1. Applicant's Name: a. Application Date: 8 May 2019 b. Date Received: 13 May 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, when the applicant was separated, a hearing was held to determine if the applicant had PTSD that caused poor behavior after returning from a deployment. The hearing found that the applicant did not have PTSD. However, the VA has since determined the applicant has PTSD and granted a rating. The applicant is currently 100 percent unemployable. 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, Adjustment Disorder with anxiety/with anxiety and depressed mood/with disturbance of emotions/with mixed emotional features, Depression, Anxiety, and Marital Problem. The applicant is 80% 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 13 April 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of OBHI and PTSD), 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 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: 31 August 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 December 2010 (2) Basis for Separation: The applicant was informed of the following reasons: On 8 March 2009, the applicant failed to report to a baggage detail. On three separate occasions, on 10 February 2010, 2 July 2010, and 27 July 2010, the applicant failed to report to the accountability formation. On 10 April 2010, the applicant failed to report to CQ. On 10 April 2010, the applicant failed to report to the flag detail. The applicant had an incident where he disrespected a Noncommissioned Officer. The applicant had an incident where he lied to a Noncommissioned Officer. The applicant had a debt that he dishonorably failed to pay. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 12 January 2011 (5) Administrative Separation Board: 15 March 2011 / General (Under Honorable Conditions) (6) Separation Decision Date / Characterization: 25 July 2011 / General (Under Honorable Conditions) (The GCMCA also reviewed the medical evaluation board proceedings and determined that the applicant's medical condition was not a direct or a substantial contributing cause of the conduct that led to his separation proceeding, and that there are no other circumstances that would warrant disability processing instead of his current administrative separation.) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 December 2007 / 6 years b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 118 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 6 years, 1 month, 24 days d. Prior Service / Characterizations: RA (15 June 2005 to 12 December 2007) / HD e. Overseas Service / Combat Service: Germany, SWA / Iraq (3 November 2007 to 5 November 2008) f. Awards and Decorations: AGCM; NDSM; ICM-CS; GWOTSM; ASR; OSR-2; CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Counseling statements for failing to be at his appointed place of duty at the prescribed time on multiple occasions; implementing measures to prevent repeated misconduct; failing to maintain military bearing when addressing NCOs on numerous occasions; disrespecting an NCO; and operating a vehicle without an insurance. CG Article 15, dated 25 May 2010, for failing to be at his appointed place of duty at the prescribed time on three separate occasions, on divers occasions between 5 November 2009 and 27 April 2010, 4 May 2010, and 10 April 2010, and being disrespectful in language towards an NCO on 4 May 2010. The punishment consisted of a reduction to E-3, forfeiture of $488 (suspended), and 14 days of extra duty and restriction (suspended). FG Article 15, dated 8 December 2010, for failing to be at his appointed place of duty at the prescribed time on five separate occasions, on 22, 26, and 27 July 2010, and 9 and 11 August 2010. The punishment consisted of a reduction to E-1, forfeiture of $723 pay per month for two months (suspended), 45 days of extra duty, and 45 days of restriction (suspended). Record of Supplementary action under Article 15, UCMJ, dated 17 December 2010, vacated the suspended punishment of 45 days of restriction imposed on 8 December 2010, based on the applicant failing to be at his appointed place of duty at the prescribed time on 14 December 2010. Mental Status Evaluation, dated 15 October 2010, providing no diagnosis, cleared the applicant for any administrative actions deemed appropriate by his command. Administrative Separation Board's Findings and Recommendations, dated 15 March 2011, with summarized transcript of the board proceedings. DA Form 4187 (Personnel Action), dated 9 August 2011, indicates the applicant's duty status changed from PDY to AWOL, effective 9 August 2011. i. Lost Time / Mode of Return: 23 days (AWOL on 9 August 2011 to 31 August 2011) / There is no record of the applicant returning to military duty. He was discharged on 31 August 2011. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 23 September 2010, indicates the applicant and examiner noted behavioral health issues. Mental Status Evaluation, dated 12 October 2010, reports diagnoses as "DSM IV: Adjustment disorder with depressed mood; occupational problem; marital; problem; and PTSD by report," and that the applicant had a medical evaluation board pending requiring further evaluation. A medical record, undated, with recommendations that the applicant had follow-up appointments with Psychology and the Psychiatry Clinic; cited precautions; that the applicant was not medically fit for duty, warranting disposition through medical channels; that he was cleared for any action deemed appropriate by his command; that screens for TBI and PTSD indicated possible condition that warranted further treatment or disposition through medical channels; and that he was hospitalized in the psychiatry ward from 6 October 2010 to 12 October 2010, for verbalizing thoughts of harming himself or others. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 8 May 2019, and brigade commander's recommendation memorandum. 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 14-12b 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. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" 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. The applicant's available record of service, and the issues and document 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 pattern 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 his discharge was based on his PTSD that caused his poor behavior, were carefully considered. A careful review of the available record indicates the applicant's behavioral health issues symptoms existed, and the applicant contends they were contributing factors that led to his misconduct; however, there is no documentary evidence of the PTSD diagnosis by VA. Further, the separation authority did consider the medical evidence available to the separation authority, and determined that the available medical evidence were not the contributing factors that led to the applicant's misconduct. If based on the available record, 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 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 13 April 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (i.e. in- service and post-service diagnosis of OBHI and PTSD), 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 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 AR20190006947 1