1. Applicant's Name: a. Application Date: 20 October 2018 b. Date Received: 6 November 2018 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and a narrative reason change. The applicant seeks relief contending, in effect, for reasons of equity and impropriety. The evidence of record reflects the applicant had a prior records review conducted at Arlington, VA on 12 May 2017. 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 Pervasive Developmental Disorder, PTSD, Adjustment Disorder with Disturbance of Emotions, Learning Disability, Chronic Adjustment Disorder, and Personality Disorder NOS. The applicant does not currently have a service-connected rating from the VA. The VA has diagnosed the applicant with Anxiety Disorder, PTSD, Depressive Disorder secondary to PTSD, and Persistent Nightmares. In summary, the applicant had a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a personal appearance hearing conducted at Arlington, VA on 20 May 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's combat service and the circumstances surrounding the discharge (i.e. in-service diagnoses of PTSD and OBH). Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 6 January 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 28 November 2009 (2) Basis for Separation: The applicant was informed of the following reasons: made a false official statement to a commissioned officer "I am an only child and the only one in his family able to care for his father (between 1 May and 30 May 2009); derelict in the performance of his duties as a Soldier in that he failed to maintain accountability of his ACH and cover and lost them both (15 July 2009) and (between 17 July 2009 and the present); quit his post as guard without being properly relieved as instructed by SFC M (17 July 2009); feigned mental illness and or derangement during a time of war for the purpose of avoiding his duty as a 21B (17 July 2009 to the present); failed to report to his appointed place of duty at his appointed time, to wit; motor pool (5 September 2009); disobeyed a direct order from SSG C. to report at 1030 to the company area (11 September 2009); caught going through file in SFC D's area without orders or permission (between 18 October and 31 October 2009); and, failed to shave IAW AR 670-1 (26 November 2009). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 2 December 2009 and 4 December 2009, the applicant consulted with legal counsel and refused to sign the documents. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 5 December 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 September 2008 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 22 / Associate's Degree / 91 c. Highest Grade Achieved / MOS / Total Service: E-3 / 21B10, Combat Engineer / 1 year, 3 months, 6 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (13 July 2009 - 2 December 2009) f. Awards and Decorations: ACM-CS, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 4 October 2009, for failure to go at the time prescribed to his appointed place of duty (5 September 2009). The punishment consisted of reduction to E-2, forfeiture of $389 for one month (suspended) and 14 days extra duty. The applicant received numerous negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Behavioral Health Evaluation, dated 1 October 2009, reflects the applicant was diagnosed with (Axis I) adjustment disorder, depressed and R/O Post-Traumatic Stress Disorder and (Axis II) borderline intellectual functioning (would need testing to confirm). The applicant was psychiatrically cleared for any administrative action deemed appropriated by his commander to include chapter separation of UCMJ. Report of Behavioral Health Evaluation, dated 21 October 2009, reflects the applicant was diagnosed with (Axis I) adjustment disorder with mixed disturbance of emotion and conduct (chronic) and (Axis II) personality disorder NOS and borderline and depressed traits. The applicant was psychiatrically cleared for any administrative action deemed appropriated by his commander to include chapter separation of UCMJ. Medical Director Memorandum for Record, dated 2 December 2009, indicates that it is of his opinion that the applicant's case could be amended to include adjustment disorder with depressed mood, pervasive disorder of development, mild, and post-traumatic stress disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214 and 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 12b, pattern of misconduct. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a narrative reason change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that 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 contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12b, AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct," and the separation code is "JKA." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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): Character Reference Letters - 3 Pages b. The applicant presented the following additional contention(s): None c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 20 May 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's combat service and the circumstances surrounding the discharge (i.e. in-service diagnoses of PTSD and OBH). Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, paragraph 14-12a e. Change SPD / RE Code to: JKN / 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 AR20180014434 4