1. Applicant's Name: a. Application Date: 21 March 2018 b. Date Received: 26 March 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, was a stellar Soldier with no corrective action or UCMJ history and was promptly promoted to Specialist. The applicant earned the Army Achievement Medial during Operation Desert Spring and then deployed and fought during Operation Iraqi Freedom in March 2003. Upon returning, the applicant was a different person and began abusing alcohol and lost the desire and ability to maintain financial obligations. The applicant lived recklessly and was then discharged for patterns of misconduct. After discharge, the applicant still missed the military and took a job as a civilian contractor in Iraq. The applicant spent eight years working alongside the military and continued to serve in some capacity, even while battling issues. In September 2017, the applicant finally decided to reach out to the VA for help and they determined that the applicant was suffering from PTSD caused by the events endured during combat. The applicant states the PTSD went undiagnosed during the troubling times of service and believes that had the signs been recognized by leadership, or if the applicant had the courage to tell them something was wrong, the applicant could have saved the military career. Since discharge, the applicant has worked alongside the military abroad, putting on recreational events in combat areas in order to increase Soldier morale. The applicant has reached out to Soldiers from the former unit and others during the contracting time, to be a mentor or a guide in their life. The applicant has went the last 13 and a half years ashamed of how the service ended. The applicant has given back to the armed forces and sought help as well. The applicant now has the support from the same leadership that was over the applicant during those troubled times and is now reaching out to the Board in hopes of gaining the same support. 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 applicant's active duty records are void of information due to the period of service. Post-service, the applicant has a 70% service- connected rating from the VA for PTSD. In summary, the applicant had a BH diagnosis that is partially mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 15 May 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD), and a prior period of honorable service. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 16 August 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 July 2004 (2) Basis for Separation: The applicant was informed of the following reasons: He had on numerous occasions failed to report to his appointed place of duty and being absent without leave from 23 December 2003 to 15 January 2004. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 28 July 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 August 2004 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 September 2001 / 3 years b. Age at Enlistment / Education / GT Score: 19 / GED / 105 c. Highest Grade Achieved / MOS / Total Service: E-4 / 13P10, Multiple Launch Rocket System / Fire Direction Specialist / 2 years, 11 months, 22 days d. Prior Service / Characterizations: RA, 11 July 2001 - 1 September 2001 / HD e. Overseas Service / Combat Service: SWA / Kuwait-Iraq (27 January 2003 - 4 June 2003) f. Awards and Decorations: ARCOM, PUC, NDSM, AFEM, GWOTEM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 25 August 2003, for violation of Article 86. The punishment consisted of a reduction to E-3 (suspended); forfeiture of $336 pay; and, extra duty and restriction for 14 days. FG Article 15, dated 31 October 2003, for failing to go at the time prescribed to his appointed place of duty (26 September 2003). The punishment consisted of a reduction to E-2; forfeiture of $645 pay per month for two months; and, extra duty and restriction for 45 days. CG Article 15, dated 17 May 2004, for violation of Article 86. The punishment consisted of a reduction to E-1 (suspended); forfeiture of $334 pay; and, extra duty and restriction for 14 days. Several Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: 42 days NIF, 24 November 2003 - 14 December 2003 / NIF AWOL, 23 December 2003 - 14 January 2004 / NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, he has worked alongside the military abroad, putting on recreational events in combat areas in order to increase Soldier morale. 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. 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 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. 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. The service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 28, Narrative Reason for Separation as Misconduct. The discharge packet confirms the separation authority approved the discharge under the provisions of AR 635-200, paragraph 14-12b. Soldiers processed for misconduct under this provisions will be assigned a Narrative Reason for Separation as Pattern of Misconduct. The applicant contends he was diagnosed with PTSD post-service. He contends it was this undiagnosed disorder, which affected his behavior and led to his discharge. However, the service record contains no evidence of Post-Traumatic Stress Disorder 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 a combat tour. 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. Notwithstanding the administrative error, 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 15 May 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD), and a prior period of honorable service. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, paragraph 14-12a e. Change SPD / RE Code to: JKN / 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 AR20180006086 1