1. Applicant's Name: a. Application Date: 11 May 2016 b. Date Received: 12 May 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and to change the narrative reason for his discharge. The applicant states, in pertinent part and in effect, he did not receive medication for his diagnosed depression and anxiety until he was being processed for an involuntary separation. He was a good Soldier who worked hard but was dealing with behavioral health issues. He admits his mistakes and requests for a chance to not pay for them the rest of his life. He would like the opportunity to be a productive member of society without the mistakes caused by not being able to handle his behavioral health issues. 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 mitigating medical or behavioral health conditions for the offenses (AWOL incidents) which led to his separation from the Army. A review of the Active Duty electronic medical records revealed diagnoses of Depression, an Adjustment Disorder with a Depressed Mood, Insomnia, Marital Problem, ADHD, Borderline Personality Disorder, and Alcohol Dependence. Because behavioral health conditions, particularly Depression and Borderline Personality Disorder, can be associated with use of alcohol and substances for self-medication, risk-taking behaviors, impaired judgment, and impulsivity, there is a nexus between this applicant's misconduct and his behavioral health symptoms. In a record review hearing conducted at Arlington, VA on 8 May 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length of the applicant's service and the circumstances surrounding his discharge (i.e. in-service diagnosis of OBH aggravated by service) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 16 December 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 May 2012 (2) Basis for Separation: The applicant had numerous AWOL incidents. (3) Recommended Characterization: General (Under Honorable Conditions) by unit commander, and Under Other Than Honorable Conditions by the battalion commander (4) Legal Consultation Date: 18 May 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 5 July 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 June 2010 / 5 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-3 / 94R10, Avionic and Survivability Equipment Repairer / 3 years, 4 months, 11 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: Negative counseling statements for being AWOL; receiving a FG Article; and being recommended for an involuntary separation. (Based on the Commander's report) FG Article for violating Article 86, either FTR or AWOL, on five separate occasions. The punishment consisted of a reduction to E-1, forfeiture of one- half month's pay for two month (suspended), and 45 days of extra duty. The memorandum further indicates the applicant was reduced on 23 March 2012. Memorandum, dated 17 May 2012, Subject: Summary of Field Grade Article 15, which listed six charges of violating the UCMJ, Article 86, for failing to be at his appointed place of duty at the prescribed time on five separate occasions, and being AWOL on one occasion. i. Lost Time / Mode of Return: 13 days 6 days (AWOL: 22 February 2012 to 27 February 2012) / applicant returned to unit 7 days (AWOL, 9 April 2012 to 15 May 2012) / applicant returned to unit j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 9 March 2012, shows that the applicant was diagnosed with (Axis I) 309.4 Adjustment Disorder with MDEC. The report further stated, his "Adjustment Disorder is aggravated by military stressors and is severe enough that he is not likely to be able to adapt to military life. Continued military service is expected to result in increased risk of harm to self or others and inability to deploy or fulfill duties required by his MOS. The Adjustment Disorder is manifested by emotional and behavioral symptoms in response to identifiable stressors and causing clinically significant distress and impairment in social and occupational functioning." Physical Profile, dated 9 March 2012, reflects the applicant received a profile for adjustment disorder. Report of Medical History, dated 17 May 2012, reflects the applicant and examiner noted behavioral health issues, and treatment. Memorandum, dated 17 May 2012, Subject: Chapter Physical, provided a summary of the applicant's behavioral health issues and recommendation. Page 3 of VA decisional document reflects the applicant was assigned 50 percent disability for panic disorder, further claimed as depression/anger, anxiety disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 214; and pages 3 and 4 of VA decision on disability. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, Pattern of Misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. 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 and to change the narrative reason for his discharge. The applicant's available 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. By incidents of misconduct, the applicant knowingly risked a military career and marred the quality of his service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant's contentions regarding his behavioral health issues were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. In consideration of the applicant's service accomplishments and quality of his service prior to these incidents of misconduct, the Board can find that his complete period of service was not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant requests to change the reason for his separation; however, the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635- 5-1 for a discharge under Chapter 14, paragraph 14-12b is "Pattern of Misconduct," and the separation code is JKA. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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 record review hearing conducted at Arlington, VA on 8 May 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length of the applicant's service and the circumstances surrounding his discharge (i.e. in-service diagnosis of OBH aggravated by service) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a new DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Minsconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Codes to: Change SPD to JKN / No Change to RE code f. Restoration to Grade: 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 AR20160009101 1