1. Applicant's Name: a. Application Date: 29 April 2018 b. Date Received: 1 May 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: 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 seeks relief contending, in pertinent part and in effect, the circumstances surrounding his discharge was the result of his undiagnosed and untreated Post Traumatic Stress Disorder (PTSD) and Traumatic Brain Injury (TBI) medical conditions, which the VA finally diagnosed and acknowledged the latter part of 2012. Upon returning from Iraq, he sought help for his nightmares and hypervigilance, but to no avail. He was only offered sleep techniques. His chain of command and peers frowned upon openly seeking therapy. Instead, it led to drinking and the gradual increasing dependence on street drugs. Such led him to being forgetful, hypersensitive, and complacent in his duties as a Soldier. He received a DUI. He was sent to ASAP, where he went through the motions to satisfy his command while behind the scenes, his inability to sleep or function effectively continued unchecked and untreated. He turned to illicit drugs and the stimulants helped him make it through the day. (The applicant detailed the events surrounding his actions that led him to his discharge, including his current incarceration.) Suffering from PTSD and TBI is a continuous struggle for him. He was granted disability for the service-connected PTSD and TBI; however, his compensation for TBI was denied due to his inability to attend a full VA disability physical. In a separate letter, he states in effect, that his discharge was both inequitable and unjust, given his awarded combat service, which caused haunted memories, and his subsequent diagnosis and ongoing treatment for PTSD. The behavior in 2008 leading to his arrest, discharge, conviction, and incarceration were found due to his ongoing struggle and inability to successfully seek treatment and address the undiagnosed symptoms of PTSD. He requests to change the narrative reason for his discharge to disability. Per the Board's Medical Officer, a voting member, based on the information available for review in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV) the applicant had a partially mitigating behavioral health condition at the time that led to the applicant's discharge. The applicant's PTSD is mitigating for his AWOL and DUI offenses, but do not mitigate burglary, theft of a firearm, and disarming a police officer. In a records review conducted at Arlington, VA on 28 September 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, and 28, contain erroneous entries. In view of the erroneous entries, the Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c, b. block 26, separation code changed to JKQ, and c. block 28, narrative reason for separation changed to Misconduct (Serious Offense). (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (AWOL) / AR 635-200, Paragraph 14-12c(1) / JKD / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 29 September 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 August 2008 (2) Basis for Separation: The applicant was informed of the following reasons: He went AWOL on 10 March 2008, and did not return to military control until he was arrested in Olympia, WA, on 18 April 2008. He drove while drunk on 24 September 2007 In considering a determination of recommending the level of characterization of his service is the fact that he is facing charged of burglary in the first degree, unlawful possession of synthetic narcotic, and assault in the third degree in Thurston County, WA. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 21 August 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 5 September 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 January 2007 / 6 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 86 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 4 months, 1 day d. Prior Service / Characterizations: RA (9 November 2004 to 3 January 2007) / HD e. Overseas Service / Combat Service: SWA / Iraq (20 June 2006 to 26 September 2007) f. Awards and Decorations: ARCOM; NDSM; GWOTSM; ASR; OSR; CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand with its associated documents, dated 4 January 2008, indicated the applicant was reprimanded for driving under the influence of alcohol. Three DA Forms 4187 (Personnel Actions) documents the following changes in duty statuses: dated 10 March 2008, PDY to AWOL, effective 10 March 2008 dated 8 April 2008, AWOL to DFR, effective 8 April 2008 dated 22 April 2008, DFR to civilian confinement, effective 18 April 2008 Civilian Superior Court, dated 18 April 2008, Declaration of Prosecutor Supporting Probable Cause, indicates that there was probable cause to declare charges of "Burglary in the First Degree; Unlawful Possession of Synthetic Narcotic; and Assault in the Third Degree," which were committed by the applicant. i. Lost Time / Mode of Return: 204 days (AWOL and Civilian Confinement: 10 March 2008 to 29 September 2008) / The applicant was apprehended and confined by the civil authorities. j. Diagnosed PTSD / TBI / Behavioral Health: The applicant's documentary evidence: Medical Discharge Summaries, dated 31 October 2012, show an "AXIS I" diagnoses of PTSD, alcohol dependence in full remission, cannabis dependence in full remission, and cocaine dependence in full remission. VA letters, dated 5 and 6 December 2012, indicates the applicant was granted 30 percent for "Anxiety Disorder claimed as Post Traumatic Stress Disorder." 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 29 April 2018; DD Form 214; VA letter, dated 6 December 2012; VA Rating Decision letter, dated 5 December 2012; Report of Medical Examination, dated 27 August 2004; medical Discharge Summaries, dated 31 October 2012; NPRC letter, dated 1 April 2016; DD Form 214; enlistment documents (iPERMS file), dated 18 October 2004 and 4 January 2007; CIB Permanent Orders; ARCOM certificate; separation file; promotion reduction Orders, dated 3 October 2008; discharge orders with its amendment; ERB; and applicant's letter, dated 29 April 2018. 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 14-12c 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. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" 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 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 military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies. By abusing illegal drugs and the incidents of misconduct, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the Army. The service record further reflects that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14- 12c(1), block 26 separation code as "JKD," and block 28, narrative reason for separation as "Misconduct (AWOL)." Therefore and as approved by the separation authority, the following administrative corrections are warranted: a. block 25, separation authority to AR 635-200, Chapter 14-12c; b. block 26, separation code to JKQ; c. block 28, reason for separation to Misconduct (Serious Offense). 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 applicant's contentions regarding his behavioral health issues that led to a diagnosis of PTSD, 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. 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 accomplishments and his complete period of service were or were not sufficiently mitigating to warrant an upgrade of his characterization of service and to change the narrative reason for his discharge. 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 by the separation authority. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 14, paragraph 14-12c is "Misconduct (Serious Offense)," and the separation code is JKQ. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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 28 September 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, and 28, contain erroneous entries. In view of the erroneous entries, the Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c, b. block 26, separation code changed to JKQ, and c. block 28, narrative reason for separation changed to Misconduct (Serious Offense). 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Misconduct (Serious Offense) d. Change Authority to: AR 635-200, paragraph 14-12c e. Change SPD / RE Code to: JKQ / 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 AR20180008294 1