N THE CASE OF: Mr. BOARD DATE: 9 March 2015 CASE NUMBER: AR20140021572 ___________________________________________________________________________ Board Determination and Directed Action After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation which follows, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the discharge involving the applicant’s major depressive disorder, nexus between the symptoms and diagnoses, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. Presiding Officer I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case. THE APPLICANT’S REQUEST AND STATEMENT: 1. The applicant requests to upgrade the characterization of his service from general, under honorable conditions to fully honorable, and to change the narrative reason for his discharge. 2. The applicant states, in pertinent part and in effect, he believes the narrative reason for his discharge is unjust and unfair, because he was diagnosed with a major depression disorder and was recommended for separation under the provisions of paragraph 5-17, physical condition not a disability, known as, failure to adapt, but was denied by his command. His first sergeant and commander supported his excellent service while under their command. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 15 December 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 12 September 2013 d. Reason/Authority/SPD/RE Code: Misconduct (Minor Infractions), AR 635-200, Paragraph 14-12a, JKN, RE-3 e. Unit of assignment: A Co, 100th Bde Support Bn, Fort Sill, OK f. Current Enlistment Date/Term: 7 August 2012, 3 years, 19 weeks g. Current Enlistment Service: 1 year, 1 month, 6 days h. Total Service: 1 year, 1 month, 6 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-2 l. Military Occupational Specialty: 88M10, Motor Transport Operator m. GT Score: 95 n. Education: HS Graduate o. Overseas Service: None p. Combat Service: None q. Decorations/Awards: NDSM; GWOTSM; ASR r. Administrative Separation Board: No s. Performance Ratings: None t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The record shows the applicant enlisted in the Regular Army on 7 August 2012, for a period of 3 years and 19 weeks. He was 27 years old at the time of entry and a high school graduate. He was trained in and awarded military occupational specialty (MOS) 88M10, Motor Transport Operator. His record documents no acts of valor or significant achievement. He completed 1 year, 1 month, and 6 days of active duty service. SEPARATION FACTS AND CIRCUMSTANCES: 1. The evidence contained in the applicant’s service record indicates that on 9 August 2013, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12a, AR 635-200, by reason misconduct for minor disciplinary infractions, specifically for failing to report to his appointed place of duty at the prescribed time on divers occasions (130605-130625). 2. Based on the above misconduct, the unit commander recommended a general, under honorable conditions discharge and advised the applicant of his rights. 3. On 9 August 2013, the applicant consulted with legal counsel, was advised of the impact of the discharge action and did not submit a statement on his own behalf. The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts. The intermediate commander reviewed the proposed action and recommended approval with a general, under honorable conditions discharge. 4. On 9 August 2013, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions. 5. The applicant was discharged from the Army on 12 September 2013, with a characterization of service of general, under honorable conditions under the provisions of Chapter 14, paragraph 14-12a, AR 635-200, for misconduct (minor infractions), a Separation Program Designator code (SPD) of JKN, and an RE code of 3. 6. The applicant’s service record does not contain any evidence of unauthorized absences or time lost. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: 1. There is no record of any actions under the Uniform Code of Military Code (UCMJ). 2. Three negative counseling statements, dated between 21 May 2013 and-5 June 2013, for failing to be at his appointed place of duty at the prescribed time in violations of Article 86, UCMJ; receiving numerous verbal and written counseling statements; and being considered for an involuntary separation under Chapter 11, AR 635-200. 3. Memorandum for Record, dated 25 July 2013, rendered by SGT C confirms that there were plans of action for two counseling statements given on 4 and 5 June 2013. 4. Report of Mental Status Evaluation, dated 5 July 2013, indicates, in pertinent part, that the applicant was diagnosed with a major depressive disorder, and dependent and histrionic personality traits. The report included a recommendation for an expeditious administrative medical separation under paragraph 5-17, AR 635-200. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a self-authored statement; letter of recommendation, dated 26 August 2013; two character reference letters, dated 26 June 2013 and18 March 2014; Report of Mental Status Evaluation, dated 5 July 2013; separation packet; ERB, dated 20 June 2013; Privacy Act Statement, dated 6 August 3013; and health records. POST-SERVICE ACTIVITY: The applicant provided none. REGULATORY AUTHORITY: 1.  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. 2. Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’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. Whenever there is doubt, it is to be resolved in favor of the individual. 3. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. 4. 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 "JKN" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12a, misconduct (minor infractions). 5. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKN" will be assigned an RE Code of 3. DISCUSSION AND RECOMMENDATION: 1. The applicant’s request for an upgrade of the characterization of his discharge and to change the narrative for his discharge was carefully considered. However, after examining the applicant’s record of service, his military records, the documents and the issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge or to change the narrative reason for his discharge. 2. 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. By the incidents of misconduct, the applicant diminished the quality of his service below that meriting a fully honorable discharge. The applicant’s record of service was marred by negative counseling statements. 3. 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. 4. The applicant contends the discharge was unjust and unfair because he was diagnosed with a major depression disorder and was recommended for separation under the provisions of paragraph 5-17, physical condition not a disability, known as failure to adapt, but was denied by his command. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he may have been unjustly discriminated. In fact, the applicant’s negative counseling statements justify acts of misconduct. The applicant’s statements alone do not overcome the government’s presumption of regularity and insufficient evidence has been provided with the request for an upgrade of the discharge. 5. The applicant contends that medical issues contributed to his discharge from the Army. However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 5 July 2013, the applicant underwent a mental status evaluation which indicates he was able to recognize right from wrong. It appears the applicant’s chain of command determined that although he was suffering from mental health issues, he knew the difference between what was right and wrong as indicated by the mental status evaluation. 6. The applicant contends the narrative reason for the discharge should be changed because he was recommended for separation under the provisions of paragraph 5-17, physical condition not a disability. However, the applicant was discharged under the provisions of Chapter 14, paragraph 14-12a, AR 635-200 with a general, under honorable conditions discharge as approved by the separation authority. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Minor Infractions)," and the separation code is "JKN." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 7. The applicant contends that he had good service as supported by his first sergeant and commander. The applicant’s quality of service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. However, this service was determined not to be sufficiently mitigating to warrant an upgrade to the characterization of discharge as shown by the repeated incidents of misconduct as documented by the negative counseling statements. 8. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant’s discharge is commensurate with his overall service record. Accordingly, the records show the proper discharge and separation authority procedures were followed in this case. 9. Therefore, the reason for discharge and the characterization of service being both proper and equitable, recommend the Board deny relief. BOARD DETERMINATION AND DIRECTED ACTION After carefully examining the applicant’s record of service during the period of enlistment under review and notwithstanding the Discussion and Recommendation, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the discharge involving the applicant’s major depressive disorder, nexus between the symptoms and diagnoses, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 22 April 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 5 No Change: 0 Reason Change: 0 No Change: 5 (Board member names available upon request) Board Action Directed: Issue a new DD Form 214: Yes Change Characterization to: Honorable Change Reason to: No Change Change Authority for Separation: NA Change RE Code to: NA Grade Restoration to: NA Other: NA Legend: AMHRR - Army Military Human Resource Record FG - Field Grade IADT – Initial Active Duty Training RE - Reentry AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than Honorable Conditions ADRB Case Report and Directive (cont) AR20140021572 Page 7 of 7 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1