1. Applicant's Name: a. Application Date: 27 February 2018 b. Date Received: 5 March 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to upgrade their under other than honorable conditions discharge to honorable and to change the narrative reason for discharge. The applicant seeks relief contending, in pertinent part and in effect, was found to be medically retired as a First Sergeant (E-8); however, everything was held for a couple of weeks and a week before discharge, the applicant was reduced to E-1 and received a UOTHC characterization of service. The VA has granted 100 percent disability for PTSD, which was one of the issues in the Physical Evaluation Board (PEB), including many other medical conditions that were not accepted by PEB. The applicant requests the Board to consider a full medical retirement, including full rank and grade with all honors and benefits. 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 the applicant had extensive Behavioral Health (BH) involvement. In December 2012, the applicant was diagnosed with PTSD secondary to combat. In late April 2013, the applicant's MEB was started. In August 2013 the MEB and the VA stated the applicant's PTSD did not meet medical retention standards. On 19 October 2014, the applicant underwent an Administrative Separation Board. Review of the VA medical records indicates that the applicant is 100% SC by the VA and has BH diagnoses of PTSD and TBI. However, due to the nature of the misconduct, the BH diagnoses do not mitigate the misconduct that led to separation. In a records review conducted at Arlington, VA on 3 August 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: Sufficient Service for Retirement / AR 635-200, Chapter 12 / RBD / RE-4R / Under Other Than Honorable Conditions b. Date of Discharge: 31 October 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: NA (2) Basis for Separation: The applicant would have requested a voluntary retirement pursuant to Chapter 12, AR 635-200 (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / Under Other Than Honorable Conditions (According to memorandum, dated 20 October 2014, subject: Separation Under AR 135-178, Chapter 12-1c, Commission of a Serious Offense, the Adjutant General of the Alaska Army National Guard directed the discharge with an Under Other Than Honorable Conditions characterization of service reflected on the applicant's DD Form 214 and NGB Form 22. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 October 2005 / AGR status, pursuant to Orders 292-111, for a period of 30 days and Orders 292-142 (a period from 1 November 2005 to 31 July 2006), both dated 19 October 2005; Orders 089-001, dated 30 March 2006 (a period from 16 April 2006 to 15 April 2009); Orders 084-103, dated 25 March 2009 (a period from 16 April 2009 to 15 April 2012); and DD Form 214 shows further extension as "Subject to AD Recall." . b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-8 / 79T10, Recruiting/Retention NCO, 21B10, Combat Engineers / 21 years, 1 month, 3 days d. Prior Service / Characterizations: USMC (28 September 1993 to 27 September 1997) / HD USMCR (28 September 1997 to 9 April 1998) / NA RA (10 April 1998 (NIF) to 1 August 2005) / HD ARNG (2 August 2005 to 30 September 2005) / NA (Continued Service as AGR) e. Overseas Service / Combat Service: Alaska, Korea / Per BSM certificate, OEF (20 October 2003 to 30 June 2004) f. Awards and Decorations: BSM; ARCOM-2; AAM; AGCM-3; MCGCM; NDSM-2; GWOTEM; GWOTSM; KDSM; NCOPDR-2; ASR; OSR; NMCOSR; g. Performance Ratings: Eight NCOERs rendered during period under current review: 1 August 2006 thru 31 July 2007, Fully Capable 1 August 2007 thru 31 July 2008, Among the Best 1 August 2007 thru 31 October 2008, Among the Best 11 November 2008 thru 31 July 2009, Among the Best 1 August 2009 thru 31 July 2010, Among the Best 1 August 2010 thru 31 July 2011, Among the Best 1 August 2011 thru 31 May 2012, Among the Best 1 June 2012 thru 20 October 2014, RFC, Marginal h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand, dated 7 November 2012, indicates the applicant was reprimanded for misusing a government vehicle. Separation file pursuant to Army Regulation 135-178, Chapter 12-1c, Commission of a Serious Offense Separation File with its associated documents indicate an administrative separation board that convened on 25 July 2015, reported their findings and recommendations into the misconduct of the applicant. Discharge Orders i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: The applicant's documentary evidence: VA Rating Decision letter, dated 20 June 2016, indicates the applicant was granted 100 percent evaluation for PTSD with mTBI. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 27 February 2018; certificate of name change; VA Rating Decision, dated 20 June 2016; and VA Rating Decision data, dated 13 July 2016. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Chapter 12 (Retirement for Length of Service) sets policies and procedures for voluntary retirement of Soldiers because of length of service and governs the retirement of Soldiers (Active Army, ARNGUS, and USAR) who are retiring in their enlisted status. 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 "RBD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 12, "Sufficient Service for Retirement." The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "RBD" will be assigned an RE Code of 4R. 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 to upgrade his under other than 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 applicant's record is void of the specific facts and circumstances concerning the events surrounding his approved application or retirement with sufficient service. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 12, by reason of "Sufficient Service for Retirement," 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 were fully protected throughout the separation process. The applicant's contentions regarding his behavioral health issues involving a 100 percent evaluation for his PTSD with mild TBI, 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. 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 requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives and as approved for retirement. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 12, is "Sufficient Service for Retirement," and the separation code is RBD. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Regarding the applicant's contentions to consider him for a full medical retirement, and restore his full rank and grade with all honors and benefits, the applicant's requested change to the DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The available 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. 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 the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 3 August 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 AR20180005148 1