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 under other than honorable conditions. The applicant requests an upgrade to honorable. The applicant seeks relief contending, in effect, during the applicant's time in the military, the applicant tried to live up to the Army Values. The applicant was an honor graduate in the basic class; was considered for Master Blaster in advanced individual training (AIT); and, received many acknowledgements for performance. The applicant was deployed with Ghost Troop, 2nd Squadron, 2nd Armored Calvary Regiment to Iraq. Upon returning, the applicant was selected to stay at Fort Polk, LA, to help with the buildup of 10th Mountain 4th BOE. During the applicant's time there, the applicant was selected to run a Combat Observation Lazing Team (COLT). The applicant volunteered to deploy with B Company, 2nd Battalion, 30th Infantry, to Afghanistan and deployed on two more occasions, thereafter. After military service, the applicant was employed as a Certified Process Server to serve civil warrants for credit card corporations and eviction notices for the local area. While working, the applicant was working towards a Bachelor's in Criminal Justice from Bethel University, currently attending, and graduated from Miller-Motte Technical College with an Associate's Degree in Security and Investigations. Upon graduation, the applicant was hired by the Houston County Sheriff's Department as a Corrections Officer. The applicant assisted in resolving and determining security issues within the closed circuit television (CCTV) monitoring system as well as the establishment of a more effective internal tracking system. When the applicant was hired, neither the applicant nor the department knew the applicant's discharge was going to be an issue until the applicant was scheduled to attend a training course given by the state and it was mentioned. The applicant was let go because of the characterization. Since then, all employers the applicant has applied, informed the applicant of being ineligible for employment because of the discharge. The applicant had to resort to trying to find odd jobs while trying to support a family of five. The applicant was recently contacted by the Sheriff and Jail Administrator and informed if the applicant's characterization was upgraded, the applicant would be able to return to the department as soon as possible. The applicant would be the first in line to be sent to the police academy. The applicant's goal is to begin working the road to eventually work with the Tennessee State Police Force. The applicant knows the actions for which the applicant was discharged were far from honorable, but over time, the applicant has realized and lived with the actions of failing not only the country, but the family and the applicant. The applicant hopes and prays the discharge is upgraded for the applicant to prove the applicant's worth. The applicant further details the contentions in a self-authored statement submitted with the application. b. Board Type and Decision: In a records review conducted on 24 August 2022, and by a 4-1 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, post service accomplishments. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to General, Under Honorable Conditions. 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, Paragraph 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 21 February 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 November 2010 (2) Basis for Separation: The applicant was informed of the following reasons: On divers occasions between 20 June and 2 July 2010, stole U.S. currency from another Soldier, while deployed, of a value of about $890.60; on 2 July 2010, stole an Eagle Cash Card, military property, of some value, the property of the U.S. Department of Defense; and on 28 June 2010, violated Army Regulation 600-20, paragraph 4-20 by hazing a Soldier. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 17 November 2010 (5) Administrative Separation Board: On 4 December 2010, the administrative separation board convened, and the applicant appeared with counsel. The board recommended the applicant's discharge with characterization of service of under other than honorable conditions. On 11 December 2010, the separation authority approved the findings and recommendations of the administrative separation board. (6) Separation Decision Date / Characterization: 11 December 2010 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 December 2007 / 6 years b. Age at Enlistment / Education / GT Score: 27 / HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-5 / 13F20, Fire Support Specialist / 9 years, 6 months, 19 days d. Prior Service / Characterizations: USAF, 9 June 1999 - 6 April 2000 / HD (Break in Service) RA, 31 May 2002 - 25 March 2004 / HD RA, 26 March 2004 - 30 December 2007 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (9 March 2006 - 30 November 2006; 5 June 2010 - 21 December 2010); Iraq (3 April 2003 - 30 March 2004; 27 November 2007 - 8 January 2009) f. Awards and Decorations: ICM-2CS, ARCOM-2, AAM-2, VUA, AGCM-2, NDSM, ACM- 2CS, GWOTEM, GWOTSM, HSM, NCOPDR, ASR, OSR-2, AFTR, NATOMDL-2 g. Performance Ratings: 1 June 2007 - 10 December 2007 / Marginal h. Disciplinary Action(s) / Evidentiary Record: Military Police Interview Worksheet, dated 28 July 2010, reflects the applicant was investigated for Larceny of Government Property and Larceny of Private Funds, and admitted to the offenses. An AR 15-6 Investigation Findings and Recommendations, dated 4 December 2010, reflects the administrative separation board found: The preponderance of the evidence did support the allegation the applicant on divers occasions between 20 June and 2 July 2010, stole U.S. Currency from another Soldier, while deployed, of a value of $890.60 and on 20 June 2010, the applicant stole an Eagle Cash Card, military property, the property of the U.S. Department of Defense. The preponderance of the evidence did not support the allegation the applicant violated AR 600-20, paragraph 4-20 by hazing a Soldier. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Behavioral Health Evaluation, dated 26 October 2010, reflects the applicant had the mental capacity to understand and participate in the proceedings and was mentally responsible. The applicant was diagnosed with: PTSD by history. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, self-authored statement; Verbatim Finding and Recommendations Worksheet; college transcript; Associate's Degree; seven third party letters/character references; electronic mail communications. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends being employed as a Certified Process Server; obtaining an Associate's Degree in Security and Investigations; and pursuing a Bachelor's in Criminal Justice. When the applicant was employed as a Corrections Officer, the applicant assisted in resolving and determining security issues within the CCTV monitoring system as well as the establishment of a more effective internal tracking system. 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 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) Paragraph 3-7c states Under other-than-honorable-conditions discharge is an administrative separation from the Service under conditions other than honorable and it may be issued for misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial based on certain circumstances or patterns of behavior or acts or omissions that constitute a significant departure from the conduct expected of Soldiers in the Army. (5) 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. (6) 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. (7) 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 waivable and nonwaivable separations. Table 3-1, defines reentry eligibility (RE) codes. RE-3 applies to a person who is not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waivable. Eligibility: Ineligible unless a waiver is granted. 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's record of service, the issues and documents submitted with the application were carefully reviewed. 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 an under other than 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 PTSD affected behavior which led to the discharge. The applicant's AMHRR contains documentation which supports a diagnosis of in-service PTSD. The record shows the applicant underwent a behavioral health evaluation (BHE) on 26 October 2010, which reflects the applicant had the mental capacity to understand and participate in the proceedings and was mentally responsible. The applicant was diagnosed with: PTSD by history. The BHE was considered by the separation authority. The applicant contends family and/or financial issues affected behavior and the command did not assist the applicant with the issues. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends good service, including four combat tours. The applicant contends an upgrade of the discharge will allow the applicant to obtain better employment. The Board does not grant relief to gain employment or enhance employment opportunities. The applicant contends being employed as a Certified Process Server; obtaining an Associate's Degree and pursuing a Bachelor's Degree; and as a Corrections Officer, assisting to resolve and determine security issues within the CCTV monitoring system as well as the establishment of a more effective internal tracking system. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. No law or regulation provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in civilian life after leaving the service. 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 third party statements provided with the application speak highly of the applicant. They all recognize the applicant's good military service and good conduct after leaving the Army. 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: Adjustment Disorder and PTSD. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found records contain in-service BH diagnoses of Adjustment Disorder, and PTSD. VA records do not contain any additional BH diagnoses. The applicant is 80% service connected, 70% 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 while the applicant has a BH diagnosis of PTSD it is not a mitigating factor for applicant's misconduct. Stealing currency from another Soldier while deployed and stealing an Eagle Cash Card (debit card) are not part of the sequela of symptoms associated with PTSD. (4) Does the condition or experience outweigh the discharge? No. Despite the Board's application of liberal consideration, the Board concurred with the opinion of the Board's Medical Advisor, a voting member, that the available evidence did not support a conclusion that the applicant's Adjustment Disorder and PTSD outweighed the basis for applicant's separation - Stealing currency from another Soldier while deployed and stealing an Eagle Cash Card (debit card). b. Response to Contention(s): (1) The applicant contends the narrative reason for the discharge needs changed. The Board considered this contention and determined the applicant's narrative reason for discharge does not warrant a change. The applicant was properly and equitably discharged. (2) The applicant contends PTSD affected behavior which led to the discharge. The Board considered this contention and determined the applicant's length and quality of service, to include combat service, PTSD diagnosis, and post service accomplishments outweigh the discharge. The Board voted to upgrade the characterization of service to General, Under Honorable Conditions. (3) The applicant contends family and/or financial issues affected behavior and the command did not assist the applicant with the issues. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's length and quality of service, to include combat service, PTSD diagnosis, and post service accomplishments outweighing the applicant's Stealing currency from another Soldier while deployed and stealing an Eagle Cash Card (debit card) basis for separation. (4) The applicant contends good service, including four combat tours. The Board recognizes and appreciates the applicant's willingness to serve and considered this contention during board proceedings along with the totality of the applicant's service record. (5) The applicant contends being employed as a Certified Process Server; obtaining an Associate's Degree and pursuing a Bachelor's Degree; and as a Corrections Officer, assisting to resolve and determine security issues within the CCTV monitoring system as well as the establishment of a more effective internal tracking system. The ADRB 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 must 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. In this case, the Board determined that an upgrade to General, Under Honorable Conditions was warranted. (6) The applicant contends an upgrade of the discharge will allow the applicant to obtain better employment. The Board does not grant relief to gain employment or enhance employment opportunities. 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, the circumstances surrounding the discharge (PTSD diagnosis) and post service accomplishments. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to General, Under Honorable Conditions. The Board determined the narrative reason/SPD code and RE code were proper and equitable and voted not to change them. However, the applicant may request a personal appearance hearing to address further issues before the Board. The applicant is responsible for satisfying the burden of proof and providing documents or other evidence sufficient to support the applicant's contention(s) that the discharge was improper or inequitable. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to General Under Honorable Conditions because the length and quality of service, to include combat service, PTSD diagnosis, and post service accomplishments outweighed the applicant's misconduct of Stealing currency from another Soldier while deployed and stealing an Eagle Cash Card (debit card). 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: General, Under Honorable Conditions 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 AR20210002610 1