1. Applicant's Name: a. Application Date: 17 July 2019 b. Date Received: 22 July 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 effect, that at the time of discharge, was suffering from untreated Post Traumatic Stress Disorder (PTSD). The applicant contends served in the United States Army for 3 years and 9 months and deployed to Afghanistan theater of war with the 101st Airborne and witnessed horrific sights of destruction and devastation during one of the many attacks against their Combat Outpost Margah (COP). During major attacks, the applicant helped carry some of the injured Afghanistan National Army (ANA) to the medivac so they could receive treatment. These events changed the applicant's life drastically and affected mental health. During deployment the applciuant began to have problems with memory, sleep, and mental health. After returning, PTSD symptoms kept getting worse and was eventually chaptered out of the Army for a pattern of misconduct. Before discharged from the military, the applicant was hospitalized for three weeks for having thoughts of ending own life and cutting as punishment for being weak and not being able to handle the stress of war. After discharge, symptoms got even worse and was hospitalized in West Los Angeles VA where was diagnosed with PTSD / Bi-Polar Disorder due to the trauma from deployment in Afghanistan. The applicant is currently 100% service connected with the VA and believes discharge should be upgrade to an honorable discharge because of suffering from PTSD and it made the applicant make the mistakes that led to the discharge. 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 include Adjustment Disorder with mixed disturbance of emotions and conduct; Depression. The applicant is 100% service-connected from the VA. The VA has also diagnosed the applicant with PTSD, Bipolar Disorder, mixed type; Cannabis Dependence; Other Psychoactive Substance Abuse; Unspecified Mood Disorder. 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 26 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, and the circumstances surrounding the discharge (service-connected PTSD diagnosis). 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), the separation code to JKN, and the reentry code to RE-3. (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: 20 January 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 December 2011 (2) Basis for Separation: The applicant was informed of the following reasons: for being late on numerous occasion to include 14 September 2011, 23 September 2011, twice on 19 October 2011; and 23 November 2011; and Disobeying noncommissioned officers on 25 May 2010, three times on 10 August 2010, 13 September 2011, 26 September 2011, and 23 November 2011. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 22 December 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 January 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 August 2008 / 4 years, 30 weeks b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 128 c. Highest Grade Achieved / MOS / Total Service: E-4 / 35M10, Humint Collector / 3 years, 5 months, 5 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (5 February 2010 to 5 February 2011) f. Awards and Decorations: ACM-CS, NDSM, GWOTSM, ASR, OSR, CAB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 27 July 2010, for leaving his appointed place of duty on 26 May 2010, failing to go at the time prescribed to his appointed place of duty on 8 June 2010, and disobeying a lawful order by failing to maintain a professional appearance on 25 May 2010. The punishment consisted of reduction to E-2. CG Article 15, dated 26 August 2010, for being disrespectful in language towards a noncommissioned officer x2 on 10 August 2010, disobeying a lawful order from a noncommissioned officer on 10 August 2010, being derelict in the performance of his duties on 10 August 2010, and disobeying a lawful order by wrongfully possessing tobacco products while on guard shift on 10 August 2010. The punishment consisted of reduction to E-1. Summarized Record of Proceedings Under Article 15, UCMJ, dated 11 October 2011, for through neglect loss his military identification card of some value, military property of the United States on or about 7 September 2011 and failing to go at them time prescribed to his appointed place of duty on 14 September 2011. The punishment consisted of extra duty and restriction for 14 days. CG Article 15, dated 1 November 2011, for failing to go at the time prescribed to his appointed place of duty x2 on 19 October 2011. The punishment consisted of reduction to E-1, forfeiture of $342.00 pay (suspended), extra duty for 14 days, and restriction for 14 days. Several negative counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: Absent without Leave, 11 days (10 January 2012 to 20 January 2012) / mode of return unknown j. Diagnosed PTSD / TBI / Behavioral Health: Psychiatric Evaluation, dated 12 February 2011; makes reference to the applicant having reported that he had been thinking about death frequently for the past few months. He reported that his mood had declined since he was deployed and began experiencing significant troubles with his unit. The applicant was diagnosed with an Axis I for adjustment disorder, not otherwise specified; Axis III. Report of Mental Status Evaluation, dated 2 November 2011, indicates the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. The applicant met medical retention standards per AR 40-131 and was therefore cleared for Chapter AR 635-200, 14-12 action. Post-Service medical documents indicate the applicant has been diagnosed with Axis I for Anxiety Disorder: PTSD, chronic and Depressive Disorder: Major Depression; and Axis II Personality Disorders / Traits. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; psychiatric evaluation, dated 12 February 2011; post-service medical documents indicating the applicant has been diagnosed with Axis I for Anxiety Disorder: PTSD, chronic and Depressive Disorder: Major Depression; and Axis II Personality Disorders / Traits; Letter from the Department of Veterans Affairs, dated 24 May 2019, indicating the applicant has been awarded 100 percent service-connected disability; orders for award of the Combat Action Badge; and DD Form 214 for the period of service under review. 6. POST SERVICE ACCOMPLISHMENTS: None submitted 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. 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 record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms 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. 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 seeks relief contending that at the time of discharge he was suffering from untreated Post Traumatic Stress Disorder (PTSD). He contends he had already served in the United States Army for 3 years and 9 months and deployed to Afghanistan theater of war with the 101st Airborne where he witnessed horrific sights of destruction and devastation during one of the many attacks against their Combat Outpost Margah (COP). During major attacks he helped carry some of the injured Afghanistan National Army (ANA) to the medivac so they could receive treatment. These events changed his life drastically and affected his mental health. During his deployment he began to have problems with his memory, sleep, and mental health. After returning his PTSD symptoms kept getting worse and he was eventually chapter out of the Army for a pattern of misconduct. Before he was discharge from the military he was hospitalized for three weeks because he was having thoughts of ending his own life and cutting himself as punishment for being weak and not being able to handle the stress of war. After his discharge his symptoms got even worse and he was hospitalized in West Los Angeles VA where was diagnosed with PTSD / Bi-Polar Disorder due to the trauma from his deployment in Afghanistan. He is currently 100% service connected with the VA and believes his discharge should be upgrade to an honorable discharge because he was suffering from PTSD and it made him make the mistakes that led to his discharge. The applicant's contentions were noted; however, the service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. The applicant's service record contains documentation that supports a diagnosis of in service Post-Traumatic Stress Disorder (PTSD); however, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 2 November 2011, the applicant underwent a mental status evaluation which indicates the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. The applicant met medical retention standards per AR 40-131 and was therefore cleared for Chapter AR 635-200, 14-12 action. The Psychiatric Evaluation, dated 12 February 2011; makes reference to the applicant having been diagnosed with an Axis I for adjustment disorder, not otherwise specified; the Post-Service medical documents indicating the applicant has been diagnosed with Axis I for Anxiety Disorder: PTSD, chronic and Depressive Disorder: Major Depression; and Axis II Personality Disorders / Traits; and the Letter from the Department of Veterans Affairs, dated 24 May 2019, indicating the applicant has been awarded 100 percent service-connected disability were note. However, the available medical evidence is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. 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 character of the applicant's discharge is commensurate with his overall service record. 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 26 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, and the circumstances surrounding the discharge (service- connected PTSD diagnosis). 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), the separation code to JKN, and the reentry code to RE-3. 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 / RE-3 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 AR20190010878 4