1. Applicant's Name: a. Application Date: 4 June 2019 b. Date Received: 11 June 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the under other than honorable conditions discharge to general (under honorable conditions) or honorable. The applicant seeks relief contending, in pertinent part and in effect, the discharge based on behavior was connected to an undiagnosed and undocumented PTSD resulting from service as a combat medic and combat experiences. The symptoms of the applicant's PTSD contributed to the actions that led to the discharge. A few months after returning from Iraq, the applicant was transferred to a new unit, isolated from the Soldiers previously served with. When the new unit relocated to Korea, the applicant was away from family, infant daughter, and battle buddies. The applicant had no support system in the new unit. Thereafter, the applicant reenlisted twice and made the Commandant's List, exceeding the standards of the Primary Leadership Development Course. The applicant earned an ARCOM with the unit. On 9 October 2005, the applicant received a CG Article 15 for failing to obey a Corporal in the platoon. On 6 November 2005, a month later and during the applicant's last weekend in Korea, the applicant and other Soldiers received a FG Article 15 for failing to obey an order to not consume alcohol during PENCERE and being off-post without an approved pass. The NCO who allowed them to go off-post was also demoted and given extra duty. On 10 December 2005, the applicant and other Soldiers were found using a controlled substance, and received a summary court-martial sentence of 30 days confinement, followed by being discharged from the Army. The applicant's PTSD symptoms contributed to the wave of misconduct that led to the discharge. During the five-plus years of service, the applicant received numerous awards-duty while in service was honorable, that was consistent with two previous honorable discharges. Although the applicant saved countless lives in combat, the applicant acknowledges losing some. The applicant has to live with the guilt and shame until the applicant learns how to cope with those challenges. 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 no diagnoses. The applicant is 70% service-connected from the VA. The VA has diagnosed the applicant with PTSD. In summary, the applicant has 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 21 August 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (service-connected PTSD diagnosis), prior period of honorable service, and post-service accomplishments. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 3 June 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 May 2006 (2) Basis for Separation: The applicant was informed of the following reasons: On 19 October 2005, the applicant received a CG Article 15 for failing to obey a lawful order to "at ease." On 8 December 2005, the applicant received a FG Article 15 for failing to obey a lawful order to not consume alcohol during PENCERE and for wrongfully staying off-post without an approved pass. On 17 March 2006, the applicant was convicted by Summary Court-martial for wrongfully using "Ecstasy (MDMA)." The applicant would not develop sufficiently to participate satisfactorily in further training and become a satisfactory Soldier. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 12 May 2006 (5) Administrative Separation Board: Waived, 12 May 2006, pursuant to an "Offer to Plead Guilty" in a summary court-martial (6) Separation Decision Date / Characterization: 23 May 2006 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 April 2005 / 3 years b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 109 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91W10, Health Care Specialist / 5 years, 9 months, 10 days d. Prior Service / Characterizations: RA (24 August 2000 to 10 December 2003) / HD RA (11 December 2003 to 6 April 2005) / HD e. Overseas Service / Combat Service: Korea, SWA / Iraq (NIF; however, an AAM certificate reflects his meritorious service in support of OEF and his dedication to duty proving invaluable to the battalion's overall success in combat war zone during 17 December 2002 to 20 March 2003.) f. Awards and Decorations: ARCOM; AAM-5; NDSM; GWOTEM; GWOTSM; KDSM; ASR; OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Counseling statements for being notified of an involuntary separation; being involved in an incident of consuming illegal substance; losing several privileges; ongoing UCMJ process; no- contact order being imposed; and being identified as providing "mushrooms." CG Article 15, dated 19 October 2005, for failing to obey an NCO on 9 October 2005. The punishment consisted of 14 days of extra duty and restriction. FG Article 15, dated 23 November 2005, for wrongfully consuming alcohol during PENCERE on 6 November 2005, and wrongfully staying off-post without an approved pass on 5 November 2005. The punishment consisted of a reduction to E-1, forfeiture of $617 for two months (suspended), and 45 days of extra duty and restriction. Report of Results of Trial with its associated documents indicate that a summary court- martial on 17 March 2006, found the applicant guilty of wrongfully using ecstasy, a controlled substance on 10 December 2005. The sentence consisted of forfeiture of $916 pay per month for one month and 30 days of confinement. Mental Status Evaluation, dated 19 April 2006, provided "Axis I" diagnosis as occupational problem. i. Lost Time / Mode of Return: 24 days (Military Confinement on 17 March 2006 to 9 April 2006) / The applicant released upon completing his summary court-martial confinement sentence. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 27 April 2006, indicates the applicant noted behavioral health issues. Applicant's documentary evidence: Mental Health Outpatient evaluation assessment, dated 4 October 2018, reports on the assessment of the applicant with PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 4 June 2019, with self-authored statement; four AAM certificates; two Honorable Discharge certificates; PLDC diploma; Service School Academic Evaluation Report, dated 18 May 2005; ARCOM certificate; Mental Health Outpatient evaluation assessment, dated 4 October 2018; and three VA letters, dated 12 February 2019. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, that he is currently employed as a human resources specialist with a 930-plus employee company. 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 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 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 his behavioral health issues which involved suffering from the symptoms of an undiagnosed and undocumented PTSD, were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. If based on the documentary evidence and medical records available to the Board, 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 service accomplishments and quality of his service prior to the incidents of misconduct, and his post-service accomplishments, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his 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 21 August 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (service-connected PTSD diagnosis), prior period of honorable service, and post- service accomplishments. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to 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 AR20190009704 6