1. Applicant's Name: a. Application Date: 20 June 2019 b. Date Received: 31 July 2019 c. Previous Records Review: 23 October 2013, AR20130006275 (Reconsideration based on current liberal policy on PTSD medical condition) d. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, he deserves an honorable character of service, because he served a deployment and earned an ARCOM and an AAM. Upon returning from Iraq, he developed substance abuse due to PTSD. At the time, he did not realize he was experiencing the symptoms of PTSD. He was only 20 years old and immature to seek help. Because his unit was pending deployment to Afghanistan, his discharge was rushed as his unit was unable and unwilling to provide assistance with resolving his issues. After his discharge, he continued abusing alcohol, until he came to realize he needed to change. He reached out to his family, regained his relationship, and sought help through VA for substance abuse, anger management, and PTSD. Although his family provided encouragement and support, he relapsed and returned to alcohol abuse. He became homeless and incarcerated. He sought treatment with VA again in 2011, and continues to change his life with the assistance of the VA, church organizations, and community. Due to realizing and continuing his effort to improve his life, he is seeking an upgrade to obtain all VA benefits. Prior to his combat tour, he was productive, and a hard worker desiring for advancement and respect from his peers and chain of command. 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 PTSD. The applicant is 70% service-connected from the VA. The VA has also diagnosed the applicant with depression. 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 28 August 2020, and by a 5-0 vote, the Board determined that the discharge was improper. Based on the applicant's quality of service, to include combat service, the circumstances surrounding the discharge (service-connected PTSD diagnosis), and homelessness, the proper discharge and separation procedures were not followed in this case. The records show the proper discharge and separation procedures were not followed in this case. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable, 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: 2 March 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 December 2010 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant received two Article 15 actions: one for possessing drug paraphernalia and smoking Black Mamba; and the other for being drunk on duty. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 2 March 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 10 May 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 January 2007 / 6 years, 16 weeks b. Age at Enlistment / Education / GT Score: 18 / GED / 101 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 4 years, 2 months, 19 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA / Iraq 14 March 2008 to 13 March 2009) f. Awards and Decorations: ARCOM; AAM; NDSM; ICM-CS; GWOTSM; ASR; OSR; VUA g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Counseling statements for being informed of intent to initiate involuntary separation proceedings; losing his ID card; failing to obey an order; and conduct being of a nature to bring discredit upon the armed forces. CG Article 15, dated 17 January 2008, for being derelict in the performance of his duties on 10 July 2007, and (continuation sheet NIF). The punishment consisted of a reduction to E-2, forfeiture of $340 (suspend), and 14 days of extra duty and restriction. CG Article 15, dated 29 January 2010, for being found drunk on duty as an infantryman on 11 January 2010. The punishment consisted of a reduction to E-3, forfeiture of $433 (suspend), and 14 days of extra duty and restriction. FG Article 15, dated 24 May 2010, for violating a lawful general regulation by wrongfully possessing paraphernalia on 19 March 2010, and by wrongfully smoking "Black Mamba" incense for the purpose of inducing excitement, intoxication, or stupefaction of the central nervous system, between 19 February 2010 and 19 March 2010. The punishment consisted of a reduction to E-1, forfeiture of $723 pay per month for two months (suspend), and 30 days of extra duty and restriction. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Behavioral Health Evaluation, dated 30 September 2010, indicates an "AXIS I" diagnoses of "Adjustment Disorder with Disturbance of Emotions and conduct; Alcohol Dependence," and the applicant was psychiatrically cleared for any administrative action deemed appropriate by his command. Report of Medical Assessment, dated 16 December 2010, indicates the examiner noted behavioral health issues. Applicant's documentary evidence: Confidential Personal Information Report, dated 2 September 2019, provides VA Problem List that cites, in pertinent part: Homeless, PTSD, Alcohol abuse; Depression, Suicidal thoughts, Alcohol Dependence; Depressive Disorder; and Anxiety state. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 20 June 2019, and DD Form 214. Additional evidence: Confidential Personal Information Report, dated 2 September 2019. 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 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 regarding his behavioral health issues which involved not realizing he was experiencing the symptoms of PTSD upon returning from his combat tour in Iraq, 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 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 service accomplishments and quality of his service prior to the incidents of misconduct, the Board can find that his complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant contends that an upgrade of his discharge would allow him all his VA benefits. However, eligibility for veterans' benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 28 August 2020, and by a 5-0 vote, the Board determined that the discharge was improper. Based on the applicant's quality of service, to include combat service, the circumstances surrounding the discharge (service-connected PTSD diagnosis), and homelessness, the proper discharge and separation procedures were not followed in this case. The records show the proper discharge and separation procedures were not followed in this case. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable, 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 AR20190010656 3