1. Applicant's Name: a. Application Date: 20 August 2018 b. Date Received: 22 August 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 after recently reading both the "Hagel Memo," and the "Kurta Memo," feels this case warrants a review. The applicant requests an upgrade of discharge based on the belief that the discharge was inequitable due to several mitigating factors, including but not limited to, mental health misdiagnoses while serving along with untreated PTSD and TBI, all of which are reflected in the records and personal statement included in the separation. The applicant contends that because of legal issues, general (under honorable conditions) discharge, TBI symptoms and psychological problems, the applicant is struggling to find work and continue to live with anxiety, fear, and paranoia. The applicant also continues to struggle in relationships and with the ability to live life in the same manner the applicant was once able too. The applicant was officially diagnosed with PTSD in May of 2018, although as previously stated in the medical records that numerous doctors noted that symptoms of PTSD were obvious as far back as 2016. 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 ADHD, Depressive Disorder NOS, Anxiety Disorder, Adjustment Disorder, Unspecified Mood Disorder, Antisocial Personality Disorder, and Sleep Disorder. The applicant is 100% service-connected for PTSD from the VA. The VA has also diagnosed the applicant with Unspecified Anxiety Disorder, PTSD, and TBI, by history. In summary, the applicant's BH diagnoses are not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 9 August 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (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-4 / General (Under Honorable Conditions) b. Date of Discharge: 12 January 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 September 2017 (2) Basis for Separation: The applicant was informed of the following reasons: for fleeing or attempting to flee, from apprehension by a law enforcement officer on 12 July 2017. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: On 29 September 2017, the applicant voluntarily waived consideration of his case by an administrative separation board contingent upon his receiving a characterization of service or description of separation no less favorable than honorable. On 14 December 2017, the applicant voluntarily waived consideration of his case by an administrative separation board contingent upon his receiving a characterization of service or description of separation no less favorable than General (Under Honorable Conditions). (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 19 December 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 April 2017 / 6 years b. Age at Enlistment / Education / GT Score: 31 / GED / 111 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B20, Infantryman / 9 years, 10 months, 7 days d. Prior Service / Characterizations: RA, 6 January 2005 to 20 October 2005 / UNC (Break-in-Service) ARNG, 21 January 2009 to 17 February 2009 / NA OAD, 18 February 2009 to 5 June 2009 / UNC ARNG, 6 June 2009 to 27 January 2010 / HD RA, 28 January 2010 to 23 August 2012 / HD RA, 24 August 2012 to 7 May 2015 / HD RA, 8 May 2015 to 20 April 2017 / HD e. Overseas Service / Combat Service: Korea, SWA / Afghanistan (31 May 2012 to 22 February 2013 and 3 July 2016 to 5 August 2016) f. Awards and Decorations: ARCOM-3, AAM-4, AGCM-2, NDSM, GWOTSM, KDSM, NOPDR, ASR, ACM-2CS, OSR-2, NATOMDL, EIB g. Performance Ratings: 23 October 2016 to 12 January 2018, Qualified h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 15 February 2017, for violating a lawful general regulation, by wrongfully using a classified manifest to break his rental agreement on 3 February 2017. The punishment consisted of reduction to E-4 (suspended), forfeiture of $1,267 pay ($633.50 pay suspended), extra duty for 45 days; restriction for 45 days (suspended), and an oral reprimand. Alabama Uniform Incident/Offense Report, dated 12 July 2017. Counseling statement for violation of Operational Security. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF; however, independent medical documents submitted by the applicant from the Department Veterans Affairs show the applicant has issues with post-traumatic distress disorder, traumatic brain injury, major depressive disorder, general anxiety disorder, mood disorder due to medical conditions (hx traumatic brain injury), migraines. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; Criminal Record; VA Medical Records; Military Medical Records; statement of support; Military Discharge Record. 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 available/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 she should have been retained on Active duty. The applicant seeks relief contending that after recently reading both the "Hagel Memo," and the "Kurta Memo," he feels his case warrants a review. He requests an upgrade of his discharge based on his belief that his discharge was inequitable due to several mitigating factors, including but not limited to mental health misdiagnoses while serving along with untreated PTSD and TBI, all of which are reflected in his records and personal statement included in his separation. The applicant contends that because of his legal issues, general (under honorable conditions) discharge, TBI symptoms and psychological problems he is struggling to fine work and continue to live with anxiety, fare, and paranoia. He also continues to struggle in his relationships and with the ability to live life in the same manner he was once able too. He was officially diagnosed with PTSD in May of 2018 although as previously stated in his medical records that numerous doctors noted that symptoms of PTSD were obvious as far back as 2016. The applicant's contentions were noted along the post-service medical documents submitted by the applicant. However, the fact the Veterans Administration has granted the applicant treatment for medical conditions the applicant suffered with 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 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. It should be noted that the service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 4. The discharge packet confirms the separation authority approved the discharge by reason of misconduct (serious offense). Soldiers processed for misconduct (serious offense) will be assigned an SPD Code of JKQ and an RE Code of 3. In view of the foregoing and notwithstanding the propriety of the discharge, it appears that block 27, reentry code should be changed to 3, as approved by the separation authority. 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 9 August 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change 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 AR20180011613 1