1. Applicant's Name: a. Application Date: 24 August 2018 b. Date Received: 27 August 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, was under a lot of stress due to a divorce and child custody case, as well as PTSD related stress at the time of discharge. The applicant is service connected and rated with a 70 percent disability for PTSD, and receiving mental health treatment through the VA. The applicant was also being treated for a service-related back injury, which includes two lower back surgeries, and still receives treatment through the VA. The behavior that resulted in discharge was a culmination of poor mental and physical health. 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 Martial Problems and PTSD. The applicant has a 70% service-connected rating from the VA for PTSD. In summary, the applicant had 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 10 May 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, and the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD). 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: 30 November 2010 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 25 August 2010 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he was disrespectful in language and deportment toward SFC S.J., by saying to him, "you don't know me motherf ," and "don't be talking about my parenting skills motherf ," or words to that effect and pointing at him (19 May 2010); he made a false official statement to SSG M.F., that he was waiting to be issued a daycare subsidy voucher, which statement was false in that Maryland Family Network does not issue vouchers and that he had not even submitted paperwork to begin the subsidy process (18 May 2010); he made a false official statement to CPT C.E., SFC S.J., SSG J.E., SSG M. F. and SGT A.B., that he had secured day care for his child to start on 18 May 2010, which statement was totally false (3 May 2010); he was disrespectful in deportment toward SFC E.P., by turning and walking away from her while she was talking to him (14 September 2009); and he was given a lawful order by SGT P.M., to report to him at the company with his court documents at 1100 hrs., which he failed to obey by not reporting as ordered (14 September 2009). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 31 August 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 5 October 2010 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: RA, 30 November 2004 / 4 years / current reenlistment contract extending applicant's service to his discharge date is not in the available record. b. Age at Enlistment / Education / GT Score: HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25B10, Information Technology Specialist / 5 years, 10 months, 19 days d. Prior Service / Characterizations: NIF e. Overseas Service / Combat Service: SWA / Iraq, 16 September 2007 to 8 December 2008 f. Awards and Decorations: JSCM, AAM-3, AGCM, NDSM, ICM-ARRW HD, GWOTSM, NOPDR, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 25 September 2009, for were disrespectful in deportment toward SFC E.P., who was then in the execution of her office, by turning and walking away from her as she talked to him (14 September 2009); and having knowledge of a lawful order issued by SGT P., to report to him at the company area with his court documents at 1100hrs, an order which it was his duty to obey, did fail to obey the same by not reporting at the time prescribed (14 September 2009); reduction to PFC / E-3 (suspended) and extra duty for 14 days CG Article 15, dated 26 May 2010, for being disrespectful in language and deportment toward SFC S.J., a superior noncommissioned officer, who was then in the execution of his office, by saying to him, "you don't know me motherf ," and "don't be talking about my parenting skills motherf ," or words to that effect and pointing at him (19 May 2010); with intent to deceive, make to SSG M.F., an official statement, that he was waiting to be issued a daycare subsidy voucher, which statement was false in that Maryland Family Network does not issue vouchers and that he had not even submitted the paperwork to begin the subsidy process, and was then known by him to be so false (18 May 2010); and with intent to deceive, make to CPT C.E., SFC S.J., SSG J.E., SSG M. F. and SGT A.B., an official statement, that he had secured day care for his child to start on 18 May 2010, which statement was totally false, and was then known by him to be so false (3 May 2010); reduction to PFC / E-3, forfeiture of $224 (suspended) and extra duty for 7 days. The applicant received several negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: 12 days lost time, 4 November 2010 to 15 November 2010; after careful examination category of lost time could not be determined j. Diagnosed PTSD / TBI / Behavioral Health: VA documents dated, 31 July 2018, revealed he was diagnosed with PTSD. Related documents show that he has 70 percent service connected disabling rating for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); VA medical documents (122 pages); 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 Army allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. 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. 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 the characterization of service from general (under honorable conditions) 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. 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 was under a lot of stress due to a divorce and child custody case, as well as PTSD related stress at the time of discharge. The record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. The applicant further contends, he is service connected and rated 70 percent disability for PTSD, and receiving Mental Health treatment through the VA. VA mental health documents revealed he was diagnosed with PTSD and he has 70 percent service connected disabling rating for PTSD. The applicant also contends, he was also being treated for a service-related back injury, which includes two lower back surgeries, and he still receives treatment through the VA. VA document, dated 27 September 2017, indicate that the applicant had lumbar radiculopathy surgery and was discharged from the VA hospital. The applicant additionally contends, his behavior that resulted in his discharge, was a culmination of his poor mental and physical health. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his behavior resulting in his discharge was due to poor mental and physical health. 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 10 May 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, and the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD). 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 AR20190000659 1