1. Applicant's Name: a. Application Date: 22 June 2018 b. Date Received: 2 July 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, has been diagnosed with PTSD, schizophrenic, and major depressive disorder, and is service connect on these. The applicant contends the debilitating diseases started while still in service and only continues to get worse. The applicant and the family have been through a lot. Finally in past years, medicine, groups, and counseling has brought the applicant back to a semi functional person. The applicant has made tremendous gains in behavior and psych. The applicant served proudly and fiercely for 366 days in Iraq and accepts the minor mistakes that were made while enlisted. The applicant now feels deserving of a discharge upgrade. It will help the applicant finish school, feel better about oneself and the service. The applicant is studying for an addiction counseling degree and wants to help others. The applicant feels if the applicant had these meds then the applicant would have not made those mistakes. Evidence in the record shows the applicant had a prior Records Review on 6 May 2011 (AR20100021709); however, based on the claim of PTSD, Schizophrenic, and Major Depressive Disorder the records are being considerate a second time. 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 diagnoses of Insomnia, Depressed Mood, and Anxiety. The applicant is 100% service-connected for Undifferentiated Schizophrenia from the VA. The VA has also diagnosed the applicant with PTSD, Schizophrenia, Schizoaffective Disorder, Homelessness, Opioid Dependence, and Anxiety Disorder. In summary, the applicant had a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 13 June 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (i.e. post-service diagnoses of PTSD and OBH) and homelessness. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF. (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-3 / General (Under Honorable Conditions) b. Date of Discharge: 9 October 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 August 2004 (2) Basis for Separation: The applicant was informed of the following reasons: for submitting a urinalysis that tested positive for cocaine on 23 July 2001 Being found sleeping while on duty on 7 August 2001; Failing to be at his appointed place of duty on 18 June 2003, and these offenses resulted in his receiving a Field Grade Article 15 on 22 July 2003; Being disrespectful to and subsequently, assaulting a superior noncommissioned officer on 13 July 2003; Being absent without authority from his unit from 11 April 2004 to 19 April 2004; and Being derelict in the performance of his duties and failure to return to his appointed place of duty on 20 May 2004. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 10 August 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 1 October 2004 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 October 2000 / 4 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 121 c. Highest Grade Achieved / MOS / Total Service: E-4 / 31R10, Multichannel Transmission System Maintainer/Operator / 3 years, 11 months, 23 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany, SWA / Iraq (5 March 2003 to 5 March 2004) f. Awards and Decorations: NDSM, ASR, OSR, GWOTEM, GWOTSM g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Electronic copy of the DD Form 2624, dated 3 August 2001, reflects the applicant tested positive for Cocaine during an urinalysis testing conducted on 23 July 2001. FG Article 15, dated 22 July 2003, for failing to go at the time prescribed to his appointed place of duty on 18 June 2003; assault on SGT A.G., a noncommissioned officer by throwing a punch at him and being disrespectful in deportment by spitting at his feet on 13 July 2003. The punishment consisted of reduction to E-1, forfeiture of $575 pay per month for two months, and extra duty and restriction for 45 days. Negative counseling statements for various acts of misconduct and performance. i. Lost Time / Mode of Return: AWOL 9 days (11 April 2004 to 19 April 2004) / mode of return unknown. The DD Form 214 under review does not reflect this period of time lost. j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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 14-12c 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 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 that he has been diagnosed with PTSD, schizophrenic, and major depressive disorder, and is service connect on these. He contends the debilitating diseases started while he was still in service and only continues to get worse. He and his family have been through a lot. Finally in past years, medicine, groups, and counseling has brought him back to a semi functional person. He believes he has made tremendous gains in his behavior and psych. He served proudly and fiercely for 366 days in Iraq; he knows and accepts the minor mistakes he made while enlisted. He just feels now he deserves a discharge upgrade. It will help him finish school, feel better about himself and his service. He is studying for an addiction counseling degree and wants to help others. He feels if he had his meds then he would have not made those mistakes. The applicant's contentions were noted; however, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition (i.e. PTSD, schizophrenic, or major depressive disorder). Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service at the time of discharge. Also it should be noted; eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 13 June 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (i.e. post- service diagnoses of PTSD and OBH) and homelessness. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, paragraph 5-3 e. Change SPD / RE Code to: JFF / 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 AR20180009332 3