1. Applicant's Name: a. Application Date: 20 May 2019 b. Date Received: 23 May 2019 c. Previous Records Review: 1 December 2010, AR20100009342 (Reconsideration based on PTSD diagnosis and Liberal policy consideration) d. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to upgrade an under other than honorable conditions discharge to honorable and to change the narrative reason and its corresponding codes for discharge. The applicant seeks relief contending, in pertinent part and in effect, while enlisting at the age of 18, about six months into my military career, the applicant found oneself in an active war zone (Iraq). The applicant was involved in several IED attacks and raids. The applicant participated in several prisoner transports and arrests. The applicant lost several brothers, as well, during the deployment. Upon returning to garrison, the applicant found it difficult readjusting to the way the real Army operated. No longer being deployed, the applicant received several counseling statements for easily avoidable situations. The applicant could not quite figure out how the applicant was always involved. In 2008, the applicant was arrested for aggravated assault with a deadly weapon-all charges were subsequently dropped due to the wife lying to the police during the ordeal. After separating from the Army, the applicant had a very hard time adjusting and was still trying to figure out what was wrong with the applicant. After a few years, the applicant finally was able to admit that the applicant was suffering from PTSD and TBI, which went undiagnosed and untreated during active duty service. Once realizing that the applicant was struggling with the invisible wounds of war, the applicant began seeking treatment from the VA mental health teams. After several therapy sessions during the period of healing, the applicant successfully completed the NJ Firefighter course to become a volunteer firefighter. The applicant contributed positively to the community. The applicant was granted an evaluation of 80 percent disability, a rating that is total and permanent. During the first application for an upgrade, the applicant was only 21 years old and had no clue what the applicant was applying for. 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 Anxious, Depression, FAP Involvement, and PTSD. The applicant is 80% service-connected; 70% for PTSD from the VA. The VA has also diagnosed the applicant with Bipolar Disorder. In summary, the applicant's BH diagnoses are not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 13 May 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: 23 June 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 June 2009 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was charged with aggravated assault with a deadly weapon, because he threatened to stab his wife with a knife. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 13 June 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: In June 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 September 2006 / 4 years, 28 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 63D10, Artillery Mechanic / 2 years, 9 months, 17 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA / Iraq (6 May 2007 to 22 December 2007) f. Awards and Decorations: AAM; NDSM; ICM-CS; GWOTSM; ASR; CAB; VUA g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 5 September 2008, indicates the applicant was the subject of an investigation for an off-post arrest for aggravated assault with a deadly weapon on 31 August 2008, off-post arrest for spouse abuse and outstanding traffic warrant. Counseling statement for being recommended for an involuntary separation; and threatening to stab his spouse with a knife. Report of Mental Status Evaluation, dated 4 June 2009, providing no diagnosis, cleared the applicant for any administrative action deemed appropriate by his command. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Reports of Medical History, dated 8 June 2009, noted behavioral health issues and PTSD. Applicant's documentary evidence: Report of Medical History, dated 8 June 2009, indicates the examiner noted the applicant stating he had PTSD. Consult Requests, dated 9 August 2016, indicates the applicant receiving service-connected evaluation of 70 percent for PTSD. It further notes that the applicant presented "with moderate- severe depression symptoms with noted history of Bipolar I Disorder, PTSD, and Cannabis Use Disorder. Diagnosis History indicates an "Adjustment Disorder with Anxious Mood." VA letter, dated 16 May 2019, reflects 80 percent combined service-connected disabilities. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 20 May 2019; medical records (Consult Requests and Diagnosis History); memorandum for transition, dated 17 June 2009; Fall 2013 Firefighter I program Certificate of Commendation and Award of Recognition certificate; NJ Senate and General Assembly Citation certificate; certificate of training completion; Firefighter I certificate; CAB Permanent Orders; VA letter, dated 16 May 2019; ADRB (AR20100009342) letter with CRD and application, dated 2 December 2010; Report of Medical History, dated 8 June 2009; Report of Medical Examination, undated; and character reference and supporting statement by applicant's spouse. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, that after several therapy sessions during the period of healing, he successfully completed the NJ Firefighter course to become a volunteer firefighter; wherein he is contributing positively to his community 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 to upgrade his under other than honorable conditions discharge to honorable and to change the narrative reason and its corresponding codes for his discharge. 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 incident 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 due to an undiagnosed PTSD and TBI while on active duty, 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 applicant requested to change the reentry code. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 third party statement provided with the application speaks highly of the applicant's character and provides support for an upgrade. However, the person providing the character reference/supporting statement was 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 13 May 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 AR20190008937 1