1. Applicant's Name: a. Application Date: 10 May 2018 b. Date Received: 24 September 2018 c. Previous Records Reviews: 25 April 2015, AR20140007976 9 March 2018, AR20170016133 d. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and to change the narrative reason for discharge. The applicant seeks relief contending, in pertinent part and in effect, the characterization of current discharge was improper, inequitable, and incorrect. (The applicant detailed assignments, performance, achievements, and numerous recognitions.) The applicant states while assisting in humanitarian efforts for Hurricane Katrina Relief, the applicant assisted with mortuary affairs and the local law enforcement with cleaning bodies of those who lost their lives. While on an assignment in Qatar, the applicant was nominated to train others in Iraq- there were mortar attacks and bombs, where the applicant lost a few friends. Upon returning from overseas, the applicant had difficulty adjusting back to garrison life. Life was a nightmare for most of 2012, marriage ended in July 2012, met a female PFC after divorce, and the relationship with the female ended at the onset of 2013-life hit rock bottom. The applicant felt mentally and physically abused and subsequently was involuntarily discharged after serving 10 years. Transitioning to civilian life was difficult as in 2016, the applicant went through another rough time. The applicant is attending an Institute of Technology, holds an outstanding GPA, taking more than full-time classes, and is active in community service organizations. The applicant is continuing treatment with the VA. The applicant feels remorse and regrets the choices. The applicant is seeking an honorable discharge because of inaccurate information in the record and for making an ultimate sacrifice, as the applicant, does not want the career to have been for nothing. 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 Adjustment Disorder with Mixed Emotional Features and Conduct, Dependent Personality Disorder and attendance of the Family Advocacy Program (FAP) while on active duty. The applicant is 70% service-connected for Bipolar Disorder. The VA has diagnosed the applicant with Major Depressive Disorder, Borderline Personality Disorder, Bipolar Disorder, and PTSD. In summary, although the applicant had a BH diagnosis, there is insufficient evidence to determine if the BH diagnosis was mitigating for the misconduct which led to separation from the Army. In a personal appearance hearing conducted at Arlington, VA on 29 April 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, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 26 November 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 22 October 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 April 2008 / 6 years, 10 months (extended on 29 October 2009 and 24 February 2011) b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-6 / 12Y10, Geospatial Engineer / 10 years, 8 months, 13 days d. Prior Service / Characterizations: USAR (14 March 2003 to 16 July 2003) / NA IADT (16 July 2003 to 20 February 2004) / HD USAR (21 February 2004 to 25 October 2004) / HD RA (26 October 2004 to 16 November 2005) / HD RA (17 November 2005 to 29 April 2008) / HD e. Overseas Service / Combat Service: Hawaii, SWA / Qatar (22 May 2006 to 16 September 2006) f. Awards and Decorations: JSCOM; ARCOM-2; AAM-3; AGCM-3; NDSM; GWOTEM; GWOTSM; HSM; NCOPDR-2; ASR g. Performance Ratings: 1 December 2007 thru 16 May 2008, Fully Capable 17 May 2008 thru 16 May 2009, Among the Best 17 May 2009 thru 16 May 2010, Among the Best 17 May 2010 thru 16 May 2011, Among the Best 17 May 2011 thru 16 May 2012, Among the Best 1 July 2012 thru 4 March 2013, RFC, Marginal h. Disciplinary Action(s) / Evidentiary Record: Discharge Orders i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Applicant's documentary evidence containing voluminous medical records, reflect behavioral health issues throughout: Psychiatry History and Physical, dated 12 September 2014 (page 146) and 20 January 2013 (page 150), indicates the applicant was seeing medical assistance for depression, and a history of Bipolar Disorder, and admitted to psychiatric ward on 20 January 2013 for suicidal ideation and bizarre behavior, respectively. Medical records, dated 23 January 2012 (page 175), 25 January 2013 (page 180), and 29 January 2013 (page 183), indicates behavioral health issues of suicidal ideation, that psychiatric diagnosis or condition deferred on axis I. Physician Discharge Summary, dated 5 February 2013, reflects an "AXIS I Diagnosis" of an "Adjustment disorder w/depression (page 191). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 10 May 2018, with Affidavit in Support of Petition; NPRC letter, dated 28 July 2016; DD Forms 214 and 214C; DD Form 214, dated 20 February 2004; Enlistment Documents, dated 14 March 2003; USAR assignment orders, dated 13 November 2003; Basic Lithographer Course diploma, dated 18 February 2004; Enlistment Documents, dated 26 October 2004; photocopy depicting social security; certificate of birth; DA Form 4187, dated 1 September 2004; 2003 medical examination and history; USAR discharge orders, dated 10 November 2004; eight Certificates of Achievement; three AAM Certificates; Enlistment Document, dated 17 November 2005; two AGCM Orders; two Certificates of Completion of courses; Parachute Badge Orders; five Certificates of Training; four Certificates of Recognition; Acceptance and Wear of Foreign Badges, dated 12 December 2007; three Service School Academic Evaluation Reports; Drivers Badge and Operator-S Badge Orders; Enlistment Document, dated 30 April 2008, and extensions; two ARCOM Certificates; Geospatial Engineer Course diploma, dated 2 December 2010; JSCOM Citation, Certificate, and Orders; reassignment orders, dated 18 April 2011; ERB; Separation File; Separation Orders; ERB; / six NCOERs; Psychiatry History and Physical, dated 12 September 2014; voluminous medical records dating in 2013; DA Form 4833 (Commander's Report of Disciplinary or Administrative Action), dated 20 November 2013; MP Report, dated 27 February 2013; DA Form 4833 (Commander's Report of Disciplinary or Administrative Action), dated 18 November 2013; CID Report, dated 7 November 2013; DA Form 4833 (Commander's Report of Disciplinary or Administrative Action), dated 31 May 2013; MP Report, dated 31 May 2013; and MP Report, dated 10 August 2013. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, he is attending an Institute of Technology, where he holds an outstanding GPA, taking more than full-time classes, and he is active in community service organizations. 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. After carefully examining the applicant's available military records, there are insufficient mitigating factors to make a determination upon the applicant's quality of service and the merit of his issues. The applicant's record is void of the documentary evidence of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant's signature, and the separation authority's decision memorandum. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c, by reason of Misconduct (Serious Offense), with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. Although the applicant is scheduled for a personal appearance hearing, it would still be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. 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 numerous contentions that his discharge unjust, because the characterization of his service was improper, inequitable, and incorrect, were carefully considered. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he was unjustly discharged or that his discharge was inequitable. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further sufficient evidence has been provided with the request for an upgrade of the discharge and to change the narrative reason for his discharge. In consideration of the applicant's service accomplishments and quality of his service prior to any incidents of misconduct, and his post-service accomplishments, the Board can find that his complete period of service and accomplishments 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's contentions regarding finding it difficult to adjust after he returned from deployment and his experience with humanitarian efforts, were carefully considered. A careful review of the available record and the applicant's documentary evidence indicate the applicant's behavioral health issues symptoms existed, and the applicant indirectly related that 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. 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. Based on the available 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None b. The applicant presented the following additional contention(s): None c. Witness(es) / Observer(s): 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 29 April 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 AR20180013305 6