1. Applicant's Name: a. Application Date: 2 May 2018 b. Date Received: 10 May 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, that the discharge should be upgraded due to previously undiagnosed PTSD and TBI symptoms that had an adverse impact on the applicant's ability to function adequately as a Soldier in the US Army. The applicant contends, as reflected by his DD Form 214, there was service of combat operations in Iraq from 14 October 2006 to 11 November 2007, and received a combat action badge due to those experiences in combat which involved engaging enemy combatants with small arms fire. The applicant was also exposed to two separate IED explosions in Iraq. Immediately upon returning from Iraq in November 2007, the applicant began to use alcohol to deal with the intrusive memories, chronic headaches, and sleep issues associated with PTSD and TBI. The applicant was on a temporary profile in November and December of 2007 due to concerns of TBI, and the examiner noted depression and anxiety at a discharge mental health physical. However, the applicant was not diagnosed with either TBI or PTSD at the time, nor was offered counseling to help with a proper diagnosis and therapy. All of the negative behavioral issues that led to the general (under honorable conditions) discharge occurred after returning from Iraq and can be attributed to symptoms commonly associated with PTSD to include excessive use of alcohol, depression, anxiety, irritability, sleep disorders, and headaches. The symptoms and associated behavior issues continued following the discharge from service and was eventually granted service connected compensations for PTSD and TBI by the Veterans Administration. The applicant believes the military record shows a direct correlation between the onset of PTSD and TBI related symptoms and negative behavior over the final 10 months of military service. The applicant is now requesting that the Board review the official military personnel file, enclosed excerpts from service treatment records, DD Form 214, and VA Rating Board Decisions to determine if the applicant's overall quality of service entitles an upgrade of characterization of service with due consideration given to the evidence indicating that PTSD and TBI existed at the time of discharge which might have mitigated the misconduct leading to the discharge. 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) indicate multiple medical diagnoses while on active duty. VA records indicate the applicant has been rated as 50% service connected for PTSD. Based on the available information, the applicant has a diagnosed Behavioral Health (BH) disorder and therefore presents a nexus which partially mitigates the misconduct leading to separation. In a records review conducted at Arlington, VA on 3 August 2018, and by a 3-2 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of PTSD and OBH). Therefore, the Board voted to grant relief in the form of an upgrade of 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 12 September 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 August 2008 (2) Basis for Separation: The applicant was informed of the following reasons: being charged with assault consummated by a battery and being drunk and disorderly on 15 November 2007; Receiving a Field Grade Article 15 for wrongful incapacitation for the proper performance of duties on 5 March 2008; Being charged with drunk and disorderly with a PBT result of .262 on 7 June 2008; Receiving a Field Grade Article 15 for being drunk and disorderly on 13 August 2008; Receiving a Field Grade Article 15 for wrongful incapacitation for the proper performance of duty as the result of a breathalyzer which was 0.185 on 27 August 2008; Being charged with being drunk while on duty on 28 August 2008; and Having a history of developmental counseling for failure to be at his appointed place duty without authority on multiple occasions, which conduct reflects poorly upon him, his unit, and the United States Army (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 5 September 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 8 September 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 September 2005 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-4 / 21W10, Carpentry/Masonry Specialist / 2 years, 9 months, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (14 October 2006 to 11 November 2007) f. Awards and Decorations: ARCOM, NDSM, GWOTSM, ICM-CS, ASR, OSR, CAB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 5 March 2008, for as a result of wrongful previous overindulgence in intoxicating liquor, incapacitated himself for the proper performance of his duties on 25 January 2008. The punishment consisted of reduction to E-2, forfeiture of $751 pay per month for two months and extra duty and restriction for 45 days. FG Article 15, dated 13 August 2008, for being drunk and disorderly by yelling and shouting profanities and refusing to return to his room after being informed to be quiet and return to his barracks room which conduct was of a nature to bring discredit upon the armed forces on 7 June 2008. The punishment consisted of reduction to E-1, forfeiture of $670 pay per month for two months, and extra duty and restriction for 45 days. FG Article 15, dated 27 August 2008, for as a result of wrongful previous overindulgence in intoxicating liquor incapacitated for the proper performance of his duties on 24 August 2008. The punishment consisted of forfeiture of $637 pay per month for one month, and extra duty and restrictions for 45 days. Military Police Report, dated 15 November 2007, shows the applicant was the subject of investigation for assault-consummated by a battery. Military Police Report, dated 16 November 2007, shows the applicant was the subject of investigation for being drunk and disorderly. Military Police Report, dated 7 June 2008, shows the applicant was the subject of investigation for being drunk and disorderly. Several negative counseling statements for various acts of misconduct and performance. i. Lost Time / Mode of Return: AWOL 53 days (23 June 2006 to 13 August 2006 / surrendered j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 7 August 2008, shows that at the time of the evaluation there was evidence present of psychological concerns, related to his recent deployment and the recent loss of his friend. The applicant needed to receive supportive counseling, from DBH, to address his current issues. The applicant denied any suicidal or homicidal thoughts, at the time of his session. The applicant was not cleared for administrative action, involving Chapter 14. Report of Mental Status Evaluation, dated 29 August 2008, shows the applicant was diagnosed with Axis I for post deployment issues with depression and anxiety, alcohol abuse, bereavement; Axis III for back and neck injury; and Axis IV for numerous legal issues. It was noted that the applicant was pending Chapter 14 under UCMJ Action. The applicant had been evaluated and was mentally able to understand the chapter proceedings. Despite attempts to rehabilitate the applicant continued to engage in destructive behavior such as abusing alcohol. The applicant was hospitalized on March 2008 for alcohol abuse and has continued to use since then. The applicant had demonstrated that he was not amenable to treatment and refused to comply with treatment. The applicant stated that he just wanted to go home and receive treatment there and through the Veteran's hospital. The applicant had persistent symptoms of anxiety and depression upon return from Iraq in November 2007. He received a neck and back injury in June 2008. It was noted that he should also be evaluated for PTSD and TBI. He was involved in an accident resulting in the death of his close friend. This warrants further evaluation, thus he should report to the VA Hospital upon his returning home. The applicant's conditions and behaviors cause severe interference with his ability to perform his job. It was recommended that the unit proceed with the Chapter 14, and his pursue counseling upon returning home. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; excerpts from his service treatment records; official military personnel file; and VA Rating Board Decisions. The Department of Veterans Affairs decision letters, dated 11 March 2015 and 27 April 2015, show the applicant was awarded 50 percent service connected disability for PTSD with TBI. 6. POST SERVICE ACCOMPLISHMENTS: None submitted 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 14-12b 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 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 applicant seeks relief contending, in effect, that his discharge should be upgraded due to previously undiagnosed PTSD and TBI symptoms that had an adverse impact on his ability to function adequately as a Soldier in the US Army. He contends as reflected by his DD Form 214, he served in combat operations in Iraq from 14 October 2006 to 11 November 2007, and received a combat action badge due to his experiences in combat which involved engaging enemy combatants with small arms fire. He was also exposed to two separate IED explosions in Iraq. Immediately upon returning from Iraq in November 2007, he began to use alcohol to deal with the intrusive memories, chronic headaches, and sleep issues associated with PTSD and TBI. He was on a temporary profile in November and December of 2007 due to concerns of TBI, and the examiner noted depression and anxiety at a discharge mental health physical. However, he was not diagnosed either with TBI or PTSD at the time, nor was he offered counseling to help with a proper diagnosis and therapy. All of the negative behavioral issues that led to his general (under honorable conditions) discharge occurred after he returned from Iraq, and can be attributed to his symptoms commonly associated with PTSD to include excessive use of alcohol, depression, anxiety, irritability, sleep disorders, and headaches. The symptoms and associated behavior issues continued following his discharge from service, and he was eventually granted service connected compensations for PTSD and TBI by the Veterans Administration. He believes his military record shows a direct correlation between the onset of PTSD and TBI related symptoms and his negative behavior over the final 10 months of his military service. The applicant's contentions were noted; record contains documentation that supports a diagnosis of in service Post-Traumatic Stress Disorder (PTSD); however, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 28 June 2007, the applicant underwent a mental status evaluation which indicates that on 29 August 2008, the applicant was diagnosed with Axis I for post deployment issues with depression and anxiety, alcohol abuse, bereavement; Axis III for back and neck injury; and Axis IV for numerous legal issues. It was noted that the applicant was pending Chapter 14 under UCMJ Action. The applicant had been evaluated and was mentally able to understand the chapter proceedings. Despite attempts to rehabilitate the applicant continued to engage in destructive behavior such as abusing alcohol. The applicant was hospitalized on March 2008 for alcohol abuse and had continued to use alcohol. The applicant had demonstrated that he was not amenable to treatment and refused to comply with treatment. The applicant stated that he just wanted to go home and receive treatment there and through the Veteran's hospital. The applicant had persistent symptoms of anxiety and depression upon return from Iraq in November 2007. He received a neck and back injury in June 2008. It was noted that he should also be evaluated for PTSD and TBI. He was involved in an accident resulting in the death of his close friend. This warrants further evaluation, thus he should report to the VA Hospital upon his returning home. The applicant's conditions and behaviors cause severe interference with his ability to perform his job. It was recommended that the unit proceed with the Chapter 14, and his pursue counseling upon returning home. It was noted that he was mentally responsible, with thought content as clear, and was able to recognize right from wrong. It appears the applicant's chain of command determined that although he was suffering from PTSD, he knew the difference between what was right and wrong as indicated by the mental status evaluation. Further, there are many Soldiers with the same condition that completed their service successfully. Also, it should be noted, the fact the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. 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 character of the applicant's discharge is commensurate with his overall service 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 3-2 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of PTSD and OBH). Therefore, the Board voted to grant relief in the form of an upgrade of 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 AR20180008879 1