1. Applicant's Name: a. Application Date: 23 September 2018 b. Date Received: 30 October 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 pertinent part and in effect, there is no a single black mark on four years of active service record. Instead, there are numerous awards and decorations, including a promotion to SGT/E-5 at three years of service. After returning from a combat tour in Iraq (2004-2005) and upon being transferred to Fort Huachuca for training as a "UAV" operator, the applicant began struggling with PTSD, depression, and substance abuse. The applicant attempted twice to commit suicide. 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 Major Depressive Disorder, PTSD, Substance Abuse, and Cannabis Abuse. VA records indicate the applicant is 70% service-connected for PTSD. In summary, the applicant had a BH diagnosis that was partially mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 1 February 2019, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. in- service and post-service diagnosis of PTSD), a prior period of honorable service, and as a result it is inequitable. Accordingly, 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 18 January 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 22 November 2006 (2) Basis for Separation: The applicant was informed of the following reasons: On 17 January 2006, he tested positive for marijuana. On 18 January 2006, he was arrested for having no mandatory insurance. On 19 July 2006, he was arrested for larceny of AAFES property. On 16 August 2006, 6 September 2006, 19 September 2006, and 22 September 2006, he failed to be at his appointed place of duty at the prescribed time (formations). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 11 December 2006 (5) Administrative Separation Board: 11 December 2006, waived contingent upon receiving no less than a general (under honorable conditions) characterization of service (6) Separation Decision Date / Characterization: 21 December 2006 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 August 2004 / 4 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 127 c. Highest Grade Achieved / MOS / Total Service: E-5 / 21B10, Combat Engineer / 8 years, 1 month, 10 days d. Prior Service / Characterizations: USAR (9 December 1998 to 30 April 2002) / HD RA (1 May 2002 to 22 August 2004) / HD e. Overseas Service / Combat Service: (NIF, but per ERB) SWA / Iraq (15 April 2004 to 20 April 2005) f. Awards and Decorations: ARCOM-2; AAM-2; ARCAM; AGCM-2; NDSM; GWOTEM; GWOTSM; NCOPDR; ASR; ARCOTR-2 g. Performance Ratings: Two NCOERs: March 2004 thru February 2005, Among the Best March 2005 thru July 2005, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for committing larceny of AAFES property, of a value of more than $100; barracks room being in a unsatisfactory condition; smoking in his barracks room; barracks room being unsecured; failing to be at his appointed place of duty at the prescribed time on numerous occasions; being absent without leave; and failing to contact his NCO. An electronic copy of DD Form 2624 (Specimen Custody Document - Drug Testing), dated 31 January 2006, indicates the specimen collected on 17 January 2006, on an "IR" (Inspection, Random) basis, provided by the applicant, tested positive for "THC." FG Article 15, dated 7 June 2006, for wrongfully using marijuana between 19 December 2005 and 17 January 2006. The punishment consisted of a reduction to E-4, and 30 days of extra duty and restriction. Report of Mental Status Evaluation, dated 22 June 2006, indicates the applicant was psychiatrically cleared for any administrative action deemed appropriate by his command. Three separate military police reports, dated 26 April 2006, 20 July 2006, and 18 July 2006, indicate the applicant was the subject of investigations for wrongful use of marijuana, larceny of AAFES property, and no mandatory insurance with defective headlamp, respectively. AAFES letter, dated 21 September 2006, indicates the applicant was charged for shoplifting six items of AAFES merchandise valued at $309.70 on 19 July 2006, and a demand that he reimburse AAFES the amount and an additional administrative cost of $200, at total of $509.70. MP Blotter, dated 28 September 2006, for being apprehended by civil authorities for desertion. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 20 July 2006, indicates an "AXIS I" diagnoses of "Depression (NOS; Rule Out Post Traumatic Stress Disorder," with "Risk Assessment" notes the applicant was severely depressed, who stated he made two suicide attempts in past six months. Applicant's documentary evidence: Report of Mental Status Evaluation, dated 25 July 2006, indicates an "AXIS I" diagnoses of "Depression (NOS; R/O PTSD, Cocaine Abuse," and "AXIS II" as "R/O Personality Disorder." Report of Medical History, dated 13 October 2006, indicates the applicant and examiner noted behavioral health issues and treatment, which included being diagnosed with depression and PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 23 September 2018; DD form 214; four Personnel Actions for promotions and lateral appointment, respectively; promotion Orders, dated 17 February 2004; ARCOTR awardees list; four recommendations for award (AAM x 2) (ARCOM x 2); End of Course Comprehensive Test; counseling statement; AGCM Orders; Report of Mental Health Evaluation and memorandum; Report of Medical History; Report of Mental Status Evaluation, dated 25 July 2006; and Notification of Hospitalization, dated 20 July 2006. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. 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. The applicant's available record of service, and 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, as an NCO, had the duty to support and abide by the Army's drug policies. By the incidents of misconduct, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the Army. 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. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, 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. The applicant's contentions regarding his behavioral health issues which involved struggling with PTSD and depression, were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues along with notable service-connected post-traumatic stress disorder symptoms existed, and the applicant contends 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 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 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 February 2019, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of PTSD), a prior period of honorable service, and as a result it is inequitable. Accordingly, 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. 10. 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 AR20180015375 4