1. Applicant's Name: a. Application Date: 2 April 2019 b. Date Received: 4 June 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, the discharge was inequitable because it was based on one isolated incident in over ten years of service with no other adverse action. The applicant was diagnosed with PTSD by the VA and has two documented TBIs in the military medical record. The applicant's actions that resulted in a general discharge were directly influenced by PTSD and TBIs. Due to PTSD, the applicant reacted to a situation inappropriately and did not think through the situation. The applicant has since received treatment for PTSD and is seen regularly by behavioral therapist. PTSD and TBIs began in the military from multiple combat deployments and direct result of military service. The applicant is currently leading a successful life and regularly volunteers with several organizations. The applicant is studying mechanical engineering, and would be finishing second year while maintaining a 4.0 GPA. The applicant also built and implemented, and now manages a veteran mentoring program at college. The applicant helps veterans with navigating resources at school and achieving successes. 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 Anxiety Disorder due to known physiological condition; history of mild TBI. The applicant is 100% service-connected from the VA. The VA has also diagnosed the applicant with PTSD and migraines. In summary, the applicant does not have 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 19 August 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (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: 10 October 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 June 2017 (2) Basis for Separation: The applicant was informed of the following reasons: On 24 July 2016, the applicant physically assaulted his wife by unlawfully throwing her down, putting his hands around her throat and over her mouth, restricting her ability to breathe. On 24 July 2016, the applicant physically assaulted his wife by unlawfully striking her in the face with the back of his hand, causing her to fall to the ground, which resulted in bleeding. On 24 July 2016, the applicant physically assaulted his wife by unlawfully striking her multiple times in the side and back of the head. (3) Recommended Characterization: Under Other Than Honorable Conditions / Approve conditional waiver with General (Under Honorable Conditions) discharge (4) Legal Consultation Date: 20 June 2017 (5) Administrative Separation Board: Conditionally waived contingent upon receiving no less than a General (Under Honorable Conditions) discharge (6) Separation Decision Date / Characterization: 29 June 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 October 2015 / 6 years b. Age at Enlistment / Education / GT Score: 20 / 14 years / 112 c. Highest Grade Achieved / MOS / Total Service: E-6 / 18D3P, Special Forces Medical Sergeant / 12 years, 3 months, 20 days d. Prior Service / Characterizations: AF-ANGUS (Period of Enlistment NIF) IADT (21 June 2005 to 28 February 2006) / HD AF-ANGUS (1 March 2006 to 15 July 2007) / NIF RA (16 July 2007 to 21 May 2012) / HD RA (22 May 2012 to 26 May 2014) / HD RA (27 May 2014 to 15 October 2015) / HD e. Overseas Service / Combat Service: SWA, Germany, Africa, / Iraq (26 April 2008 to 15 July 2019), Estonia 26 April 2016 to 26 June 2016), Somalia (18 February 2015 to 10 August 2015), Niger (25 May 2014 to 10 October 2014), Djibouti (12 October 2013 to 30 November 2013) f. Awards and Decorations: ARCOM-5; AAM-9; AGCM-3; NDSM; ICM-2CS; GWOTEM; GWOTSM; NCOPDR-2; ASR; OSR; USAFTR; CAB g. Performance Ratings: Two NCOERs rendered during period of service under current review: 21 July 2015 thru 31 December 2015, Among the Best 1 January 2016 to 27 July 2016, RFC, Did Not Meet Standard h. Disciplinary Action(s) / Evidentiary Record: Circuit Court documents with investigative/associated documents, dated 27 July 2016, documents three Counts of charges: Court 1, Strangulation and Suffocation, Domestic Abuse; Court 2, Misdemeanor Battery, Domestic Abuse; and Count 3, Disorderly Conduct, Domestic Abuse. General Officer Memorandum of Reprimand and its associated documents, dated 16 February 2017, indicates the applicant was reprimanded for committing domestic violence on 24 July 2016. i. Lost Time / Mode of Return: j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 8 May 2017, indicates the applicant noted behavioral health issues. Report of Mental Status Evaluation, dated 12 May 2017, providing no diagnosis, commented that the applicant had a referral to a Neurology clinic based on his self-report about possible TBIs during his deployment to Iraq, and that he had six deployments to various combat and noncombat areas. The applicant was psychiatrically cleared by behavioral health for any administrative action deemed appropriate by his command. Report of Medical Assessment, dated 30 June 2017, indicates referral of applicant for further evaluation for PTSD and TBI clinic. Applicant's documentary evidence: VA Rating Decision, dated 7 November 2018, and Rated Disabilities list PTSD with adjustment disorder, anxiety and mid neurocognitive disorder due to TBI as service-connected and 30 percent rating. Confidential health records, dated May-July 2018, and May-June 2017, reflects a diagnosis of "PTSD, legal, chronic pain, R/O ADHD" and history of TBI. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 2 April 2019; ERB; DD Form 214; four NCOERs; Rated Disabilities; three AGCM Orders; Domestic Violence Course Certificate of Completion, dated 10 June 2017; memorandum, dated 20 January 2017 (battalion psychologist); five supporting/character reference statements; Turning Point Domestic Violence Treatment Discharge Summary; memorandum, dated 8 February 2017 (Family Advocacy Program); memorandum, dated 16 August 2016 (battalion psychologist); Anger Management certificate, dated 1 February 2017; VA letter, dated 15 September 2018; VA Rating Decision, dated 7 November 2018; Confidential health records, dated 14 June 2018; Chronological Record of Medical Care, dated 28 October 2012; VA letter, dated 16 November 2017; Associate diploma; two community colleges transcripts; two letters of recommendation, dated 12 October 2018, and 1 May 2018; Certificate of Achievement; and Congratulations letter of acceptance. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, while leading a successful life, he regularly volunteers with several organizations; he is studying mechanical engineering and maintains a 4.0 GPA; and he has built and implemented, and now manages a veteran mentoring program at his college where he helps veterans with navigating the resources at school and achieving success. 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. 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 the incident that caused his discharge was an isolated incident, the only one in his entire Army career. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant's contentions regarding his behavioral health issues due to the PTSD and TBI he sustained from multiple combat deployments and the results of his military service, 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 accomplishments and quality of his service prior to the incidents of misconduct, 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. The third party statements provided with the application speak highly of the applicant's character and performance, and provide support for an upgrade. However, the persons providing the character reference/supporting statement were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. 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 19 August 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change 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 AR20190006977 1