1. Applicant's Name: a. Application Date: 15 June 2018 b. Date Received: 21June 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 was the result of undiagnosed mental health issues. The applicant contends that during the time in the Army, the applicant was deployed to Afghanistan and was severely impacted by trauma. The trauma was so severe that the applicant is still in therapy for PTSD almost 8 years after being in the military. The applicant was very young when deployed to Afghanistan (19) years old to be exact and the job was very dangerous. The applicant did tower guard access check point (ACP) and a second rotation was VCP (searching vehicles for bombs). One day while on VCP a vehicle borne improvised explosive device (VBIED), went off and the applicant was hit with the shock wave. The applicant was injured badly and that is when problems started. The initial job was a 92Y, before the unit told the applicant about the location, the applicant was told that about not doing supply in Afghanistan. The applicant would be searching people and vehicles for bombs when arrival into theater. The applicant was scared because of not being trained in country to do that job, but was trained to do supply. Upon returning from deployment, the applicant was asked if there were any mental health problems by the military staff. The applicant told them that about what had been seen and been through and was told that the applicant should get help after leave. During that time, the applicant was having nightmares and sleep problems because of the job and trauma in Afghanistan. During leave, the applicant was drinking to cope with the nightmares, the anxiety, the pain of being 19 years old and put into a dangerous job in which there was no training for until deployment. This led to not come back to the unit on time, because of being scared and felt like the applicant was lied too. The applicant almost died in Afghanistan and as soon as the applicant returned from deployment they sent the applicant into the public, knowing what the applicant had been through. The applicant was discharged because of not being helped, having PTSD and not being able to deal with it. The applicant did not come back, because the Army, unit, and the people in it reminded the applicant of the trauma in war. 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 AXIS I- no diagnosis while on active duty. Post-service, the applicant has a 100% service-connected rating for PTSD through the VA. The VA has also diagnosed the applicant with Major Depressive Disorder, Anxiety, Alcohol Dependence, Back Pain, Hearing Loss, and Obstructive Sleep Apnea. 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 1 May 2019, and by a 5-0 vote, the Board determined that the characterization of service was 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 diagnoses of PTSD). Accordingly, the Board voted to grant relief in the form of an upgrade to 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: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 29 September 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 August 2010 (2) Basis for Separation: The applicant was informed of the following reason: for driving recklessly and threatening the life of a public official (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 13 August 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 September 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 March 2007 / 4 years b. Age at Enlistment / Education / GT Score: 18 / GED / 98 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92Y1P, Unit Supply Specialist / 3 years, 3 months, 19 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (12 February 2009 to 12 February 2010) f. Awards and Decorations: ARCOM, NDSM, ASR, OSR, ACM-CS, NATO MDL g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 16 June 2010, shows the applicant was the subject of investigation for AWOL-failure to go to his place of duty. Report of Behavioral Health Evaluation, dated 14 July 2010, shows the applicant had the mental capacity to understand and participated in the proceedings and was mentally responsible. It was noted that the applicant stated that he was AWOL serving time in the Newberry, SC jail for unpaid speeding tickets. He was being Admin separated for the convenience of the Army. There was no diagnosis and no reason to impede the personnel action. The applicant was psychiatrically cleared for separation. Counseling statement for the act of misconduct (i.e., being AWOL). i. Lost Time / Mode of Return: Total lost time 73 days; Unknown reason 2 days (30 September 2007 to 1 October 2007); AWOL 16 days (27 April 2010 to 12 May 2010), mode of return unknown; Confinement 32 days (13 May 2010 to 14 June 2010); and AWOL 23 days (15 June 2010 to 7 July 2010), mode of return unknown. j. Diagnosed PTSD / TBI / Behavioral Health: NIF; however, independent medical documents submitted by the applicant shows in his list of problems his has issues with anxiety disorder, alcohol dependence, major depressive disorder, generalized anxiety disorder, tobacco dependence cause by cigarettes, herniation of intervertebral disc without myelopathy, pain in right knee, left lag peripheral neuropathy, chronic eczema, obstructive sleep apnea syndrome, sensorineural hearing loss, bilateral, and leukopenia; all which he is receiving medication for. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 219; mental health documents; and letter from the Department of Veterans Affairs showing the applicant is receiving 80 present service connected disability. 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, in effect, that his discharge was the result of undiagnosed mental health issues. The applicant contends that during his time in the Army he was deployed to Afghanistan and was severely impacted by trauma. The trauma was so severe that he is still in therapy for PTSD almost 8 years after being in the military. He was very young when he deployed to Afghanistan (19) years old to be exact and his job was very dangerous. The applicant's contentions were noted; the record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. Also, the record of evidence does not demonstrate that he sought help through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. Additionally, 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 1 May 2019, and by a 5-0 vote, the Board determined that the characterization of service was 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 diagnoses of PTSD). Accordingly, the Board voted to grant relief in the form of an upgrade to 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 AR20180009583 1