1. Applicant's Name: a. Application Date: 27 August 2018 b. Date Received: 10 September 2018 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, medical issues affected the applicant's ability to fully carry out duties as required. The applicant now believes that the treatment has allowed the applicant to be in a much better place to take back much of the control and understanding lost during this period of life. The applicant believes that with the treatment and counseling has enable the ability to identify the ailments that were barriers in carrying out these duties and believes that these should not be the defining description of a career and service to a country, the applicant was and is proud to serve. In 2004, the unit was activated to mobilize in the War on Terrorism and in 2005 and was sent to Iraq. This deployment was a life changing experience that challenged the applicant with some very hard days that would forever change the applicant. The applicant went through things that were very traumatic and upon returning home, had a lot of difficulties adjusting to being back to a normal world after just being in a warzone. Eventually with the help of family, the applicant began to seek professional help in getting back to the person the applicant used to be. In 2010, the applicant was diagnosed by a psychiatrist at Catholic Services as having PTSD, depression, and anxiety. The diagnoses were hard to accept, but was relieved to put a name to the things the applicant had been feeling since redeployment. During this period, the applicant was also enrolled in therapeutic counseling, which allowed the applicant to try to address these issues. In 2012, the VA approved the applicant for disability benefits on the basis of PTSD. The therapy the applicant received did not cure these feelings and actions, but allowed to put oneself back together and to acknowledge both what had changed and what the applicant was going through. Since starting the treatments and therapy, the applicant has been enrolled in both community college and a four-year college. The applicant first earned an Associates of Arts degree in 2015 and in April 2018, earned a BA in History with a minor in Social Studies. The applicant's intentions are to teach secondary grades 6 through 12 and is fully committed to using time and passion to see the kids in the community excel and work through their problems and become better in all they do. The applicant is also totally drug free and fully committed to staying drug free. The applicant is currently in the Master's program at Eastern Michigan University and is expected to graduate in 2019. The applicant has begun to reach out and help many friends and colleagues from the military in confronting continuing trials. The applicant uses personal time to volunteer for several groups and organizations in and around the community. The applicant states a major part of life that is prideful of is service to the country and community. One of the most shameful aspects of life is the discharge the applicant received for the second enlistment in the Army Reserve. The applicant has great pride in service and does not believe this should stain the record because the discharge was a direct result of undiagnosed PTSD. The applicant cherishes every day spent in uniform and always will. The applicant knows that in the heart and mind, is a Soldier, a person, and a member of a community that the Army desires to give back to society and the Army can rest easy in knowing that they built a fine Soldier. 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 the applicant did not have any in- service behavioral health diagnoses. The VA has diagnosed the applicant with Depression, Marijuana Dependence, and PTSD unspecified. The applicant has a 70% service-connected rating for PTSD through the VA. In summary, due to the basis of separation is unknown, a determination on whether or not the applicant had a mitigating behavioral health diagnoses for the misconduct which led to separation from the Army cannot be made. In a records review conducted at Arlington, VA on 9 January 2019 2018, 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: NIF / AR 135-178 / NIF / NIF / NIF / Under Other Than Honorable Conditions b. Date of Discharge: 2 December 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 January 2000 / 8 years b. Age at Enlistment / Education / GT Score: 19 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 21W10, Carpentry and Masonry Specialist / 7 years, 10 months, 5 days d. Prior Service / Characterizations: IADT, 24 February 2000 - 7 July 2000 / UNC (Concurrent Service) AD, 17 November 2004 - 16 January 2006 / HD (Concurrent Service) e. Overseas Service / Combat Service: SWA / Iraq (27 February 2004 - 4 December 2005) f. Awards and Decorations: ARCOM, AGCM, NDSM, ICM, GWOTSM, AFRMM, ASR OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of his VA disability rating decision, dated 2 November 2012, which reflects the applicant was rated 70 percent disability for PTSD with adjustment disorder and cannabis dependence. 5. APPLICANT-PROVIDED EVIDENCE: DA Form 638; DD Form 149; two DD Forms 214; a self- authored statement; memorandum of support; five award certificates; ARCOTR memorandum; two letters of commendation; Discharge Orders; Graduate program acceptance letter; transcripts; VA Rating Decision letter; and, five letters of support. 6. POST SERVICE ACCOMPLISHMENTS: The applicant earned an Associate's degree; Bachelor's Degree and is enrolled in a Master's program. He is drug free and fully committed to staying drug free. He uses his time to volunteer for several groups and organizations in and around his community. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. The characterization is based upon the quality of the Soldier's service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army regulations, and the time-honored customs and traditions of the Army. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized if the Soldier is in entry-level status. However, the permissible range of characterization varies based on the reason for separation. 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 under other than honorable conditions discharge to honorable. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. However, the service record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army Reserve. However, the applicant's record does contain a properly constituted discharge Orders 07-336-00030, dated 2 December 2007. Barring evidence to the contrary, it appears all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the type of discharge he received from the U.S. Army Reserve. The orders indicate the applicant was discharged under the provisions of AR 135-178, with a characterization of service of Under Other Than Honorable Conditions The applicant contends the VA has granted him a service connected disability for 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 applicant's service record is void of a mental status evaluation. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong. The applicant contends that he had good service which included a combat tour. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The third party statements provided with the application speak highly of the applicant's performance. They all recognize his good while serving in the Army or after his discharge; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's complete chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. If the applicant desires a personal appearance hearing, it will 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. 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 that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 9 January 2019 2018, 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 AR20180013333 1