1. Applicant's Name: a. Application Date: 11 May 2019 b. Date Received: 4 June 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, during the last year of third enlistment, applicant experienced the tremendous effects of PTSD and depression. When the applciant returned from second deployment, applicant was facing a divorce, dealing with an undiagnosed PTSD, and trying to maintain that everything was doing okay. Things started to crumble around the applicant and the applicant resorted to drinking to cope with the pain resulting from combat experiences and losing the relationship with spouse. The applicant was fearful of reaching out for help as it was a goal to become an Army Ranger. It extremely upsets the applicant when reflecting back on experiences as a very young Soldier, and allowing things to get out of control. The applicant has since sought treatment and currently maintains sobriety. With the applicant's faith and support system, the applicant is doing better. However, the applicant's current discharge does not allow help with VA, nor obtain an employment. An upgrade would provide the applicant the chance to be productive again in society. 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 ADHD; Alcohol Abuse; Alcohol Dependence; Depression; Mood Disorder; Marital Problem. The applicant is 90% service-connected 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 12 August 2020, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service and prior period of honorable service. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. (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 / Under Other Than Honorable Conditions b. Date of Discharge: 8 June 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 April 2016 (2) Basis for Separation: The applicant was informed of the following reasons: On 8 July 2015, with intent to deceive, the applicant made to 2LT A.E.B., an official statement, to wit: that the applicant was present at the Foreign Weapons Course (FWC) from 6 July 2015 until 10 July 2015, which statement was false. On 16 January 2016, the applicant controlled a motor vehicle while drunk with a BAC of .127. On 8 March 2016, the applicant withheld a fragmentary grenade, military property, of a value of less than $500, the property of the U.S. Government. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 10 May 2016 (5) Administrative Separation Board: Waived pursuant to an accepted Offer to Plead Guilty, dated 4 April 2016, in exchange for referral of court-martial charges to a summary court-martial (6) Separation Decision Date / Characterization: 17 May 2016 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 May 2015 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-6 / 11B20, Infantryman / 9 years, 6 months, 19 days d. Prior Service / Characterizations: RA (20 November 2006 to 20 May 2009) / HD RA (21 May 2009 to 13 December 2011) / HD RA (14 December 2011 to 5 May 2015) / HD e. Overseas Service / Combat Service: SWA / Afghanistan (18 April 2008 to 24 March 2009), (28 February 2013 to 10 November 2013) f. Awards and Decorations: ARCOM-3; AAM-4; AGCM-2; NDSM; ACM-2CS; GWOTSM; NCOPDR; ASR; OSR; NATO MDL; CIB g. Performance Ratings: None received during period of service under current review 1 May 2010 thru 29 April 2011, Among the Best 30 April 2011 thru 20 February 2012, Among the Best 21 February 2012 thru 20 February 2013, Among the Best 3 February 2014 thru 2 February 2015, Among the Best h. Disciplinary Action(s) / Evidentiary Record: Counseling statements for failing to be at his appointed place of duty at the prescribed time on numerous occasions. FG Article 15, dated 24 November 2015, for being AWOL on 6 July 2015 to 10 July 2015, and making a false official statement on 8 July 2015. The punishment consisted of a reduction to E-5, forfeiture of $1,475 pay per month for two months, and 45 days of extra duty and restriction. General Officer Memorandum of Reprimand, dated 20 January 2016, indicates the applicant was reprimanded for driving under the influence and failing to maintain his lane on 16 January 2016. Offer to Plead Guilty, dated 4 April 2016, to Charges II, III, and IV and its Specifications, to waive rights to an administrative separation board, and to waive personal appearance of witnesses outside Fort Stewart, in exchange for the referral of charges to a Summary Court- Martial. The Offer was accepted on 11 April 2016. Report of Result of Trial and its associated documents reports that on 15 April 2016, the applicant was found guilty of Charge II, violation of Article 107, UCMJ, for making a false official statement on 8 July 2015; Charge III, violation of Article 121, UCMJ, for withholding a fragmentary grenade, military property, on 8 March 2016; and Charge IV, violation of Article 134, UCMJ, for breaking restriction on 28 November 2015. The sentence consisted of a reduction to E-4, forfeiture of $1,993 pay per month for one month, and two months of restriction. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Applicant's documentary evidence: Licensed Professional Counselor letter, dated 21 May 2019, indicates the applicant was being treated for chronic PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for the Correction of Military Record), dated 11 May 2019; licensed professional counselor letter, dated 21 May 2019; applicant-authored statement; CIB Orders; ERB; AGCM information sheet; DD Form 214; MOB Orders; enlistment/reenlistment documents; AGCM Orders; four NCOERs; and congressional correspondence. 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 requests an upgrade of his under other than honorable conditions discharge to honorable. 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 experiencing tremendous effects of PTSD and depression from his combat experience and losing relationship with his spouse, were carefully considered. A careful review of 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. The applicant contends an upgrade would allow him to seek treatment with the VA and obtain employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, eligibility for veterans' benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. In consideration of the applicant's service accomplishments and quality of his service prior to these incidents, 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. The applicant contends that he was a very young Soldier at the time of the discharge. However, the record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. 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 12 August 2020, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service and prior period of honorable service, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. 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: General Under Honorable Conditions 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 AR20190006932 2