1. Applicant's Name: a. Application Date: 25 February 2019 b. Date Received: 4 March 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and to change the narrative reason for discharge. The applicant seeks relief contending, in pertinent part and in effect, the discharge was improper because the applicant was suffering from an undiagnosed mental health condition (Post-Traumatic Stress Disorder and Nightmare Disorder). The applicant never had any disciplinary issues. The applicant was a dedicated, ambitious, and a hard-charging Soldier, who completed mission and requested for the next mission. The applicant received a leadership position early in the career at a Sergeant and received several awards. During a tour in Afghanistan, the applicant faced multiple challenges that would change life forever. The applicant encountered mortar fires and saw battle buddies get shrapnel wounds. The applicant was always on edge. The applicant was never able to have a steady mindset. The applicant dealt with a close friend never returning from a mission due to the convoy being hit by an IED. Upon redeployment, the wife noticed the applicant had changed and abnormal behavior. They were unable to communicate about things as the applicant would have angry outbursts-the applicant would lock oneself in a room to get away. The applicant started drinking alcohol. When the applicant shared with her that the applicant wanted to get help, but was too ashamed and embarrassed, she agreed to help, but eventually, left. The undiagnosed behavioral health condition worsened. The applicant received a DUI in 2015 and again, in 2017. At the 2017 DUI, the applicant informed the chain of command of the situation, and was referred to the behavioral health clinic. (The applicant detailed the events and circumstances surrounding the PTSD symptoms and finally deciding to seek help through the chain of command.) However, the applicant was already being processed for separation. While receiving counseling and prior to separation, the applicant successfully opened a business called, "Big T's Hookah." Since discharge, the applicant attended a university pursuing a Bachelor's Degree in electrical engineering. The VA diagnosed the applicant with PTSD that resulted from combat experience. The applicant has been receiving treatment, but the "conditions are stagnant," because all the applicant is remembered by is the misconduct. Every day is challenging for the applicant because the applicant experiences returning to a "dark area and shut down for days at a time." 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 depressed mood, Alcohol Use, and Generalized Anxiety Disorder. The applicant is 100% service-connected; 70% for PTSD from the VA. In summary, the applicant has 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 2 October 2019, and by a 5-0 vote, the Board determined the discharge is improper because the command used misconduct from a previous enlistment and the separation authority did not specifically state the earlier misconduct was not considered for the purpose of characterization. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (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: 12 November 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 April 2018 (2) Basis for Separation: The applicant was informed of the following reasons: On 9 December 2017, the applicant was apprehended by Lawton Police for driving under the influence of alcohol. As a result, he received a General Officer Memorandum of Reprimand. On 29 May 2017, the applicant failed to obey a lawful order issued to him by CPT J.P.T, to not make contact of any kind with PFC M.K., until rescinded by CPT J.P.T. On 1 July 2016, the applicant failed to obey a lawful order issued to him by COL C.P.T., to maintain a battle buddy while off-post during the hours of 2100-0100, Camp Casey, Republic of Korea. On 1 July 2016, the applicant assaulted K-M.Y., by scratching him on the arm. On 5 April 2015, the applicant was apprehended by Clarksville Police, Tennessee, for refusing to submit to a field sobriety test and reckless driving. As a result, he received a General Officer Memorandum of Reprimand. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 18 May 2018 (5) Administrative Separation Board: Conditionally waived, contingent upon receiving no less than a General (Under Honorable Conditions) discharge (6) Separation Decision Date / Characterization: 3 August 2018 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 August 2016 / 3 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-5 / 14P20, 2B I FPIC (Air and Missile Defense) Crewmember / 6 years, 11 months, 28 days d. Prior Service / Characterizations: RA (15 November 2011 to 20 June 2014) / HD RA (21 June 2014 to 31 July 2016) / HD e. Overseas Service / Combat Service: Korea x 2, SWA / Afghanistan (10 February 2014 to 29 October 2014) f. Awards and Decorations: AAM-2; AGCM-2; NDSM; ACM-CS; GWOTSM; KDSM-2; NCOPDR; ASR; OSR-3; NATO MDL; MUC; CAB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand with its associated documents, dated 28 May 2015, indicate the applicant was reprimanded for driving under the influence of alcohol on 5 April 2015. FG Article 15, dated 27 September 2016, for disobeying a superior commissioned officer on 1 July 2016, and for committing an assault on 1 July 2016. The punishment consisted of a reduction to E-4, forfeiture of $1,191 pay per month for two months, and 20 days of extra duty and restriction. Counseling statement for violating a non-contact order. Summarized Article 15, dated 20 July 2017, for disobeying a superior commissioned officer on 29 May 2017. The punishment consisted of 14 days of extra duty, 14 days of restriction (suspended), and an oral reprimand. General Officer Memorandum of Reprimand with its associated documents, dated 15 December 2017, indicate the applicant was reprimanded for being arrested for driving under the influence of alcohol on 9 December 2017. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 16 March 2018, indicates a "BH Diagnosis" of "Alcohol Use Disorder." Report of Medical History, dated 16 April 2018, indicates the applicant and the examiner noted behavioral health issues. The applicant's documentary evidence: VA letter, dated 26 February 2019, shows a combined disability rating of 90 percent, of which, 70 percent evaluation was for service- connected PTSD - Combat. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 25 February 2019, with self-authored statement; university admission notification; VA letter, dated 26 February 2019; two character reference/supporting statements; business certificate; voluminous VA medical records; and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, that while on active duty, he successfully opened a business called, "Big T's Hookah," and since his discharge, he has been attending a university pursuing a Bachelor's Degree in electrical engineering. 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 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. 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 contends he was suffering from an undiagnosed mental health condition (Post- Traumatic Stress Disorder and Nightmare Disorder). 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. In consideration of the applicant's service accomplishments and quality of his service, and his post-service accomplishments, the Board can find that his accomplishments and complete period of service were or were not sufficiently mitigating to warrant an upgrade of his characterization of service and change the narrative reason for his discharge. The applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives and as approved by the separation authority. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 14, paragraph 14-12c is "Misconduct (Serious Offense)," and the separation code is JKQ. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The unit commander's notification memorandum, dated 25 April 2018, contained offenses the applicant committed in a prior period of service. Specifically, an Article 15 the applicant received on 27 September 2016, for offenses that occurred prior to 1 August 2016, and a GOMOR for a DUI, dated 28 May 2015. The government's presumption of regularity cannot be applied in this case because the command used misconduct from a previous enlistment and the separation authority did not specifically state the earlier misconduct was not considered for the purpose of characterization. Army Regulation 635-200 specifically requires the separation authority to state on the record that the misconduct from a previous enlistment was not considered for the purpose of characterization, the absence of such a statement makes the record irregular and the Army Discharge Review Board must consider this as an issue of fact when determining the applicant's characterization of service. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 2 October 2019, and by a 5-0 vote, the Board determined the discharge is improper because the command used misconduct from a previous enlistment and the separation authority did not specifically state the earlier misconduct was not considered for the purpose of characterization. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: 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 AR20190004791 1