1. Applicant's Name: a. Application Date: 28 November 2015 b. Date Received: 4 December 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, his discharge was given to him while he was awaiting a Medical Board, he was diagnosed with major depressive disorder and panic disorder. The applicant alleges that his commander told him that he did not deserve a damn thing attempting to strip him of any separation benefits. His reason for discharge was listed as pattern of misconduct, yet he only received one Article 15 and his instructors referred to him as a model student. Any misconduct directly stemmed from his depression and anxiety for which he was receiving counseling from a social worker. Since his discharge, he has kept up with his treatment at the VA for depression and anxiety and he has enrolled in vocational rehabilitation employment training program. He is 50 percent service-connected disabled and has been doing the best that he can. He has earned his Bachelor's Degree and has maintained employment for over two years. He has been nominated for several awards in his field and he won an Emmy Award for Outstanding Interactive Program, which is the highest honor someone in his field can receive. He has also started an organization called Zero Platoon. The charity works with nationally touring bands to reach out to young members of the military who struggle with depression and similar issues. For more than a year, he interviewed bands about how music has helped them overcome hard times and he has toured the country raising awareness, meeting active duty troops and veterans and introducing them to touring musicians. He plans on taking bands to play at military bases to help those who are having a hard time adapting. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. The electronic medical records (AHLTA) were reviewed with clinical encounters from July 2008 through June 2009. Radiology results reviewed from November 2008 through June 2009 (all unremarkable). Laboratory results reviewed from July 2008 through May 2009 (medical drug screen - 20 March 2009 positive for amphetamines (no prescription found)). A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Administration records notes 41 problems (18 VA entered) including post-traumatic stress disorder, major depressive disorder recurrent, generalized anxiety disorder, attention deficit hyperactivity disorder (ADHD), chronic back pain, abnormal weight gain, social phobia, alcohol abuse, and others. The Veteran's Administration has service-connected the applicant at 50 percent. In a records review conducted at Arlington, VA on 8 February 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry code of NA. In view of the error, the Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Pattern of Misconduct / AR 635-200 / Chapter 14-12b / JKA / NA / General (Under Honorable Conditions) b. Date of Discharge: 1 July 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 June 2009 (2) Basis for Separation: The applicant was informed of the following reasons: violated a lawful order by leaving the company area after 2130 hours; incapacitated for the proper performance of his duties due to overindulgence of liquor or drugs; and, drunk on duty. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 11 June 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 26 June 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 July 2009 / 6 years b. Age at Enlistment / Education / GT Score: 26 / HS Graduate / 124 c. Highest Grade Achieved / MOS / Total Service: E-3 / 25V10, Combat Documentation / Production Specialist / 11 months, 3 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 24 January 2009, for failing to obey a lawful order (12 January 2009). The punishment consisted of a reduction to E-2, forfeiture of $326 pay, extra duty and restriction for 14 days, and an oral reprimand. FG Article 15, dated 10 March 2009, for wrongful previous overindulgence in intoxication liquor or drugs incapacitated for the proper performance of his duties (22 February 2009). The punishment consisted of a reduction to E-1, forfeiture of $699 pay per month for two months, extra duty and restriction for 14 days (suspended), and an oral reprimand. Numerous Developmental Counseling Forms for conduct reflecting discredit upon the Armed Forces, intoxicated on duty, drinking out of phase, training rehabilitation failure and classification, refusing to take a urinalysis, and AWOL. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: VA Disability Rating Decision letter, dated 17 May 2010, reflects the applicant was assigned a 50 percent disability for Major depressive disorder with panic disorder and agoraphobia. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: The applicant earned his Bachelor's degree, earned an Emmy award in his field, maintained employment, nominated for several awards, and started a charity that supports military members who struggle with depression. 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. 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." 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 be retained on active duty. The service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as "NA." The discharge packet confirms the separation authority approved the discharge by reason of pattern of misconduct. Soldiers processed for pattern of misconduct will be assigned an SPD Code of JKA and an RE Code of 3. The applicant contends the VA has granted him a service connected disability for major depressive disorder. 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 applicant's service record is void of a mental status evaluation. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong. The applicant contends that he had good service. 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 applicant contends he should have been medically discharged, but his commander wanted to deny him of benefits. However, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. Further, 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. The applicant contends that since leaving the Army, he has been employed, earned his bachelor's degree, has earned an Emmy award and has started a charity. The applicant's post- service accomplishments have been noted as outlined on the application and in the documents with the application. However, in review of the applicant's entire service record and the reasons for the discharge, it appears that these accomplishments did not overcome the reason for discharge and characterization of service granted. In view of the foregoing and notwithstanding the administrative error, 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 8 February 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry code of NA. In view of the error, the Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: Yes b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD / RE Code to: No Change / RE-3 e. Restore (Restoration of) Grade to: 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 AR20150019243 1