1. Applicant’s Name: a. Application Date: 18 June 2015 b. Date Received: 3 August 2015 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 became suicidal in the military, spent two months in a mental hospital, and has been in and out of the hospital since. Since his discharge, he finds every day harder to support himself and needs all the help he can get. Per the Board’s Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant had no mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. Diagnosis of Schizophrenia was identified prior to enlisting in the Army. This information was withheld from recruiter and later acknowledged by both applicant and his mother. In a records review conducted at Arlington, VA on 28 September 2016, 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: Fraudulent Entry / AR 635-200, Chapter 7, Section IV / YDA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 8 January 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 December 2008 (2) Basis for Separation: The applicant deliberately concealed the fact that he was diagnosed with schizophrenia, a serious mental illness that is incompatible with military service, procured himself to be enlisted as a Private (E-1) in the US Army, and did thereafter, at or near Los Angeles, California, receive pay and allowances under the enlistment so procured (8 July 2007). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 15 December 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 18 December 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date/Period of Enlistment: 9 July 2007 / 3 years and 17 weeks (moral waiver, 23 June 2007 / medical waiver, 20 June 2007 / block 12a is incorrect and should read as annotated in the Case Report Directive) b. Age at Enlistment/Education/GT Score: 28 / HS Graduate / 105 c. Highest Grade Achieved/MOS/Total Service: E-3 / 13B10, Cannon Crewmember / 1 year, 5 months, 2 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: Hawaii / None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: Tripler Army Medical Center Memorandum, dated 18 November 2008, Subject: Recommendation for Administrative Separation, written by MAJ W.M.W., Chief Inpatient Psychiatry, advocates for an administrative separation in lieu of a medical board for the applicant. MAJ W.M.W. indicates that the applicant has schizophrenia, a serious mental illness that is incompatible with military service and that both the applicant and his mother admitted that he acquired the diagnosis long before he entered the Army. Two DA Forms 4187 (Personnel Action), dated 2 September 2008 and 1 October 2008, reflect the applicant’s duty status changed from “Present for Duty (PDY)” to “Absent Without Leave (AWOL),” effective 2 September 2008 and from “AWOL” to “PDY,” effective 1 October 2008. FG Article 15, dated 21 November 2008, for absenting himself from his unit without authority (2 September 2008 - 1 October 2008). The punishment consisted of a reduction to E-1, forfeiture of $673.00 pay for two months, and extra duty and restriction for 45 days. The applicant received several negative counseling statements for various acts of misconduct and being recommended for separation. i. Lost Time: 29 days (AWOL, 2 September 2008 - 30 September 2008) j. Diagnosed PTSD/TBI/Behavioral Health: Department of Psychiatry Physician Discharge Summary, dated 31 October 2008, revealed the applicant had a (Axis I) diagnosis of Schizophrenia, paranoid type; r/o factious d/o with psychological symptoms and prescribed medications for treatment. MEDCOM Form 4038 (Report of Mental Status Evaluation), dated 31 October 2008, reflects the applicant was diagnosed with (Axis I) Schizophrenia. DD Form 2807-1 (Report of Medical History), dated 12 November 2008, reflects the applicant was diagnosed with an anxiety disorder, not otherwise specified (NOS) and schizophrenia; he was prescribed medication for treatment. DD Form 2808 (Report of Medical Examination), dated 13 November 2008, relates the applicant was diagnosed with anxiety and schizophrenia; which was diagnosed prior to service. DA Form 3822-R (Report of Mental Status Evaluation), dated 18 November 2008, revealed the applicant shows evidence of a persecutory delusional disorder or other psychotic disorder and needs further evaluation. This condition appears to have existed prior to service and may represent a defective enlistment. The applicant did not meet the retention requirements of Chapter 3, AR 40-501; and may meet the criteria for a MEB. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 18 June 2015. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 7, paragraph 7-17 provides, in pertinent part, that a fraudulent entry is the procurement of an enlistment, reenlistment, or period of active service through any deliberate material misrepresentation, omission, or concealment of information which, if known and considered by the Army at the time of enlistment or reenlistment, might have resulted in rejection. This includes all disqualifying information requiring a waiver. A Soldier who concealed his or her conviction by civil court of a felonious offense normally will not be considered for retention. Soldiers separated under Chapter 7 may be awarded an honorable discharge, general, under honorable conditions discharge, or a discharge under other than honorable conditions. If in an entry level status, the discharge will be uncharacterized. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members’ discharges. “Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre-existing conditions which are determined not to have been incurred or aggravated while in military service.” “Conditions documented in the 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 PTSD or PTSD related conditions 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 under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD or PTSD-related conditions as a causative factor 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. Correction Boards will also exercise caution 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, and the issues submitted with his application were carefully reviewed. The record confirms 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. By the procurement of his enlistment through deliberate material misrepresentation, the applicant diminished the quality of his service below that meriting a fully honorable discharge at the time of separation. 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. The applicant seeks relief contending, he became suicidal in the military and needs all the help he can get; and he finds everyday harder to support himself. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 28 September 2016, 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 SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: No Change AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: 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 BH - Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police PTSD - Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 VA - Veterans Affair ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150013035 1