (6) Separation Decision Date / Characterization: 25 September 2013 / Honorable 4. SERVICE DETAILS: a. Date / Period of Appointment: 3 May 2006 / WO Aviation MRD: 31 July 2036 b. Age at Appointment / Education / GT Score: 26 / 14 years / NA c. Highest Grade Achieved / MOS / Total Service: WO2 / d. Prior Service / Characterizations: RA (7 September 2000 to 4 August 2005) / HD RA (5 August 2005 to 2 May 2006) / HD e. Overseas Service / Combat Service: Korea, SWA / ORB, dated 25 July 2013, shows the applicant served six separate combat tours in Afghanistan with end dates of 31 October 2005, for four months; 20 May 2005, for three months, 4 January 2005, for five months; 5 July 2004, for four months; 15 July 2003, for three months; and 13 April 2003, for four months. He served a three-month tour in Iraq that ended 5 January 2006. f. Awards and Decorations: AM; ARCOM-3; AAM-4; AGCM; NDSM; ACM-2CS; ICM- CS; GWOTEM; GWOTSM; KDSM; ASR; OSR-3; JMUA; VUA g. Performance Ratings: Six OERs: 1 November 2007 thru 7 October 2008, Outstanding Performance, Must Promote 8 October 2008 thru 7 October 2009, Outstanding Performance, Must Promote 8 October 2009 thru 7 October 2010, Outstanding Performance, Must Promote 8 October 2010 thru 31 May 2011, Outstanding Performance, Must Promote 1 June 2011 thru 27 March 2012, Outstanding Performance, Must Promote 27 March 2012 thru 26 March 2016, Unsatisfactory Performance, Do Not Promote h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand with its associated documents, dated 1 November 2012, indicates the applicant was reprimanded for driving under the influence of alcohol. GO Article 15, dated 26 February 2013, for physically controlling a vehicle while drunk on 15 September 2012. The punishment consisted of forfeiture of $1,109 pay per month for two months. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 17 July 2013, indicates the applicant and the examiner noted behavioral health issues and treatment. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 26 January 2018, with attorney-authored brief and its listed enclosures. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. A discharge of honorable, general, or under other than honorable conditions characterization of service may be granted. 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 "JNC" as the appropriate code to assign officer personnel who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4, paragraphs 4-2b, unacceptable conduct. 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 Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant diminished the quality of his service which led to the reason for his discharge. The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that his service mitigated the unacceptable conduct or poor duty performance, such that he should have been retained on Active Duty. The record further confirms that notwithstanding the propriety of the applicant's discharge, the applicant's DD Form 214, block 24, indicates an erroneous character of service of general, under honorable conditions; wherein the separation authority had approved an elimination with an honorable character of service. The applicant's contentions that his behavioral health and medical conditions were not appropriately considered, were carefully reviewed. In consideration of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues symptoms and medical conditions existed, and the applicant contends they were contributing factors that led to his discharge. If the Board determines the applicant's behavioral health issues and medical conditions were significant contributing factors to the misconduct as basis for his discharge, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of AR 600-8-24, Chapter 4, paragraphs 4-2b, with an honorable discharge as approved by the separation authority. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unacceptable Conduct," and the separation code is "JNC." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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 August 2018, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, and the circumstances surrounding the discharge (i.e. in-service and post- service diagnosis of PTSD). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 AR20180003352 1