1. Applicant's Name: a. Application Date: 19 March 2019 (within 15-year period) and 9 October 2019 b. Date Received: 28 March 2019 c. Counsel: 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 to "'Secretarial Authority.'" The applicant and the counsel on behalf of the applicant seek relief contending, in pertinent part and in effect, the applicant's military service prior to the misconduct and life since discharge are of a nature that requires an upgrade. Suffering from a mental health condition caused by combat service mitigates the conduct that led to discharge. The request for relief should be granted on equitable grounds, based on: the applicant's highly decorated quality of combat service and post-service accomplishments; the struggles with diagnosed mental health disorders; and the ADRB's recent cases that closely resemble the facts of this case; wherein, the application should be reviewed with "'liberal consideration'" and the applicant's outstanding post-service conduct. Since discharge, the applicant has been very devoted to Family and the community (the applicant is described as being on the right path and doing the best to be productive, positive, and a valuable contribution to society), and with a successful career as a security officer-the applicant holds two jobs as a security officer for two different companies, working 80 hours per week. The applicant has also earned an Associate's degree and certification in information technology fundamentals, and received additional recognitions. (The counsel-authored brief details the applicant's enlistment, combat (being exposed to the horrors of war and witnessing horrific events in Iraq), achievements during active duty service, the struggles with PTSD and other behavioral health issues (including a subsequent filing for conscientious objector status that was lost), and post- service life and accomplishments.) Additionally, the applicant's current discharge is a hindrance to pursuing new career opportunities in information technology that requires security clearance. 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 due to the period of service, the applicant's active duty records are unavailable for review. The applicant does not have any VA records available for review. Civilian medical documentation indicates BH diagnoses of PTSD and Major Depressive Disorder. In summary, the applicant has a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a personal appearance hearing conducted at Arlington, VA on 27 January 2020, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's combat service, homelessness, the circumstances surrounding the discharge (i.e. post-service diagnoses of PTSD and OBHI), and post-service accomplishments. 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: 7 April 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 March 2004 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant disrespected a noncommissioned officer. The applicant failed to be at his appointed place of duty at the prescribed time on numerous occasions. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 24 March 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 24 March 2004 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 June 2002 / 5 years b. Age at Enlistment / Education / GT Score: 25 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11C 10, Indirect Fire Infantryman / 1 year, 9 months, 12 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA / Iraq (22 November 2002 to 11 August 2003) f. Awards and Decorations: NDSM; GWOTEM; GWOTSM; AFEM; ASR; PUC (Army) g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Counseling statements for disobeying his first sergeant by not going into parade rest; being disrespectful in language and deportment toward NCOs; disobeying military policemen; failing to be at his appointed place of duty at the prescribed time on several occasions; implementing measures to prevent future incidents; and corrective training being imposed. Military Police Report, dated 11 February 2004, indicates the applicant was the subject of an investigation for failing to obey a general order; disrespecting other NCOs/police officers; resisting apprehension (military); and making provoking speech/gestures. Mental Status Evaluation, dated 12 February 2004, indicates the applicant was hospitalized on 11 February 2004, and added that he was mentally fit for any administrative action deemed appropriate by his command. FG Article 15, dated 18 March 2004, for being disrespectful in deportment towards his first sergeant on 12 February 2004, and disobeying an NCO on 12 February 2004. The punishment consisted of a reduction to E-1, forfeiture of $586 pay per month for two months, and 45 days of extra duty and restriction. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Medical Record - Patient Release/Discharge Instructions, dated 13 February 2004, indicates the applicant was hospitalized for behavioral health issues due to an altercation with some members of his command with indications of changing his political ideals to becoming a conscientious objector. The instructions included a final diagnosis of an adjustment disorder and discharged with follow-up appointments with Division Mental Health. Applicant's documentary evidence: Medical records, dated July 2018, reflects behavioral health issues and treatment, including assessment of "Axis I: PTSD." 5. APPLICANT-PROVIDED EVIDENCE: Two DD Form 293 (Applications for the Review of Discharge), dated 19 March 2019, and 9 October 2019, with attorney-authored brief and list of exhibits attached. 6. POST SERVICE ACCOMPLISHMENTS: Since his discharge, the applicant was described as being very devoted to his Family and community (he is described as being on the right path and doing his best to be productive, positive, and a valuable contribution to society), and with a successful career as a security officer-he holds two jobs as a security officer for two different companies, working 80 hours per week. He has also earned an Associate's degree and certification in information technology fundamentals, and received additional recognitions. 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 to "'Secretarial Authority.'" 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's contentions regarding his behavioral health issues which involved being diagnosed with PTSD and suffering from its symptoms, were carefully considered. 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 prior to these incidents of misconduct, and his post-service accomplishments attested to by his character reference statements, the Board can find that his complete period of service was not sufficiently mitigating to warrant an upgrade of his characterization of service and change the narrative reason for his discharge. The Army Discharge Review Board is authorized to consider post-service factors in the re- characterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The applicant contends that an upgrade of his discharge would allow him to obtain better employment opportunities. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): Legal Brief - 1 Page Medical Documents - 5 Pages b. The applicant presented the following additional contention(s): Applicant and counsel provided oral arguments in support of the contentions they provided in their written submissions and in support of their documentary evidence c. Witness(es) / Observer(s) / Counsel: 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 27 January 2020, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's combat service, homelessness, the circumstances surrounding the discharge (i.e. post-service diagnoses of PTSD and OBHI), and post-service accomplishments. 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. 11. 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 AR20190004972 7