1. Applicant’s Name: a. Application Date: 6 July 2015 b. Date Received: 10 July 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general, under honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, he was discharged on the day that was to end his term of service. He contends that he has shown up late a lot of times. He was tested and it was proven that he had sleep apnea, but his NCO’s still went ahead with the chapter action on him. Per the Board’s Medical Officer, based on the information available for review at the time, the applicant had a medical condition which is mitigating for some but not all of the offenses which led to his separation from the Army. Per the military electronic medical record review, the applicant was diagnosed with obstructive sleep apnea after undergoing several polysomnographic studies. There is a likely nexus between his obstructive sleep apnea and some of the misconduct which led to his separation from the Army (failure to report on multiple occasions, missing scheduled appointments on several occasions, failing to be at his appointed place of duty on several occasions). Given his level of functional impairment due to the sleep apnea, the applicant should have been referred to the appropriate channels for medical separation. Sleep apnea is not associated with driving on a suspended license without proof of registration or insurance. Review of the electronic medical record did not reveal any behavioral health conditions which would be considered mitigating in this applicant’s case. In a records review conducted at Arlington, VA on 9 September 2016, and by a 5-0 vote, the Board determined the discharge was improper. The evidence indicates the applicant should have been separated via medical channels due to his in-service diagnosis of moderate sleep apnea. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority, with a corresponding separation (SPD) code of "JFF." This action entails a change to the reentry eligibility (RE) code to 1. (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: 12 July 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 June 2014 (2) Basis for Separation: The applicant was informed of the following reasons: failed to report to his appointed place of duty on divers occasions (between 6 December 2011 and 18 November 2013); and drove on a suspended license (25 June 2013 and 11 February 2014). (3) Recommended Characterization: General, Under Honorable Conditions (4) Legal Consultation Date: 18 June 2014 (5) Administrative Separation Board: N/A (6) Separation Decision Date/Characterization: 26 June 2014 / General, Under Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 16 February 2011 / 3 years and 23 weeks b. Age at Enlistment/Education/GT Score: 19 / HS Graduate / 90 c. Highest Grade Achieved/MOS/Total Service: E-4 / 14S10, Avenger Crewmember / 3 years, 4 months, and 27 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: None f. Awards and Decorations: NDSM, GWTSM, ASR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: CG Article 15, dated 16 January 2014, for failing to go at the time prescribed to his appointed place of duty (24 October 2013 and 30 October 2013, 4 November 2013, 5 November 2013, 6 November 2013, 13 November 2013, and 14 November 2013). The punishment consisted of a reduction to E-3, forfeiture of $443.00 pay, and extra duty and restriction for 14 days. Bar to Reenlistment Certificate, dated 16 July 2013. Several DA Forms 4856 (Developmental Counseling) dated between 6 December 2011 and 14 May 2014, for failure to report for duty on several occasions, missing a scheduled appointment on several occasions, failing to be at his appointed place of duty on several occasions; driving with a suspended license and not having proof of registration or proof of insurance, and financial obligation. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: Report of Mental Status Evaluation, dated 6 July 2014, reflects the applicant was diagnosed with (Axis I) Adjustment Disorder (per AHLTA HX). It was noted the applicant was screened for PTSD and mTBI IAW OTSG/MEDCOM Policy Memo 10-040. Results were negative. The applicant was psychiatrically cleared for Chapter 14 consideration per his command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 6 July 2015, and DD Form 214. 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. 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. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms 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. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. The applicant contends he was discharge on his ETS date and that his discharge was the result of proven testing that he suffered with sleep apnea and his chain of command initiated separation anyway. The applicant’s contention were noted; however, evidence in the record shows the applicant enlisted for a period of 3 years and 23 weeks, which would have given him a ETS date of on or about 15 August 2014. The applicant also contends at the time of discharge he was suffering from sleep apnea, which caused him to be late. However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant’s discharge is commensurate with his overall service record. 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 9 September 2016, and by a 5-0 vote, the Board determined the discharge was improper. The evidence indicates the applicant should have been separated via medical channels due to his in-service diagnosis of moderate sleep apnea. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority, with a corresponding separation (SPD) code of "JFF." This action entails a change to the reentry eligibility (RE) code to 1. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change SPD/RE Code to: JFF/RE-Code 1 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 VA - Veterans Affair ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150011647 5