1. Applicant's Name: a. Application Date: 21 June 2016 b. Date Received: 23 June 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, the characterization of service is improper because he was not notified of the specific factors in his service record that warranted a general (under honorable conditions) characterization of service as addressed in AR 635 200, paragraph 5-1(b). The characterization of service is inequitable because the applicant's record is free of any serious misconduct or infractions. The only misconduct present in the record is failing to report to his appointed place of duty; this misconduct is directly attributable to the severely sedating side effects of medications prescribed by his psychiatrist and a diagnosed sleep condition. Per the Board's Medical Officer, based on the information available for review at the time, case file, AHLTA and JLV reviewed. AHLTA notes indicate that applicant was diagnosed with Generalized Anxiety Disorder which existed prior to service but was unrecognized and undiagnosed. Applicant had significant difficulty while in the Army with worry, panic symptoms and insomnia. He was started on antianxiety medications which made him sleepy, resulting in him oversleeping in the mornings and getting in trouble with his unit for not being at his place of duty. His unit was not supportive of applicant-at one point, he was hospitalized for suicidality and, immediately after discharge from hospital, was placed on extra duty. All this type of treatment accomplished was to make the applicant more anxious and more dysfunctional. He was also diagnosed with several sleep disorders (Upper Airway Resistance Syndrome, Bruxism and Parasomnias). VA notes indicate applicant has a diagnosis of Generalized Anxiety Disorder and Depression. While his anxiety disorder existed prior to service, the medical record clearly documents that his anxiety disorder was aggravated by military service. Based on the available information, applicant has a behavioral health condition which is mitigating for his misconduct. As Generalized Anxiety Disorder is associated with insomnia and medications for GAD are typically sedative in nature and can cause early morning sleepiness, there is a nexus between his GAD and the offenses of failing to report to duty which resulted in his discharge from the Army. In a records review conducted at Arlington, VA on 13 September 2017, and by a 5-0 vote, the Board determined that the discharge was improper. The records show the proper discharge and separation procedures were not followed in this case. Army Regulation 635-200, Chapter 5, paragraph 5-1b, states no Soldier will be awarded a character of service of general, under honorable conditions under this Chapter unless the Soldier is notified of the specific factors in his service record which warrants such a characterization, using the notification procedure. The record indicates the applicant was not notified of any specific factors which would warrant a general, under honorable conditions characterization of service. Therefore, the discharge being improper the Board granted relief in the form of an upgrade of the characterization of service to honorable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Condition, Not A Disability / AR 635- 200 / Chapter 5, Paragraph 5-17 / JFV / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 19 September 2011 c. Separation Facts: Yes, they were provided by the applicant with his application. (1) Date of Notification of Intent to Separate: 25 July 2011 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he was diagnosed with a personality disorder or other mental condition that was of sufficient severity to interfere with his ability to function in the military. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 27 July 2011 (5) Administrative Separation Board: The applicant waived consideration of his case by an administrative separation board (although he was not entitled to a board). (6) Separation Decision Date / Characterization: 4 August 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 December 2009 / 3 years b. Age at Enlistment / Education / GT Score: 23 years / HS Graduate / 128 c. Highest Grade Achieved / MOS / Total Service: E-3 / 27D10, Paralegal Specialist / 1 year, 8 months, 21 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Hawaii f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Summarized Article 15, dated 6 June 2011, for without authority, fail to go at the time prescribed to his appointed place of duty x3 (21 January 2011, 16 March 2011 and 31 May 2011); extra duty and restriction for 7 days. CG Article 15, dated 11 July 2011, for without authority, fail to go at the time prescribed to his appointed place of duty x3 (17 June 2011, 21 June 2011 and 29 June 2011); reduction to PV2 / E-2, extra duty and restriction for 14 days and oral reprimand. The applicant received numerous negative counseling statements for various acts of misconduct and being informed of his pending separation. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Health Evaluation, dated 26 May 2011, revealed that the applicant had an Axis I diagnosis of a generalized anxiety order. The SM manifests a long standing chronic pattern of excessive worry and anxiety that existed prior to him joining the Army and has continued to cause him significant distress and difficulty functioning and coping in the Army setting. His disorder is of sufficient severity to interfere with his ability to function in the military. The applicant met medical retention standards in accordance with AR 40-501 and does not warrant disposition through medical channels. He did not meet criteria for MEB/PEB for any current or recent psychological issues. He screened negative for both PTSD and TBI. Expeditious discharge from the US Army per Chapter 5-17 is strongly encouraged. Report of Mental Health Evaluation, dated 9 June 2011, relates the applicant had an Axis I diagnosis of an adjustment disorder. He was admitted to ward 4B2 with depression and suicidal ideation. These thoughts have since resolved and he is deemed stable for discharge to command. He met psychiatric criteria for expeditious administrative separation per Chapter 5-17, AR 635 200 and he was psychiatrically cleared for any administrative action deemed appropriate by command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); chapter 5-17 separation packet, which included Articles 15, counseling statements, memoranda with attached physical profiles and other documents from psychiatrist to command, psychiatric medical records and mental evaluation (156 pages). 6. POST SERVICE ACCOMPLISHMENTS: The applicant states in his application since his discharge from the Army, he enrolled in college full time and graduated (summa cum laude with a 4.0 CPA) from Chaminade University of Honolulu with dual majors in English and History. He also became a licensed real estate broker in Portland, OR. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier's ability to function in the military environment is significantly impaired. AR 635-200, paragraph 5-1, states a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. A general discharge (GD) under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge (HD) is rarely ever granted. An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service which warrant such characterization. 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 the characterization of service from general (under honorable conditions) to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. Army Regulation 635-200, Chapter 5, paragraph 5-1b, states no Soldier will be awarded a character of service of general, under honorable conditions under this Chapter unless the Soldier is notified of the specific factors in his service record which warrants such a characterization, using the notification procedure. The record indicates the applicant was not notified of any specific factors which would warrant a general, under honorable conditions characterization of service. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 13 September 2017, and by a 5-0 vote, the Board determined that the discharge was improper. The records show the proper discharge and separation procedures were not followed in this case. Army Regulation 635-200, Chapter 5, paragraph 5-1b, states no Soldier will be awarded a character of service of general, under honorable conditions under this Chapter unless the Soldier is notified of the specific factors in his service record which warrants such a characterization, using the notification procedure. The record indicates the applicant was not notified of any specific factors which would warrant a general, under honorable conditions characterization of service. Therefore, the discharge being improper the Board granted relief in the form of an upgrade of the characterization of service to honorable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD/RE Code to: No Change f. 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 AR20160011925 5