1. Applicant's Name: a. Application Date: 12 September 2019 b. Date Received: 17 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 prescribed Ambien and other medications in April 2011. He was chaptered by the end of June 2011 and rated for PTSD by July 2011. 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 Personality Disorder. The applicant is 100% service-connected from the VA. The VA has also diagnosed the applicant with Personality Disorder NOS, MDD, and PTSD. 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 2 October 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: 22 June 2011 c. Separation Facts: Yes, not complete (1) Date of Notification of Intent to Separate: 1 June 2011 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he was disrespectful to a commissioned officer, wrongfully communicated a threat to his chain of command and failed to report. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 2 June 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 March 2009 / 4 years b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-3 / 44B10, Metal Worker / 2 years, 3 months, 17 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan, 21 June 2010 to 27 September 2010 f. Awards and Decorations: AAM-2, NDSM, ACM-CS, GWOTSM, ASR, NATO MDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 5 March 2011, for behaving himself with disrespect toward COL M., a superior commissioned officer, by saying to him "I don't have to fucking listen to you or do what you said" or word to that effect (23 September 2010); and without authority, fail to go at the time prescribed to his appointed place of duty (1 February 2011); reduction to PV2 / E-2, forfeiture of $822 pay for two months (suspended), extra duty for 30 days and restriction for 45 days (suspended). Military Police Report, dated 23 March 2011, indicates the applicant was under investigation, for communications incident, communicating a threat (other than telephone), on post. FG Article 15, dated 4 May 2011, for without authority, failed to go at the time prescribed to his appointed place of duty (21 March 2011); and wrongfully communicate to SFC P., a threat by saying "This chapter packet was bullshit, the chain of command keeps fucking with me, and I don't care anymore, I'm going to kill them all" (23 March 2011); reduction to PVT / E-1, forfeiture of $150 pay for two months; extra duty for 21 days and restriction for 21 days (suspended). The applicant received a negative counseling for being notified of pending separation action. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 4 April 2011, indicates the applicant had an Axis I diagnosis of adjustment disorder with disturbance of emotions and conduct, ADHD by history and marital problems. Report of Mental Status Evaluation, dated 18 April 2011, shows the applicant had an Axis I diagnosis of adjustment disorder with disturbance of emotions and conduct, alcohol abuse / dependence, marital problems and Axis II, personality disorder NOS. He was screened for PTSD and mTBI, both screens were negative. He was psychiatrically cleared for administrative separation in accordance with AR 635-200, Chapter 14-12. Encounters History, dated 2 June 2011 and 21 June 2011, relates the applicant was diagnosed with schizoid personality disorder, episodic mood disorders, depression, ADHD combined type and insomnia; he was prescribed medications for these conditions. VA Rating Decision, dated 28 August 2017, revealed the applicant was service connected for PTSD and residuals of TBI, were service connected and granted an evaluation of 100 percent disabling, effective 12 December 2016. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); encounters history (two pages); a VA rating decision; and a DD Form 214. 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 available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12b, by reason of pattern of misconduct, with a characterization of service of under other than honorable conditions. Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the DD Form 214 shows a Separation Code of JKA (i.e., pattern of misconduct), with a reentry eligibility (RE) code of 3. The applicant seeks relief contending, in effect, he was prescribed Ambien and other medications in April 2011. The applicant provided an Encounters History, which relates he was diagnosed with schizoid personality disorder, episodic mood disorders, depression, ADHD combined type and insomnia; he was prescribed medications for these conditions. The applicant further contends, he was chaptered by the end of June 2011 and rated for PTSD by July 2011. The applicant submitted a VA rating decision that shows he was service connected for PTSD and residuals of TBI, were service connected and granted an evaluation of 100 percent disabling, effective 12 December 2016. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 2 October 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 AR20190015503 5