1. Applicant's Name: a. Application Date: 24 January 2017 b. Date Received: 24 January 2017 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 a change to the narrative reason for separation. The applicant seeks relief contending, in effect, his discharge was not legitimate. He was wrongfully accused of actions he did not commit. The record indicates the applicant had a prior records review in October 2010. Per the Board's Medical Officer, based on the information available for review at the time, there was not a nexus between a behavioral health or medical condition and the misconduct which led to the applicant's separation from the Army. There was sufficient evidence to determine the applicant displayed alcohol abuse behaviors; however, he did not manifest long-term depression consistent with suicidal ideation. He was not diagnosed with an Alcohol Use Disorder; however, he was seen by the Substance Use Disorder Clinic on four occasions and did receive a DUI and underage drinking charges. The evidence indicates the basis of separation was incorrect. The Clinical Psychologist did not recommended the applicant be separated from the Army expeditiously. The applicant endorsed an episode of depression and suicidal ideation, but was able to contract for safety and benefited from short-time use of medication. It was in the opinion of the provider that the applicant was retainable and was making strides with depression. In a personal appearance hearing conducted at Arlington, VA on 8 May 2017, and by a 5-0 vote, the Board determined that the discharge was improper. The evidence in the record confirms that arbitrary or capricious actions by the command resulted in the applicant being improperly discharged under the provisions of AR 635-200. Chapter 5-17. In addition, review of the AHLTA notes and contrary to the basis of the applicant's discharge, the clinical psychologist did not recommend that the applicant be separated from the Army expeditiously. The records show the proper discharge and separation procedures were not followed in this case. Therefore, the discharge being improper the Board granted relief in the form of an upgrade of a change to the characterization of service to "Honorable," and a change to the narrative reason for separation to "Secretarial Authority," under the provisions of AR 635-200, Chapter 5, Paragraph 5-3, with a corresponding separation (SPD) code of "JFF." (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 June 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 June 2007 (2) Basis for Separation: The applicant was manifested with long-term depression and consistent suicidal ideation which is incompatible with continued military service. The Clinical Psychologist recommended that he be separated from the Army. Expeditious process of this separation was also recommended, to reduce the risk of further instability and possible harm to himself or others. He presented suicidal ideation and initially refused to contract for safety. In addition, he committed the following misconduct - drinking under age. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 11 June 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 14 June 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 May 2006 / 3 years, 20 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 120 c. Highest Grade Achieved / MOS / Total Service: E-3 / 13F10, Fire Support Specialist / 1 year, 1 month, 11 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant received several negative counseling statements for being notified for separation under Chapter 5-17 for depression, under-age drinking, and loss of driving privileges. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; additional documents 1, resume; additional documents 3, US Forest Service Certificate of Merit; US Department of Agriculture Certificate of Merit; college transcript; Avera Midwest Psychiatric Medicine Psychiatric Evaluation; additional documents 2, OMPF documents; and body building photos; additional documents 4, chapter 5- 17 discharge packet; and a support statement. 6. POST SERVICE ACCOMPLISHMENTS: The applicant earned a B.S. Degree in Political Science: International Relations and Comparative Politics, International Development. He is currently a student in a Master's Program for Public Relations. 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 (under honorable conditions) discharge (GD) 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. 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 "JFV" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5-17, for Condition, Not a Disability. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFV" 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 a change to the narrative reason for separation. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record shows the applicant was diagnosed by competent medical authority, which he manifested with long-term depression and consistent suicidal ideation. The clinical psychologist recommended that he be separated from the Army. Expeditious process of this separation was also recommended, to reduce the risk of further instability and possible harm to himself or others. The applicant requested a change to the narrative reason for separation. 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 "JFV" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-17, condition, not a disability. The regulation further stipulates that no deviation is authorized. The applicant contends that his discharge was not legitimate and that he was wrongfully accused of actions he did not commit. The independent psychiatric evaluation submitted with the application is acknowledged. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support these contentions. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. Further, at the time the applicant was notified he was being separated from the Army, he committed the misconduct of underage drinking. The third party statement provided with the application speak highly of the applicant. However, the person providing the character reference statement was not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, this statement did not provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents. b. The applicant presented no additional contentions. c. Witness(es) / Observer(s): Kandace A Kriedel (Fiance) (O) 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 8 May 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. Therefore, the discharge being improper the Board granted relief in the form of an upgrade of a change to the characterization of service to "Honorable," and a change to the narrative reason for separation to "Secretarial Authority," under the provisions of AR 635-200, Chapter 5, Paragraph 5-3, with a corresponding separation (SPD) code of "JFF." 11. BOARD ACTION DIRECTED: a. Issue a new DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, Chapter 5-3 e. Change SPD/RE Codes to: Change SPD to JFF / 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 AR20170000936 1