1. Applicant's Name: a. Application Date: 20 April 2018 b. Date Received: 27 April 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. The Army Discharge Review Board would consider the applicant for a possible upgrade as instructed by Department of Defense Instruction (DoDI) 1332.28. The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and to change the narrative reason for discharge. The applicant seeking relief contending, in pertinent part and in effect, should have been medically discharged for PTSD and TBI. The applicant has been under the care of a psychiatrist since 2005. The applicant received no support from the unit after being diagnosed with PTSD. The applicant suffered with symptoms of PTSD resulting from serving three combat tours in Iraq in 2005, 2007, and 2009, and Afghanistan in 2011. Although the applicant was under the care of a psychiatrist in 2006, the applicant was released to deploy with the unit. The applicant was only allowed to carry a weapon while deployed. In 2007, the applicant witnessed two of Soldiers being killed and it began to take its toll. The applicant drank heavily and all but given up on living. In October 2014, the applicant was arrested for DUI, which led to the current discharge. The doctor did not have time to put the applicant through a medical evaluation board because the unit hastily processed a discharge. The applicant did not receive care for a TBI until after discharge. VA evaluated the applicant for the TBI and PTSD. The PTSD is so severe that the applicant in in the process of obtaining a caregiver. 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 had the following diagnoses: Adjustment Disorder, Depression, and Alcohol Abuse. Post-service, the applicant has diagnosis of TBI and Major Depressive Disorder. The applicant is 50% service-connected for PTSD through the VA. 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 23 January 2019, and by a 4-1 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 TBI), 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 26 June 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 March 2015 (2) Basis for Separation: The applicant received a GOMOR for operating a motor vehicle with a BAC of .108 percent. (3) Recommended Characterization: Under Other Than Honorable Conditions by the unit commander and General (Under Honorable Conditions) by the battalion commander (4) Legal Consultation Date: (5) Administrative Separation Board: 6 April 2015, conditionally waived, contingent upon receiving no less favorable than a general (under honorable conditions) characterization of service (6) Separation Decision Date / Characterization: 19 May 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 October 2007 / 6 years (any extensions or reenlistment following this reenlistment are NIF) b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-5 / 92G20, Food Service Specialist / 11 years, 7 months, 14 days d. Prior Service / Characterizations: RA (13 November 2003 to 2 October 2007) / HD e. Overseas Service / Combat Service: SWA / Afghanistan (4 December 2011 to 5 November 2011), Iraq (16 December 2009 to 10 December 2010), (17 January 2007 to 4 April 2008), (21 January 2005 to 10 January 2006) f. Awards and Decorations: ARCOM-5; AAM-3; AGCM-3; NDSM; ACM-2CS; ICM-CS-4; GWOTEM; GWOTSM; ASR; OSR-4; NATO MDL g. Performance Ratings: Seven NCOERs: 1 February 2008 thru 31 January 2009, Among the Best 1 February 2009 thru 31 January 2010, Fully Capable 1 February 2010 thru 31 January 2011, Fully Capable 1 February 2011 thru 31 January 2012, Among the Best 1 February 2012 thru 31 January 2013, Among the Best 1 February 2013 thru 31 January 2014, Fully Capable 1 February 2014 thru 31 January 2015, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand and its associated documents, dated 12 January 2015, indicates the applicant was reprimanded for an alcohol-related misconduct that resulted from being stopped by civil authorities for traveling 59 miles per hour (MPH) in a 45 MPH zone, failing a series of field sobriety tests, and upon being administered a test, a reading of .108 BAC resulted, which exceeded the State's legal limit of .08 grams per 210 liters. Report of Mental Status Evaluation, dated 25 September 2014, indicates an "AXIS I" diagnosis as "Alcohol Dependence," and it determined that the applicant was psychiatrically fit for administrative action. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: The applicant's documentary evidence: VA letter, dated 24 July 2017, indicates the applicant is 100 percent disabled, and his consultation for sleep study on 18 Jun 2014, indicate behavioral health issues (at page 11); health records, dated 30 September 2014, from 14 March 2011, indicate behavioral health issues (at pages 191, 213, 219, 225, 227, 254, 271, 275, 276); and Progress Notes throughout (most recent, dated 15 December 2016) show his "Active Problems" as "Posttraumatic stress disorder, Anxiety," and specifically one dated 11 January 2016, indicates his medical history and symptoms were consistent with an OEF/OIF deployment related traumatic brain injury, and PTSD and depression (at page 800). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 20 April 2018; DD Form 214; VA letter, dated 24 July 2017; medical record with Consultation Report, dated 18 June 2014; two Emergency Discharge Sheets, dated 29 May 2014 and 7 December 2013; Medical Record-Supplemental Medical Data, dated 6 November 2013; Post-Deployment Health Assessment, dated 13 November 2012; Traumatic Brain Injury Evaluation, dated 10 April 2008; Post-Deployment Health Assessment, dated 2 March 2008; Adult Preventive and Chronic Care Flowsheet; Privacy Act Statement; Anthrax Vaccine Immunization Record; Medical Record - Respective Military Primary Care Screening; Post- Deployment Health Assessment with its associated documents, dated 10 November 2009; Post- Deployment Health Re-Assessment with its associated documents, dated 26 August 2008; medical record with its associated documents, dated 6 May 2008 and Pre-Deployment Behavioral Health Screening; Post-Deployment Health Assessment, dated 12 September 2005; three individual shot records; immunization record; Patient Laboratory Inquiry; Post-Deployment Health Assessment with its associated medical documents, dated 13 and 15 October 2004; voluminous medical records, dated 21 June 2002 through 6 October 2014, and progress notes through 15 December 2016; and two PCS Orders, dated 31 January 2013, and 16 February 2011 and 11 March 2011. 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 did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Board considered the applicant for a possible upgrade as instructed, in pertinent part, by DoDI 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. Accordingly, the applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and to change the narrative reason for his discharge. 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 alcohol policies. By the serious 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. The applicant's contentions regarding his behavioral health issues, including a diagnosis of PTSD, were carefully considered. A careful review of the available record and the applicant's documentary evidence provides behavioral health issues symptoms 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 applicant contends he should have been medically discharged; however, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. 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 requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives. The narrative reason specified by Army Regulation 635-5-1 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 14-12c, for misconduct (serious offense). The regulation further stipulates that no deviation is authorized. 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 23 January 2019, and by a 4-1 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 TBI), 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 AR20180016650 1