1. Applicant's Name: a. Application Date: 18 December 2019 b. Date Received: 23 December 2019 c. 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 effect, he is a former combat medic for the 2nd battalion, 16th Infantry Regiment. The applicant served from 2008 and was chaptered roughly eight months early for a pattern of misconduct. The applicant served in Iraq as a sniper medic, aid station medic as well as a line medic. Prior to his deployment, his service was nothing short of exemplary and was one of the top performing medics in the unit in regards to physical training, medical training, and marksman. The applicant was a two-time attendee of the pre-Ranger School course and had full intention of attending Ranger school after his deployment. The applicant quickly popped up on Senior NCO and Officers radar and the applicant was at once being argued over about what unit he would be attached to during their deployment to Iraq. Upon returning from deployment, the applicant had no idea the traumatic experiences he witnessed in Iraq would be the driving force of his decisions for almost the next five years. In an infantry unit, there is a large stigma around mental health and how people who seek help are portrayed. From being called a "pussy", to senior NCOs not wanting a Soldier in their platoons. The applicant felt forced to ignore his signs of PTSD and continue on with the mission. Over the next six months, his behavior and general outlook on everything went completely down the drain. The applicant went from never showing up late to a formation to having to be dragged out of bed; from Pre- Ranger courses to extra-duty/Article 15s. The applicant went down a destructive path and never once thought to put two and two together. The reason the applicant was acting out was because he had so much built up anger, sadness and frustration inside of him. He never knew his behavior was an obvious cry for help, which no one could hear. Eventually he was discharged for a pattern of misconduct. The applicant went down the same path between 2011 and 2014. The applicant refused to admit his obvious case of PTSD and depression. Early 2015, the applicant began seeking mental health help through the VA. Since then, he has attended in and out patient treatments through the VA. The applicant received a 50 percent service-connected disability for PTSD. The applicant states, he has made leaps and bounds to become the man he is now. He has no problem and completely agrees with the discharge he was given at the time. The applicant is remorseful, which he carries on his shoulders and at times is incredibly hard for him to bear. Had he known then what he knows now about PTSD, there is no telling where his life would be at and how far up the ranks he may have reached. The applicant states, one is never truly cured of PTSD and those memories and feelings will always be inside him, but he has dedicated the last five years of his life to understanding and educating himself on the topic. The applicant has a clean criminal record and regularly attends group therapy meetings. The applicant has his good days and bad days, but he considers himself as rehabilitated as he can be. 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 no BH diagnoses. The VA has also diagnosed the applicant with Cannabis Use Disorder, Alcohol Use Disorder and PTSD 'by history'. The applicant is 70% service connected for combat related 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 30 October 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat 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), 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 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 19 October 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 October 2011 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant failed to report, he went Absent Without Leave, he was disrespectful to a noncommissioned officer, and he had an open container of alcohol. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 4 October 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 5 October 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 July 2008 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68W10, Health Care Specialist / 3 years, 3 months, 19 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (1 September 2009 - 22 May 2010) f. Awards and Decorations: ARCOM, NDSM, GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 14 July 2011, reflects the applicant was apprehended for: Transporting an Open Container of Alcohol (On Post). Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 17 September 2011; and, From "AWOL" to "PDY," effective 19 September 2011. FG Article 15, dated 25 August 2011, for unlawfully transport a in a privately owned vehicle an open container of liquor (14 July 2011). The punishment consisted of a reduction to E-1; forfeiture of $733 pay per month for two months (suspended); and, extra duty and restriction for 45 days. General Officer Memorandum Of Reprimand, dated 31 August 2011, for driving under the influence of alcohol on 14 July 2011. Early that morning he was stopped by a Fort Riley, KS police officer for failing to maintain a single lane of travel on 1ST Division Road. The applicant veered out of his lane, and nearly hit the police officer's vehicle. The officer followed the applicant and saw him almost strike a guardrail. The officer detected the odor of an alcoholic beverage coming from his vehicle. The applicant submitted to standardized fiel sobriety tests and shoed multiple signs of impairment. The applicant was placed under arrest and transported to the Fort Riley police department. The applicant submitted to a breath test using the Intoxilyzer 8000 that resulted in a blood alcohol content of .065. The totality of the evidence gathered from the observation of his driving and his performance on field sobriety tests indicated his level of intoxication was sufficient to impair the rational and full exercise of his physical faculties. Several Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; VA service- connected disability compensation letter; VA Summary of Benefits letter. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, he has a clean criminal record and regularly attends group therapy meetings. 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 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. 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 contends he was suffering from undiagnosed PTSD, which affected his behavior and led to his discharge. The applicant provided a VA letter, which certified he receives compensation for a service-connected disability; however, the letter did not indicate any medical conditions. Further, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant contends that he had good service, which included a combat tour. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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 30 October 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat 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), 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 AR20200002941 6