1. Applicant's Name: a. Application Date: 30 August 2018 b. Date Received: 30 October 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, requests an upgrade of discharge characterization due to an untreated service connected disability. The applicant was discharged because the applicant began struggling to keep up with a few bills and had a number of absences at morning / PT formation. Page 2 of the applicant's DD Form 293 was submitted with the application, which the applicant indicated the issues were continued in block 13. 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 no BH diagnoses while on active duty. The applicant is 70% service-connected for PTSD from the VA. The applicant has also been diagnosed with Major Depressive Disorder and Adjustment Disorder. In summary, the applicant has a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 13 March 2020, 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, the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD), and a prior period of honorable service. 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: 8 September 2010 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he failed to go at the time prescribed to his place of duty on several occasions between (23 July 2009 and 15 June 2010); and he became indebted to Mrs., C., in the sum of $550 for monthly rent, which he dishonorably failed to pay (1 February 2010 to 26 May 2010). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 11 August 2010 (5) Administrative Separation Board: (6) Separation Decision Date / Characterization: 19 August 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 August 2008 / 5 years b. Age at Enlistment / Education / GT Score: 23 years / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-4 / 42A10, Human Resources Specialist / 42L10, Administrative Specialist / 5 years, 8 months, 29 days d. Prior Service / Characterizations: USN, 20 September 2004 to 16 December 2004 / UNC (Break In Service) ARNG, 7 March 2005 to 12 April 2005 / NA IADT, 13 April 2005 to 30 July 2005 / UNC ARNG, 31 July 2005 to 22 March 2006 / HD RA, 23 March 2006 to 1 August 2008 / HD e. Overseas Service / Combat Service: SWA / Iraq, 28 August 2007 to 2 December 2008 f. Awards and Decorations: ARCOM, NDSM, ICM-CS, GWOTSM, ASR, OSR, CGGCM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 9 March 2010, for without authority, fail to go at the time prescribed to his appointed place of duty x2 (23 February 2010 and 23 February 2010); extra duty for 14 days. CG Article 15, dated 8 December 2009, for without authority, fail to go at the time prescribed to his appointed place of duty x2 (23 July 2009 and 27 July 2009); and without authority, fail to go at the time prescribed to his appointed place of duty on divers occasions between (13 October 2009 and 29 October 2009); reduction to PFC / E-3 and 14 days extra duty. Report of Mental Status Evaluation, dated 27 August 2010, revealed that the applicant denied any current or history of psychiatric disorders impairing his overall functioning. He was responsible for his actions; and he was psychiatrically cleared for separation under Chapter 14. The applicant received numerous negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (page 1); VA letter, certification of service; VA summary of benefits letter (two pages); and a DD form 214. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. Page 2 of the applicant's DD Form 293 was submitted with the application, which he indicated his issues were continued in block 13. 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. By the documented pattern of misconduct, the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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, he requests an upgrade of his discharge characterization due to an untreated service connected disability. The applicant submitted a VA document that shows he had one or more service connected disabilities; however, the document did not specify what those disabilities consisted of and treatment if any. The applicant further contends, he was discharged because he began struggling to keep up with a few bills and had a number of absences at morning / PT formation. 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 13 March 2020, 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, the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD), and a prior period of honorable service. 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 AR20180016476 1