1. Applicant's Name: a. Application Date: 13 September 2018 b. Date Received: 18 September 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 the discharge was the result of dealing with PTSD while in the military. The applicant did not know about dealing with those problems and when the applicant did, the applicant did not know where to seek help. 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 anxiety/with disturbance of emotions and conduct, Adjustment Insomnia, Alcohol Abuse, and Concussion. The applicant is 90% service-connected with 70% for PTSD from the VA. The VA has also diagnosed the applicant with Cannabis Dependence, Alcohol Abuse, Major Depressive Disorder, and Psychotic Disorder. In summary, the applicant had a BH diagnosis that is partially mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 3 July 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, and the circumstances surrounding the discharge (i.e. in-service and post-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: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 7 June 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 16 January 2013 (2) Basis for Separation: The applicant was informed of the following reasons: for being disrespectful to a noncommissioned officer on 29 March 2012 and 19 September 2012; Making a false official statement on 19 September 2012; and Failing to report to his place of duty on 10 September 2012 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 28 January 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 May 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 October 2008 / 3 years, 22 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M10, Motor Transport Operator / 4 years, 7 months, 1 day d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (10 December 2009 to 10 December 2010) f. Awards and Decorations: NDSM, ACM-2CS, GWOTSM, ASR, NATOMDL, CAB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 16 November 2011, for being absent from his unit from 17 October 2011 until his return 21 October 2011. The punishment consisted of reduction to E3 (suspended) and extra duty for 14 days. CG Article 15, dated 9 December 2011, for failing to go at the time prescribed to his appointed place of duty on 1 December 2011. The punishment consisted of reduction to E-2, forfeiture of $455 pay per month for one month, extra duty for 14 days; and restriction (suspended). Negative counseling statements for various actions of misconduct and duty performance. i. Lost Time / Mode of Return: AWOL for 4 days (17 October 2011 to 20 October 2011) / mode of return unknown. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 20 November 2012, shows the applicant was diagnosed with an Axis I for adjustment disorder with disturbance of emotions; alcohol abuse (Per AHLTA records). The applicant was screened for post-traumatic stress disorder with a score of 54 (positive). It was noted that the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. Also it was noted while the result indicated an elevation of symptoms (midnight wakening, physical reactions, and angry outbursts and concentration problems) it was likely they were the result of anxiety related to the chapter process. The applicant was psychiatrically cleared for any administrative action deemed appropriated by his command. Documents submitted by the applicant show he was awarded 90 percent service connected disability of which 70 percent was for post-traumatic stress disorder with major depressive disorder and cannabis use disorder in early remission. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; documents from the Department of Veterans Affairs showing the applicant was awarded 70 service connected disability for post- traumatic stress disorder with major depressive disorder and cannabis use disorder in early remission. 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 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 he should have been retained on Active duty. The applicant seeks relief contending that his discharge was the result of him dealing with PTSD while he was in the military. He contends he did not know he was dealing with those problems and when he did he did not know where to seek help. The applicant's contentions were noted; his service record contains documentation that supports a diagnosis of in service Post-Traumatic Stress Disorder (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 record shows that on 20 November 2012, the applicant underwent a mental status evaluation which indicates the applicant was diagnosed with an Axis I for adjustment disorder with disturbance of emotions; alcohol abuse (Per AHLTA records). He was screened for post- traumatic stress disorder with a score of 54 (positive). It was noted that the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. Also it was noted while the result indicated an elevation of symptoms (midnight wakening, physical reactions, and angry outbursts and concentration problems) it was likely they were the result of anxiety related to the chapter process. The applicant was psychiatrically cleared for any administrative action deemed appropriated by his command. It should be noted; the fact the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered 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 medical 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. 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 3 July 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, and the circumstances surrounding the discharge (i.e. in-service and post-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. 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 AR20180015809 1