1. Applicant's Name: a. Application Date: 26 April 2021 b. Date Received: 26 April 2021 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: a. Applicant's Requests and Issues: The current characterization of service for the period under review is general (under honorable conditions). The applicant requests an upgrade to honorable. The applicant seeks relief contending, in effect, the VA rated the applicant a 100 percent service connection for PTSD, which went undiagnosed while on active duty. The applicant's NCOERs went from a good rating to the bottom of the spectrum. The applicant contends not receiving any type of treatment from medical personnel and no support from the chain of command. The applicant states making decisions which were out of character because of the PTSD. b. Board Type and Decision: In a records review conducted on 31 October 2023, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to Honorable. The Board determined the narrative reason/SPD code and RE code were proper and equitable and voted not to change them. Please see Section 9 of this document for more detail regarding the Board's decision. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200, Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 9 July 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 March 2014 (2) Basis for Separation: The applicant was informed of the following reasons: Between on or about 29 April 2013 and on or about 30 April 2013, attempt to violate a lawful general regulation, to wit: paragraph 4-14b, AR 600-20, by wrongfully telling SGT J., "we should hang out" and "I have not been with a [person] in a year," and by sending a text message stating "Really need to be touched by a [person]," or words to that effect. On or about 2 December 2013, attempt to violate a lawful general regulation, to wit: paragraph 4-14b, AR 600-20, by wrongfully sending PFC K., a text message stating "I need to know if you are cool and can keep things on the down low" and "Hit me up when you are alone," or words to that effect. On or about 19 November 2013, wrongfully used reproachful words, to wit: "Did [they] tell you [they] were having my baby?", or words to that effect, towards SGT D. On or about 2 December 2013, unlawfully touch SGT D., on the back of the neck with bare hand. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 13 March 2014 (5) Administrative Separation Board: On 4 April 2014, the applicant was notified to appear before an administrative separation board and advised of rights. On 13 March 2014, the applicant conditionally waived consideration of the case before an administrative separation board, contingent upon receiving a characterization of service no less favorable than honorable discharge. On 21 March 2014, the applicant's conditional waiver was denied. On 24 April 2014, the administrative separation board convened, and the applicant appeared with counsel. The Board determined the four reasons listed in the notification memorandum were supported by a preponderance of the evidence. The board recommended the applicant's discharge with characterization of service of general (under honorable conditions). On 19 June 2014, the separation authority approved the findings and recommendations of the administrative separation board. (6) Separation Decision Date / Characterization: 19 June 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 October 2012 / Indefinite b. Age at Enlistment / Education / GT Score: 29 / High School Graduate / 120 c. Highest Grade Achieved / MOS / Total Service: E-6 / 31B30, Military Police / 12 years, 11 months, 23 days d. Prior Service / Characterizations: RA, 17 July 2001 - 7 January 2003 / HD RA, 8 January 2003 - 9 November 2005 / HD RA, 10 November 2005 - 18 July 2007 / HD RA, 19 July 2007 - 30 September 2012 / HD e. Overseas Service / Combat Service: Germany, Kosovo, SWA / Afghanistan (10 May 2009 - 24 May 2010); Iraq (10 June 2007 - 13 July 2008) f. Awards and Decorations: ACM-2CS, JSCM, ARCOM-3, JSAM, AAM-3, ASUA, AGCM-4, NDSM, GWOTSM, ICM-CS, NCOPDR-2, ASR, OSR-4, KCM-BS, NATOMDL-2 g. Performance Ratings: 11 October 2012 - 1 March 2013 / Among the Best 2 March 2013 - 1 March 2014 / Marginal h. Disciplinary Action(s) / Evidentiary Record: Memorandum For Record, 10 December 2013, Commander's Inquiry reflects from the period of April 2013 to December 2013, there have been at least six documented incidents involving the applicant which demonstrate unprofessional behavior, fraternization, and sexual harassment. There is a clear pattern of the applicant making unwanted advances towards young African American enlisted Soldiers, and where those involved have stated they found the applicant's behavior to be unprofessional and made them feel uncomfortable. The investigating officer recommends punitive action in the form of a Field Grade Article 15, and chapter paperwork is initiated to separate the from the Army. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided. Department of Veterans Affairs letter, 21 July 2021, reflects the applicant had been diagnosed with and is being treated for chronic Post Traumatic Stress Disorder (PTSD) in the Post-Traumatic Stress Disorder Clinic (PCT), at the Bruce W. Carter Department of Veterans Affairs Medical Center. The applicant's diagnosis of PTSD is related to traumatic, combat-related incidents the applicant experienced during their military service in Operation Enduring Freedom/Operation Iraqi Freedom. The applicant exhibits symptoms of distressing trauma-related memories, avoidance behaviors, hypervigilance, sleep disturbance, exaggerated startle response, poor concentration, feeling detached from loved ones and angry outbursts. The applicant also sustained a traumatic brain injury during their military service which contributes to symptoms of poor impulse control, sleep disturbances, and difficulty concentrating. The applicant also suffers from chronic pain, and migraine headaches. VA benefits letter, 2 February 2022, reflects an evaluation of 100 percent service connected with a diagnosis of post-traumatic stress disorder with anxiety, depression, and alcohol use disorder, in early remission (2) AMHRR Listed: None 5. APPLICANT-PROVIDED EVIDENCE: Online application; DD Form 293; letter of support; VA benefits letter. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. STATUTORY, REGULATORY AND POLICY REFERENCE(S): a. Section 1553, Title 10, United States Code (Review of Discharge or Dismissal) provides for the creation, composition, and scope of review conducted by a Discharge Review Board(s) within established governing standards. As amended by Sections 521 and 525 of the National Defense Authorization Act for Fiscal Year 2020, 10 USC 1553 provides 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), Traumatic Brain Injury (TBI), sexual trauma, intimate partner violence (IPV), or spousal abuse, as a basis for discharge review. The amended guidance provides 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, sexual trauma, IPV, or spousal abuse, as a basis for the discharge. Further, the guidance provides that Military Boards for Correction of Military/Naval Records and Discharge Review Boards will develop and provide specialized training specific to sexual trauma, IPV, spousal abuse, as well as the various responses of individuals to trauma. b. Multiple Department of Defense Policy Guidance Memoranda published between 2014 and 2018. The documents are commonly referred to by the signatory authorities' last names (2014 Secretary of Defense Guidance [Hagel memo], 2016 Acting Principal Deputy Under Secretary of Defense for Personnel and Readiness [Carson memo], 2017 Official Performing the Duties of the Under Secretary of Defense for Personnel and Readiness [Kurta memo], and 2018 Under Secretary of Defense for Personnel and Readiness [Wilkie memo]. (1) Individually and collectively, these documents provide further clarification 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. (2) 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. c. Army Regulation 15-180 (Army Discharge Review Board) sets forth the policies and procedures under which the Army Discharge Review Board is authorized to review the character, reason, and authority of any Servicemember discharged from active military service within 15 years of the Servicemember's date of discharge. Additionally, it prescribes actions and composition of the Army Discharge Review Board under Public Law 95-126; Section 1553, Title 10 United States Code; and Department of Defense Directive 1332.41 and Instruction 1332.28. d. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) provides the basic authority for the separation of enlisted personnel. (1) Chapter 3, Section II provides the authorized types of characterization of service or description of separation. (2) Paragraph 3-7a states an Honorable discharge is a separation with honor and is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. (3) Paragraph 3-7b states a General discharge is a separation from the Army under honorable conditions and is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. (4) 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. (5) Paragraph 14-3 prescribes a discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record. (6) Paragraph 14-12c prescribes 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. e. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 12c, Misconduct (Serious Offense). f. Army Regulation 601-210, (Regular Army and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the U.S. Army Reserve, and Army National Guard for enlistment per DODI 1304.26. It also prescribes the appointment, reassignment, management, and mobilization of Reserve Officers' Training Corps cadets under the Simultaneous Membership Program. Chapter 4 provides the criteria and procedures for waiverable and nonwaiverable separations. Table 3-1, defines reentry eligibility (RE) codes: RE-1 Applies to: Person completing his or her term of active service who is considered qualified to reenter the U.S. Army. Eligibility: Qualified for enlistment if all other criteria are met. RE-3 Applies to: Person who is not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waiverable. Eligibility: Ineligible unless a waiver is granted. RE-4 Applies to: Person separated from last period of service with a nonwaiverable disqualification. This includes anyone with a DA imposed bar to reenlistment in effect at time of separation or separated for any reason (except length of service retirement) with 18 or more years active Federal service. Eligibility: Ineligible for enlistment. 8. SUMMARY OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. The applicant requests an upgrade to honorable. The applicant contends the narrative reason for the discharge needs changed. The applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)," and the separation code is "JKQ." Army Regulation 635-8, Separation Processing and Documents, governs the preparation of the DD Form 214, and dictates the entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation stipulates no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends the separation code (SPD) should be changed. Separation codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of DoD and the Military Services to assist in the collection and analysis of separation data. The SPD Codes are controlled by OSD and then implemented in Army policy AR 635-5-1 to track types of separations the SPD code specified by Army Regulations for a discharge under Chapter 14, paragraph 14-12c, is "JKQ." The applicant contends suffering from PTSD and not receiving any type of treatment from medical personnel. The applicant provided a VA benefits letter, 2 February 2022, reflecting an evaluation of 100 percent service connection with a diagnosis of post-traumatic stress disorder with anxiety, depression, and alcohol use disorder, in early remission. Also, a Veterans Affairs letter, 21 July 2021, states the applicant has been diagnosed with and is being treated for chronic Post Traumatic Stress Disorder (PTSD) in the Post-Traumatic Stress Disorder Clinic (PCT), at the Bruce W. Carter Department of Veterans Affairs Medical Center. The applicant's diagnosis of PTSD is related to traumatic, combat-related incidents the applicant experienced during their military service in Operation Enduring Freedom/Operation Iraqi Freedom. The applicant exhibits symptoms of distressing trauma-related memories, avoidance behaviors, hypervigilance, sleep disturbance, exaggerated startle response, poor concentration, feeling detached from loved ones and angry outbursts. The applicant also sustained a traumatic brain injury during their military service which contributes to symptoms of poor impulse control, sleep disturbances, and difficulty concentrating. The applicant also suffers from chronic pain, and migraine headaches. The AMHRR is void of a mental status report. The applicant contends good service, including two combat tours. The applicant contends did not received any support from the chain of command. The applicant's AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. 9. BOARD DISCUSSION AND DETERMINATION: a. As directed by the 2017 memo signed by A.M. Kurta, the board considered the following factors: (1) Did the applicant have a condition or experience that may excuse or mitigate the discharge? Yes. The Board's Medical Advisor, a voting member, reviewed the applicant's DOD and VA health records, applicant's statement, and/or civilian provider documentation and found that the applicant has the following potentially-mitigating diagnoses/experiences: PTSD, MDD, Anxiety NOS. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found the applicant is 100 percent service-connected for PTSD. (3) Does the condition or experience actually excuse or mitigate the discharge? No. The Board's Medical Advisor applied liberal consideration and opined that the applicant's behavioral health conditions do not mitigate the applicant's discharge. The applicant's misconduct characterized by multiple attempts to violate a lawful general regulation, unlawful touching another Soldier, and wrongful use of reproachful words is not natural sequela of PTSD, MDD, or Anxiety Disorder NOS, as none of these conditions impacted the applicant's ability to appreciate the different between right and wrong and adhere to the right. (4) Does the condition or experience outweigh the discharge? No. After applying liberal consideration to the evidence, including the Board Medical Advisor opine, the Board determined that the available evidence did not support a conclusion that the applicant's Post Traumatic Stress Disorder, Major Depressive Disorder, or Anxiety outweighed the applicant's medically unmitigated offenses of violating a lawful general regulation, unlawful touching another Soldier, and wrongful use of reproachful words. b. Response to Contention(s): (1) The applicant contends suffering from PTSD. The Board liberally considered this contention but determined that the available evidence did not support a conclusion that the applicant's Post Traumatic Stress Disorder, Major Depressive Disorder, and Anxiety outweighed the applicant's medically unmitigated offenses of violating a lawful general regulation, unlawful touching another Soldier, and wrongful use of reproachful words. (2) The applicant contends good service, including two combat tours. The Board considered this contention and determined that the applicant's 12 years of service, including combat service in Afghanistan and Iraq, did outweigh the applicant's misconduct. Therefore, the Board voted to upgrade the applicant's characterization of service to Honorable. (3) The applicant contends the narrative reason for the discharge needs changed. The Board considered this contention but found that the applicants Misconduct (Serious Offense) narrative reason for separation is proper and equitable given the applicant's medically unmitigated offenses of violating a lawful general regulation, unlawful touching another Soldier, and wrongful use of reproachful words. (4) The applicant contends the separation code (SPD) should be changed. The Board considered this contention and voted to maintain the RE-code at RE-3, which is a waivable code. An RE Code of "3" indicates the applicant requires a waiver before being allowed to reenlist. Recruiters can best advise a former service member as to the Army's needs at the time and are required to process waivers of reentry eligibility (RE) codes, if appropriate. (5) The applicant contends did not received any support from the chain of command. The Board considered this contention but found insufficient evidence in the applicant's AMHRR or applicant-provided evidence to support that the applicant's support from command was inadequate. c. The Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to Honorable. The Board determined the narrative reason/SPD code and RE code were proper and equitable and voted not to change them. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's length and quality of service, to include combat service outweighed the applicant's misconduct of violating a lawful general regulation, unlawful touching another Soldier, and wrongful use of reproachful words. Thus the prior characterization is no longer appropriate. (2) The Board voted not to change the applicant's reason for discharge or accompanying SPD code, as the reason the applicant was discharged was both proper and equitable. (3) The RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason / SPD Code to: No Change d. Change RE Code to: No Change e. Change Authority to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave AMHRR - Army Military Human Resource Record BCD - Bad Conduct Discharge BH - Behavioral Health CG - Company Grade Article 15 CID - Criminal Investigation Division ELS - Entry Level Status FG - Field Grade Article 15 GD - General Discharge HS - High School HD - Honorable Discharge IADT - Initial Active Duty Training MP - Military Police MST - Military Sexual Trauma N/A - Not applicable NCO - Noncommissioned Officer NIF - Not in File NOS - Not Otherwise Specified OAD - Ordered to Active Duty OBH (I) - Other Behavioral Health (Issues) OMPF - Official Military Personnel File PTSD - Post-Traumatic Stress Disorder RE - Re-entry SCM - Summary Court Martial SPCM - Special Court Martial SPD - Separation Program Designator TBI - Traumatic Brain Injury UNC - Uncharacterized Discharge UOTHC - Under Other Than Honorable Conditions VA - Department of Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20210001535 1