1. Applicant's Name: a. Application Date: 26 December 2017 b. Date Received: 9 February 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, did three deployments and had many life altering events during service. The applicant's first deployment to Iraq was from 2004 to 2005 and had several things happen that changed the applicant forever. The incident that has stuck with the applicant was a suicide bomber attack in the chow hall, wherein 30 men in the Battalion were killed. The applicant helped carry many of the bodies out and lost some good friends that day and earned the Combat Infantry Badge. The applicant states, after the first redeployment, was transferred to Kansas and immediately began training for a second deployment. The applicant would be leaving within a year and had some issues battling with not sleeping well, not wanting to socialize much and always feeling anxious. The applicant believed there was no time to seek help because the applicant felt it necessary to set a good example for Soldiers and make sure they were prepared for the upcoming deployment. During the second deployment to Iraq, the applicant learned that the unit would be extended from 12 to 15 months. During the deployment, the applicant was diagnosed with TBI, which was caused by a vehicle borne IED. The applicant, again helped treat buddies that were facing life threating injuries and whom were later sent home. Shortly after the deployment, the applicant was transferred to South Carolina and sought help with a primary physician for sleep and anxiety and was placed on Ambien and Xanax. The applicant's third deployment was twelve months later and waas deployed to Afghanistan. The applicant was awarded the Purple Heart after stepping on an IED and was hospitalized for many days because of contracting malaria. During this deployment the applicant was in multiple mortar and RPG attacks and witnessed a buddy being killed during one of the mortar attacks. The applicant as not feeling right after the first deployment and became worse after the second, but after the third deployment, the applicant's wife insisted in seeking help. The applicant's wife saw that the applicant was struggling with anger issues, was not sleeping well, and had told the applicant was acting differently. The applicant made all appointments and was diagnosed with Severe PTSD, Major Depressive Disorder and insomnia. The applicant was placed on multiple medications, which did not seem to help. The applicant was doing things that were totally out of character and now understands why. The applicant did not care who it hurt and often had no recollection of the things that occurred, even when confronted about these actions. The applicant was taking many pills and had many things going on inside the head. The applicant was worried about a possible future deployment, but still does not remember most of what happened after the last deployment. The applicant is aware of what went wrong and regrets it every day. Though the applicant does not remember most of it, what the applicant does remember, causes depression and disappointment. The applicant does not know what or how one was thinking when everything took a turn for the worse. The applicant struggles daily and has lost many friends and career. The applicant's wife left for two years because of the applicant's personality changes and how the applicant treated her and others and the way the applicant was living his life. The applicant states not a day goes by that the applicant does not think about the chow hall blowing up or losing close buddies and how the applicant almost lost everything. The applicant still has trouble maintaining a job or keeping friends for a long time, but has recently reconciled with the wife, and is again seeking help for PTSD, TBI and depression. The applicant is looking for work and will soon be enrolled in Vocational Rehabilitation. 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), notes indicate in-service diagnoses of Adjustment Disorder with Anxiety, Adjustment Disorder with Depressed Mood, Anxiety Disorder NOS, Major Depressive Disorder, ADHD, and PTSD. The applicant is currently being treated outside of the VA for MDD, recurrent, severe without psychotic features and Chronic PTSD. Based on the available information, although the applicant was diagnosed with PTSD, there is not a nexus between the Behavioral Health conditions and the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 18 December 2018, and by a 3-2 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: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 9 October 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: NIF (5) Administrative Separation Board: Legal review, dated 21 August 2014, reflects the applicant submitted a conditional wavier to waive consideration of his case by an administrative separation board, as a result of the Battalion Commander's acceptance of the applicant's Offer To Plead Guilty at a Summary Court-Martial. (6) Separation Decision Date / Characterization: On 30 September 2014, the separation authority, found that the applicant's medical condition was not the direct or substantial contributing cause of the conduct that led to the recommendation for administrative elimination. He further found that other circumstances of the individual case do not warrant disability processing instead of further processing for administrative separation. / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 October 2009 / Indefinite b. Age at Enlistment / Education / GT Score: 31 / HS Graduate / 109 c. Highest Grade Achieved / MOS / Total Service: E-6 / 11B10, Infantryman / 14 years, 11 months, 25 days d. Prior Service / Characterizations: RA, 9 July 1997 - 21 September 1999 / UOTH RA, 28 December 2001 - 8 January 2004 / HD RA, 9 January 2004 - 4 July 2005 / HD RA, 5 July 2005 - 6 September 2007 / HD RA, 7 September 2007 - 20 October 2009 / HD e. Overseas Service / Combat Service: Alaska, SWA / Afghanistan (4 July 2011 - 1 April 2012); Iraq (14 October 2004 - 13 October 2015 / 6 February 2007 - 10 April 2008) f. Awards and Decorations: ACM-2CS, ICM-3CS, PH, ARCOM-6, AAM-5, NATOMDL, VUA-2, AGCM-4, GWOTEM, GWOTSM, NCOPDR-2, ASR, OSR-4, CIB g. Performance Ratings: 25 October 2009 - 30 September 2010 / Among The Best 29 September 2010 - 28 September 2011 / Among The Best 29 September 2011 - 28 September 2012 / Among The Best 28 September 2012 - 27 September 2013 / Among The Best h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and a self-authored statement. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states he is looking for work and he is entering vocational rehabilitation. 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 under other than honorable conditions discharge to honorable. The applicant's available record of service, 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. However, the applicant's record is void of the complete specific facts and circumstances concerning the events which led to his discharge from the Army. The applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c, by reason of Misconduct (Serious Offense), with a characterization of service of Under Other Than Honorable Conditions. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The applicant contends he was suffering from PTSD and TBI, which affected his behavior and led to his discharge. However, the service record contains no evidence of Post-Traumatic Stress Disorder or TBI diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant contends that he had good service which included three combat tours. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 18 December 2018, and by a 3-2 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 AR20180003687 1