1. Applicant's Name: a. Application Date: 7 August 2019 b. Date Received: 13 September 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, his incident he was separated for was coping methods for dealing with PTSD. His treatment was not working because he was not properly diagnosed. At the time of the incident, he was recently divorced, his kids were not in the house and he was severely depressed. 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; Alcohol Dependence; Episodic Mood Disorders. The applicant is 100% service connected, 70% for 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 7 October 2020, and by a 3-2 vote, the Board determined the discharge is inequitable based on the applicant's quality of service, to include combat service, the circumstances surrounding the discharge (service-connected PTSD diagnosis), and prior period of honorable service. 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 / General (Under Honorable Conditions) b. Date of Discharge: 2 September 2014 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 2 July 2014 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he drove his vehicle while drunk and was speeding (74 mph in a 55 mph zone) while in the company of one of his junior enlisted Soldiers (18 May 2014). (3) Recommended Characterization: The unit and intermediate commanders recommended and Honorable Discharge. (4) Legal Consultation Date: 2 July 2014 (5) Administrative Separation Board: The applicant requested consideration of his case by an administrative separation board. On 16 July 2014, the applicant was notified to appear before an administrative separation board and advised of his rights. On 13 August 2014, the administrative separation board convened. The applicant appeared with counsel. The board recommended the applicant be separated from Active Military Service with issuance of a character of service of general (under honorable conditions). (6) Separation Decision Date / Characterization: 19 August 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 August 2013 / 6 years b. Age at Enlistment / Education / GT Score: 28 years / HS Graduate / 114 c. Highest Grade Achieved / MOS / Total Service: E-6 / 25E30, Electromagnetic Spectrum Manager / 92F30, Petroleum Supply Specialist / 11 years, 8 months, 16 days d. Prior Service / Characterizations: USAR, 17 December 2002 to 28 July 2004 / HD RA, 29 July 2004 to 13 December 2005 / HD RA, 14 December 2005 to 20 November 2007 / HD RA, 21 November 2007 19 August 2013 / HD e. Overseas Service / Combat Service: SWA / Iraq x3, 6 January 2005 to 2 January 2006, 15 January 2007 to 1 April 2008 and 16 December 2009 to 8 December 2010 f. Awards and Decorations: ARCOM-5, AAM, AGCM-3, NDSM, GWOTEM, ICM-3CS, GWOTSM, NOPDR-3, ASR, OSR-3, MOVSM, CAB, MUC g. Performance Ratings: 29 March 2013 to 13 September 2013, Among The Best h. Disciplinary Action(s) / Evidentiary Record: The applicant received a negative counseling statement for being recommended for discharge. i. Lost Time / Mode of Return: None / Civilian Confinement, 1 day, 18 May 2014 to 19 May 2014; however, this period is not annotated on the applicant's DD Form 214 block 29, dates of time lost during this period. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 5 June 2014, relates the applicant had an Axis I diagnosis of alcohol abuse (per AHLTA record) and an adjustment disorder. Mental Health Note, dated 5 December 2014, revealed the applicant was diagnosed with PTSD, persistent depressive disorder with anxious distress, moderate and alcohol use disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); mental health note; Report of Mental Status Evaluation (three pages); five Service School Academic Evaluation Reports; DD Form 214 (two pages); ECPI University, Associate of Science Diploma; American University, Bachelor of Arts Diploma; Cisco Certifications; CompTIA Certification; ECPI University, President's Award; Microsoft Transcript; DAV, Community of Heroes Certificate; and ECPI University, perfect attendance certificate. 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 14-12c 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. 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 the characterization of service from general (under honorable conditions) 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. By the documented misconduct (serious offense), the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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, in effect, his incident he was separated for was coping methods for dealing with PTSD; his treatment was not working because he was not properly diagnosed. The applicant provided a mental health note, which shows he was diagnosed with PTSD, persistent depressive disorder with anxious distress, moderate and alcohol use disorder. He had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant further contends, at the time of the incident, he was recently divorced, his kids were not in the house and he was severely depressed. The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Family Support Services, Community Counseling Center and other medical resources available to all Soldiers. 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 7 October 2020, and by a 3-2 vote, the Board determined the discharge is inequitable based on the applicant's quality of service, to include combat service, the circumstances surrounding the discharge (service-connected PTSD diagnosis), and prior period of honorable service. 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 AR20190011959 3