1. Applicant's Name: a. Application Date: 8 June 2016 b. Date Received: 31 October 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his bad conduct discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, he has been diagnosed with Paranoid Schizophrenic by Dr. B M, Circles Of Care. She believes the applicant's condition is what caused him problems, which led to his court- martial. Additionally, the applicant states, that he suffers from chronic chest pain, which was caused by a 240B (light machine) jamming him in the chest. Medical doctors have said this is what caused him to have blood clots in his chest. Per the Board's Medical Officer, based on the information available for review at the time within the applicant's case files, AHLTA and JLV. Case files indicate applicant was separated with BCD for multiple incidents of cocaine and marijuana use, possession of drug paraphernalia, dereliction of duty due to wrongful intoxication and accessory after the fact in a robbery (applicant told perpetrator of robbery that he should not store his stolen items in barracks but, rather, he should hide them elsewhere). JLV contains no information regarding applicant. Medical documentation provided by applicant diagnoses applicant with Chronic Paranoid Schizophrenia. Review of his treatment record indicates that applicant suffers from severe, treatment refractory schizophrenia with chronic religious, grandiose and paranoid delusions, constant auditory hallucinations and impaired judgement and social skills. Applicant is currently on both intramuscular depot Invega Sustenna at max dose and clozapine with minimal response. AHLTA records indicate that applicant was diagnosed with Dysthymic Disorder and Anxiety Disorder NOS while on active duty. Review of the BH notes indicates that many of applicant's psychiatric symptoms while on active duty were consistent with the early symptoms of schizophrenia: 4 year history of low-grade but persistent dysphoria, irritability, insomnia, concentration problems, anxiety and impaired self-esteem. These symptoms are classic early symptoms of schizophrenia. Based on the available information, it is the opinion of the Agency psychiatrist that the applicant has a mitigating BH condition, Schizophrenia, for the misconduct leading to his discharge from the Army. As Schizophrenia is strongly associated with the use of illicit substances and alcohol to self-medicate symptoms, there is a nexus between his multiple charges of marijuana and cocaine use, dereliction of duty due to alcohol intoxication, possession of marijuana, possession of drug paraphernalia and his diagnosis of Schizophrenia. As impaired judgment, impaired cognition and deficient social skills are frequently seen in Schizophrenia, there is a nexus between his diagnosis of Schizophrenia and the offense of being an accessory after the fact wherein the applicant advised another SM who had stolen goods in his possession to hide them in a place other than the barracks. In a records review conducted at Arlington, VA on 19 January 2018, and by a 5-0 vote, after carefully examining the applicant's record of service during the period of enlistment under review and hearing all testimony, the Board determined that clemency is warranted based on the applicant's length of service and the matters surrounding the discharge (i.e. post-service diagnosis of schizophrenia and in-service diagnosis of symptoms of early schizophrenia). Accordingly, the Board voted to grant relief by upgrading the applicant's characterization of service to general, under honorable conditions. A change in the reason for discharge is not authorized under Federal statute. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Court-Martial, Other / AR 635-200, Chapter 3 / JJD / RE-4 / Bad Conduct b. Date of Discharge: 19 February 2008 c. Separation Facts: (1) Pursuant to Special Court-Martial Empowered to Adjudge a Bad-Conduct Discharge: As announced by Special Court-Martial Order Number 12, dated 12 September 2006, on 20 May 2013, the applicant was found guilty of the following: Charge I, dismissed. Charge II, three specifications, in violation of Article 112a, UCMJ, for: Wrongfully used cocaine (between 12 and 16 November 2005); Guilty, consistent with the plea. Wrongfully used marijuana (16 October and 16 November 2005); Guilty, consistent with the plea. Wrongfully possessed less than 30 grams of marijuana (16 October and 16 November 2005); Guilty, consistent with the plea. Charge III, in violation of Article 121, UCMJ, for: On or about 7 December 2005, stole computer equipment, parade rifles, and a compound bow, military property, of a value of greater than $500.00, the property of the United States Government; Not Guilty, but guilty of accessory after the fact. On or about 7 December 2005, Private N had committed an offense punishable by the Uniform Code of Military Justice - to wit: larceny, did, at or near Fort Carson, Colorado, on or about 7 December 2005, in order to hinder the apprehension of the said Private N, the applicant assisted the said Private N by suggesting to Private N that hiding stolen government property in the barracks was a bad idea and that he should hide it somewhere else, a violation of Article 78, UCMJ. Upon motion by the government the military judge amended Charge Ill arid its Specification to conform to the applicant's plea. Finding: Guilty. Additional Charge I, Article 112a, UCMJ: The Specification: At or near Colorado Springs, Colorado, between on or about 7 February 2006 and 7 March 2006, wrongfully used marijuana. Plea: Guilty. Finding: Guilty. Additional Charge II, Article 92, UCMJ: The Specification on or about 23 February 2006, violated a lawful general regulation, to wit: paragraph 4-6, Fort Carson Regulation 210-18, dated 15 May 1997, by wrongfully possessing drug paraphernalia, on Fort Carson, Colorado. Plea: Guilty. Finding: Guilty. Additional Charge III, Article 92, UCMJ: The Specification: At or near Fort Carson, Colorado, on or about 7 -March 2006, as a result of wrongful previous overindulgence in intoxicating liquor or drugs, was incapacitated for the proper performance of his duties. Plea: Guilty. Finding: Guilty. Additional Charge IV, four specifications, Article 112a, UCMJ: Between on or about 16 December 2005 and 19 December 2005, wrongfully used cocaine. Plea: Guilty. Finding: Guilty. Between on or about 19 November 2005 19 December 2005, wrongfully used marijuana. Plea: Guilty. Finding: Guilty. * Between on or about 31 December 2005 and 3 January 2006, wrongfully used cocaine. Plea: Guilty. Finding: Guilty. Between on or about 10 March 2006 and 10 April 2006, wrongfully used marijuana. Plea: Guilty. Finding: Guilty. (2) Adjudged Sentence: To be confined for 10 months, and to be discharged from the service with a Bad Conduct discharge. (3) Date/Sentence Approved: 12 September 2006 / The sentence was approved and, except for that part of the sentence extending to a bad conduct discharge, would be executed. The applicant was credited with nine days of confinement against the sentence to confinement. (4) Appellate Reviews: The record of trial was forwarded to The Judge Advocate General of The Army for review by the Court of Military Review. The United States Army Court of Criminal Appeals affirmed the approved findings of guilty and the sentence. (5) Date Sentence of BCD Ordered Executed: 26 October 2007 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 September 2004 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 26 / GED / 98 c. Highest Grade Achieved / MOS / Total Service: E-2 / 11B10, Infantryman / 2 years, 9 months, 19 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Special Court-Martial Order as described in previous paragraph 3c. Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Confined by Military Authorities (CMA)" effective 20 May 2006; and, From "CMA" to "PDY," effective 28 January 2007. i. Lost Time / Mode of Return: 253 days (CMA, 20 May 2006 - 28 January 2007) / Released to unit. j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a letter from his psychiatrist, dated 21 September 2016, which reflects the applicant was diagnosed with Paranoid schizophrenia (Axis I). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; mental health treatment records; and, a letter from his psychiatrist. 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 3, Section IV establishes policy and procedures for separating members with a dishonorable or bad conduct discharge; and provides that a Soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial; and that the appellate review must be completed and the affirmed sentence ordered duly executed. Because relevant and material facts stated in a court-martial specification are presumed by the ADRB to be established facts, issues relating to the applicant's innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a special court-martial, the action of the ADRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service 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 a mental health condition, including PTSD; TBI; or sexual assault/harassment 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 characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors 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. Caution shall be exercised 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 bad conduct discharge to a general (under honorable conditions) discharge. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The service record indicates the applicant was adjudged guilty by a court-martial and the sentence was approved by the convening authority. Court-martial convictions stand as adjudged or modified by appeal through the judicial process. The Board is empowered to change the discharge only if clemency is determined to be appropriate. Clemency is an act of mercy, or instance of leniency, to moderate the severity of the punishment imposed. The applicant contends that he has been diagnosed post-service with paranoid schizophrenic, which he believes affected his behavior while in service and ultimately led to his discharge. 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 military judge determined that he knew the difference between what was right and wrong and sentenced him accordingly. 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 19 January 2018, and by a 5-0 vote, after carefully examining the applicant's record of service during the period of enlistment under review and hearing all testimony, the Board determined that clemency is warranted based on the applicant's length of service and the matters surrounding the discharge (i.e. post-service diagnosis of schizophrenia and in-service diagnosis of symptoms of early schizophrenia). Accordingly, the Board voted to grant relief by upgrading the applicant's characterization of service to general, under honorable conditions. A change in the reason for discharge is not authorized under Federal statute. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions 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 AR20160019796 1