1. Applicant’s Name: a. Application Date: 29 May 2015 b. Date Received: 13 May 2015 b. Counsel: Yes 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. The applicant’s counsel seeks relief contending, in effect, that the military records failed to justify the applicant’s discharge status as required by Chapter 13, and that the Army failed to follow the counseling and rehabilitation procedure required by Chapter 5 and 13 and the applicant was never counseled formally and afforded an opportunity to overcome his purported deficiencies as required by paragraph 5-17c. The counsellor further contends that the applicant’s discharge is inequitable because a general under honorable condition discharge is normally inappropriate for Soldiers separated under Paragraph 5-17. Before a Soldier receives this type of discharge characterization, the Soldier must be “notified of the specific factor in his/her service record that warrant such a characterization.” Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a behavioral health condition of Adjustment Disorder Mixed Disturbance of Emotion and Conduct, according to electronic medical records. The applicant was inappropriately discharged due to the diagnosis being insufficient for a General Discharge. In a records review conducted at Arlington, VA on 5 August 2016, and by a 5-0 vote, the Board determined the discharge is now inequitable. The Board found the command failed to properly notify the applicant of the specific basis for award of less than an honorable discharge. The diagnosis of having an adjustment disorder with mixed disturbance of emotions and conduct alone was an insufficient basis for his receipt of a general discharge. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to honorable. However, the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Condition, Not a Disability / AR 635-200 / Paragraph 5-17 / JFV / RE-3 / General, Under Honorable Conditions b. Date of Discharge: 22 November 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was diagnosed with an adjustment disorder with mixed disturbance of emotion and conduct on 16 October 2013. [The provided information was taken from the commander’s memorandum recommending his separation] (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: NIF (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 1 November 2013 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 7 November 2012 / 5 years b. Age at Enlistment/Education/GT Score: 25 / HS Graduate / 85 c. Highest Grade Achieved/MOS/Total Service: E-4 / 35P10 / Crypto logic Linguist / 2 years, 4 months, and 23 days c. Prior Service/Characterizations: USAR, 29 June 2011 – 8 January 2012 / NA ADT, 9 January 2012 – 14 June 2012 / HD USARCG, 15 June 2012 – 6 November 2012 / NA d. Overseas Service/Combat Service: NIF [See DD Form 214, block 12, f, shows 3 months, 29 days of Foreign Service] f. Awards and Decorations: NDSM, GWTSM, ASR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: None i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: Report of Mental Status Evaluation, dated 16 October 2013, indicates the applicant was diagnosed with an adjustment disorder with mixed disturbance of emotions and conduct. The applicant was seen several times by the Behavioral Health provider since his entry into the Army, mostly related to stress about being separated from his family. The applicant was psychiatrically cleared for administrative separation deemed appropriate by the command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 13 May 2015; DD Form 214; and written statement in support of the applicant’s request for an upgrade from his lawyer, dated 11 May 2015. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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 that 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 is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that 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 his general, under honorable conditions discharge to honorable. The applicant’s available record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record shows the applicant, while in the Regular Army, was diagnosed by competent medical authority on 16 October 2013, with an adjustment disorder with mixed disturbance of emotion and conduct. The unit commander stated in his memorandum that the specific, factual reason for the applicant’s separation was because of his diagnosis of an adjustment disorder with mixed disturbance of emotion and conduct and recommended a general, under honorable conditions discharge. The notification letter to the applicant detailing the specific reason for his separation and the election of rights form is not in the available record. The applicant’s counsel contends that the military records failed to justify the applicant’s discharge status as required by Chapter 13, and that the Army failed to follow the counseling and rehabilitation procedure required by Chapter 5 and 13 and the applicant was never counseled formally and afforded an opportunity to overcome his purported deficiencies as required by paragraph 5-17c. AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements, states the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. The counsellor further contends that the applicant’s discharge is inequitable because a general under honorable condition discharge is normally inappropriate for Soldiers separated under Paragraph 5-17. Before a Soldier receives this type of discharge characterization the Soldier must be “notified of the specific factor in his/her service record that warrant such a characterization.” The evidence of record shows that the only basis provided for the separation (and general discharge) he received was his diagnosis of having an adjustment disorder with mixed disturbance of emotions and conduct. That diagnosis alone was an insufficient basis for his receipt of a general discharge. The commander set forth a basis, albeit inadequate, for awarding less than an honorable characterization and the basis for such an award was inadequate. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority and that the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 5 August 2016, and by a 5-0 vote, the Board determined the discharge is now inequitable. The Board found the command failed to properly notify the applicant of the specific basis for award of less than an honorable discharge. The diagnosis of having an adjustment disorder with mixed disturbance of emotions and conduct alone was an insufficient basis for his receipt of a general discharge. Accordingly, the Board voted to grant partial relief in the form of an upgrade of the characterization of service to honorable. However, the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable 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 OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150008910 1