1. Applicant's Name: a. Application Date: 10 April 2019 b. Date Received: 17 May 2019 c. Counsel/Representative: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to general (under honorable conditions) or honorable. The applicant seeks relief contending, in pertinent part and in effect, developed PTSD resulting from deployment to Iraq and after the death of a best friend. The PTSD sent the applicant spiraling downward. When the applicant returned from deployment, it was difficult for the applicant to adjust to stateside mannerisms, attitudes, and expectations, which led to self- medicating with alcohol. If not for the illness, the applicant would have been a good Soldier with an honorable service. (The applicant details the circumstances surrounding the events that led to discharge.) The applicant is currently still battling depression, anxiety, and PTSD on a daily basis, but somewhat able to deal with it better through medication and therapy. The current discharge is hindering life by not being able to be the best person for the children, family, and oneself. An upgrade would allow the applicant to start a career using a degree. The counsel on behalf of the applicant, also states in effect that the applicant is missing information on the DD Form 214, such as combat deployment and awards. 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 Anxiety, Chronic PTSD, and Personality Disorder. The applicant does not have any VA records available for review. In summary, there is insufficient evidence to determine if the applicant's BH diagnosis is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 22 April 2020, and by a 4-1 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 the circumstances surrounding the discharge (i.e. in-service diagnosis of PTSD). 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. (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 / Under Other Than Honorable Conditions b. Date of Discharge: 3 February 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 December 2005 (2) Basis for Separation: The applicant was informed of the following reasons: Being AWOL, disobeying a superior commissioned officer, failing to obey order or regulation, resisting arrest, disorderly conduct, drunkenness, breaking restriction, communicating a threat, and wrongful cohabitation. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 6 January 2006 (5) Administrative Separation Board: Unconditionally waived (6) Separation Decision Date / Characterization: 30 January 2006 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 February 2002 / 3 years (applicant's subsequent extension or reenlistment NIF) b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 13D10, Field Artillery Automated Tactical Data System Specialist and 13E10, Cannon Fire Direction Specialist / 3 years, 11 months, 20 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA (NIF) / NIF (There is no record of the applicant's SWA service.) f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Counseling statement for wrongfully using, possessing controlled substance; violating the following Articles, UCMJ: Article 90, UCMJ, assaulting or willfully disobeying a superior commissioned officer, Article 92, UCMJ, failing to obey an order or regulation, Article 95, UCMJ, resisting, breaching of arrest, and escaping, Article 134, UCMJ, disorderly conduct, drunkenness, breaking restriction, communicating a threat, and wrongful cohabitation; being AWOL; committing adultery; wrongful cohabitation; malingering on numerous occasions; being insubordinate on numerous occasions; failing to obey an order or regulation on numerous occasions; failing to be at his appointed place of duty at the prescribed time on numerous occasions; disobeying an NCO on numerous occasions; lacking discipline, responsibility, and motivation, and conduct unbecoming of a Soldier; substandard living conditions; making false official statement; possessing stolen property; and living conditions in government housing being unacceptable continuously. CG Article 15, dated 18 May 2005, for making a false official statement on 22 March 2005, disobeying his superior commissioned officer on 12 February 2005, operating a vehicle with an open alcohol container on 12 February 2005, and wrongfully purchasing a stolen property between 1 January 2005 and 31 January 2005. The punishment consisted of a reduction to E- 3, forfeiture of #52 (suspended), and 14 days of extra duty and restriction. Summarized Article 15, dated 4 August 2005, for disobeying his superior commissioned officer on 29 July 2005. The punishment consisted of 14 days of extra duty and restriction. FG Article 15, dated 10 September 2005, for disobeying an NCO on 19 August 2005, and failing to go to his appointed place of duty at the prescribed time on four separate occasions, on 7 July 2005, 24 August 2005 x 2, and 26 August 2005. The punishment consisted of a reduction to E-2, forfeiture of $692 pay per month for two months (suspended), and 30 days of extra duty and restriction. Mental Status Evaluation, dated in August 2005, and providing no diagnosis, psychiatrically cleared the applicant for any administrative action appropriate by his command. (Note, although the applicant's DD Form 214 shows his rank and grade as Private/E-1, there is no record of any UCMJ or administration action that reduced him to the rank/grade of PVT/E-1.) i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Reports of Medical Assessment and History, dated 1 September 2005, indicate the applicant and examiner noted behavioral health issues and PTSD. Applicant's documentary evidence: Progress Notes by VA show interviews and treatment of the applicant's diagnosed PTSD, Depression, Anxiety, ADHD, and major depressive disorder. Letter, dated 5 March 2019, rendered by a Psychiatrist, provides a summary and diagnoses of the applicant with post-traumatic stress disorder, panic disorder, bipolar disorder-not otherwise specified, ADHD-probable combined type, and alcohol abuse. The Psychiatrist also indicated that the applicant's behavior while on active duty was a result of his PTSD, and that an upgrade would allow him VA benefits to help his PTSD, which he is not eligible for at this time. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 10 April 2019, with applicant-authored statement; DD Form 214; attorney-authored statement; Reports of Medical Assessment, Examination, and History, dated 1 September 2005; Mental Status Evaluation, undated; letter with Curriculum Vitae, dated 5 March 2019, rendered by a Psychiatrist; VA Progress Notes, dated 10 January 2018, 13 and 27 November 2017, 31 October 2017, 13 December 2017; three character reference/supporting statements; transcript; five photos depicting the applicant; applicant's resume; and Under Secretary of Defense for Personnel and Readiness Memorandum with Attachment. 6. POST SERVICE ACCOMPLISHMENTS: The applicant's documentary evidence indicate he received a degree in Marine Biology and maintains an employment. 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 under other than honorable conditions discharge to general (under honorable conditions) or 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 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's contentions about having developed PTSD from his deployment in Iraq, and its symptoms sending him spiraling downward with difficulty adjusting upon returning from Iraq, which led him to self-medicate with alcohol, 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. The applicant contends that an upgrade of his discharge would allow him to start a career using his degree. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant's documentary evidence reflect on his post-service accomplishments. In consideration of the applicant's post-service accomplishments, the Board can find that his accomplishments 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. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. The counsel on behalf of the applicant contends the applicant is missing information on his DD Form 214, such as his combat deployment and awards. However, any requested change to the DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The available 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 22 April 2020, and by a 4-1 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 the circumstances surrounding the discharge (i.e. in-service diagnosis of PTSD). 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 AR20190007041 1