1. Applicant's Name: a. Application Date: 24 August 2019 b. Date Received: 12 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, he was diagnosed with PTSD post service from two tours in Iraq. 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 30% service-connected from the VA. The VA has also diagnosed the applicant with (PTSD, Alcohol Abuse, etc...). In summary, the applicant has a BH diagnosis that is partially mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 25 September 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 26 October 2005 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 9 September 2005 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he violated CENTCOM General Order 1A by consuming alcohol (19 December 2003); he failed to go at the time prescribed to his appointed place of duty (6 July 2004); the District Court of Geary County, Kansas, found against him in a suit brought by Collections Unlimited for eight checks written with insufficient funds and ordered him to pay a total amount of $1,261.80, including service charges and damages (22 October 2004); he failed to terminate Army family housing at Fort Riley in accordance with AR 210-50 when his dependents no longer resided in his quarters, which he was instructed to do in a memorandum dated 17 May 2005 from the Housing Manager, Fort Riley, Kansas; he failed to pay his wife one-third of Basic Allowance for Housing 2 (BAH) during the months of May, June, and July 2005, which he was required by AR 608-99 to pay; he allowed a woman not his spouse to live in his family housing quarters at Fort Riley; he was counseled on these two misdeeds while home on EML in May 2005; he presented a police officer at Fort Riley an invalid automobile insurance card (25 May 2005); and he stole another Soldier's property, a portable play station, of a value of about $250, (11 September 2005). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 9 October 2005, applicant waived legal counsel. (5) Administrative Separation Board: Applicant waived consideration of his case by an administrative separation board, although he was not entitled to a board. (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 November 2002 / 3 years b. Age at Enlistment / Education / GT Score: 18 years / GED Certificate / 111 c. Highest Grade Achieved / MOS / Total Service: E-3 / 13F10, Fire Support Specialist / 2 years, 11 months, 22 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq x2, 28 April 2003 to 14 April 2004 and 2 February 2005 to 16 October 2005 f. Awards and Decorations: NDSM, ICM, GWOTSM, ASR, VUA g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 1 October 2003, for violating CENTCOM General Order 1A, by wrongfully consuming alcohol (24 September 2003); reduction to PVT / E-1, forfeiture of $575 pay for two months and extra duty for 30 days. CG Article 15, dated 2 September 2004, for without authority, fail to go at the time prescribed to his appointed place of duty (6 July 2004); the continuation sheet is not contained in the available record; reduction to PV2 / E-2, forfeiture of $312 pay for one month, extra duty for 14 days and a verbal reprimand. FG Article 15, dated 21 July 2005, for violating a lawful general regulation, by wrongfully failing to terminate Army family housing at Fort Riley, Kansas (24 May 2005); fail to obey a lawful general regulation, by wrongfully failing to pay his spouse, H.B., 1/3 Basic Allowance for Housing 2 (BAH2), $160.30 per month between (May 2005 and July 2005); violate a lawful genera l regulation, by wrongfully allowing H.S., a woman not his wife, to move into Army family housing without the approval of the Housing Division, Fort Riley, Kansas (24 May 2005); he knew or should have known of his duties at Fort Riley, Kansas, was derelict in the performance of those duties in that you negligently failed to maintain valid automobile insurance, as it was his duty to do (24 May 2005); and make and utter certain checks, in words and figures as follows; check numbers 641, $30.00; 636, $23.00; 638, $26.00; 640, $22.00; 634, $16.00; 644, $17.00; 637, $13.00; and 629, $34.70; and did thereafter dishonorably fail to place or maintain sufficient funds in his checking account for payment of such checks in full upon their presentment for payment (22 October 2004); reduction to PVT / E-1, forfeiture $617 pay for two months (suspended) and extra duty for 30 days. 22 September 2005, the suspension of punishment of forfeiture of $617 pay for two months was vacated for the new offense of he stole another Soldier's property, a portable play station, of a value of about $250, (11 September 2005). The applicant received several negative counseling statements for various acts of misconduct; and initiation of Chapter 14 proceedings. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages). 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 the characterization of service from general (under honorable conditions) to honorable. The applicant's record of service and the issues 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 pattern of misconduct, 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, he was diagnosed with PTSD post service from two tours in Iraq. The service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. 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 25 September 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 AR20190015050 3