1. Applicant's Name: a. Application Date: 9 December 2015 b. Date Received: 8 January 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 and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, further investigation cleared him of any wrongdoing and his case was mishandled by his chain of command. Despite the inaccuracies and inconsistencies of the sworn statements, in addition to the absence of testimony from the alleged victim, the applicant contends that his commanding officer took the word of an NCO and administered him an Article 15. Shortly after, a commander's inquiry was initiated and, according to the applicant, the investigating officer determined that the "push" was unintentional and that due to the applicant's tarnished image, recommended the applicant be transferred to another unit. The applicant contends that his command refused to take into account his diagnosed chronic depression. While on extra duty, the applicant states that he had a brief moment of hitting rock bottom and attempted suicide. He was hospitalized for two weeks and later learned that he was dangerously close to permanently damaging his kidneys. He further states that his unit did not acknowledge his chronic depression until after his hospitalization; however, before the incident, they had actually trivialized it. The applicant contends that he was an excellent Soldier prior to this incident, which led to his discharge. Since his discharge, he has struggled with anxiety and hopelessness, as well as extreme difficulty coping with depression. It has been difficult to obtain a military-related or government job. Per the Board's Medical Officer, based on the information available for review at the time, the JLV showed depression has remained a problem for the applicant. There is also a note in 2015 that indicated the applicant was struggling with the death of his mother, though they relation had been ambivalent because he described her as verbally abusing him when he was a boy. Also, he was struggling with being separated as a result of military service form his wife. Despite his depression illness, it does not mitigate his assaulting a peer or having a liquor in the barracks. He gave a fairly ordinary, albeit inadequate, reason for the liquor in his room. He does have one diagnosis that emerged after service, Generalized Anxiety Disorder, but it does not mitigate his misconduct either, even if missed at the time of his discharge. The history suggests that he should perhaps have been evaluated for a personality disorder, but it also would not mitigate the misconduct described. An upgrade of the discharge for this case will have to depend on factors other than the conditions described by the applicant and the available records. He also did not appear to have met any mandatory medical retention as a result of his Major Depressive Disorder or any other psychiatric disorder. In a records review conducted at Arlington, VA on 5 April 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length of the applicant's service and the command's arbitrary and capricious actions mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes to the separation authority to AR 635- 200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 19 June 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 May 2015 (2) Basis for Separation: The applicant was informed of the following reasons: unlawfully pushed an unknown Soldier to the ground (12 January 2015); and, failed to obey a lawful general order by storing more than one bottle of hard liquor in his barracks room (5 March 2015). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 19 May 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: (Date illegible) / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 February 2013 / 3 years, 32 weeks b. Age at Enlistment / Education / GT Score: 25 / Baccalaureate Degree / 135 c. Highest Grade Achieved / MOS / Total Service: E-4 / 35M1P, Human Intelligence Collector / 2 years, 3 months, 25 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: FG Article 15, dated 20 March 2015, for failing to obey a lawful general order (5 March 2015) and unlawfully push an unidentified Soldier to the ground (12 January 2015). The punishment consisted of a reduction to E-3; forfeiture of $969 (suspended), and extra duty for 45 days. Several negative counseling statements for assaulting another Soldier, failing to comply with barracks alcohol policy, failing to obey a lawful order, making a false statement to a NCO, and failing to obey a direct order. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application and partial copy of Commander's Inquiry. 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 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" 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 the characterization of service from general (under honorable conditions) 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 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. By the misconduct (serious offense), the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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, such that he should have been retained on Active Duty. The applicant requests a change to the narrative reason for separation. However, the appropriate SPD code and reason to assign enlisted Soldiers who are discharged for Misconduct (Serious Offense) is "JKQ." The regulation further stipulates that no deviation is authorized. The applicant contends that he was cleared of any wrongdoing, his case was mishandled by his chain of command, and despite the inaccuracies and inconsistencies of the sworn statements, his commanding officer administered him an Article 15. 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. 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 this contention. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he was unjustly discriminated. In the commander's inquiry, the investigating officer found in the applicant's case, there is some evidence that the bonds of trust between leadership (Officer/NCO) and Soldiers have been damaged to an extent that the applicant would benefit from a rehabilitative transfer. The applicant's contentions regarding his struggle with behavioral health issues and the command's refusal to acknowledge those issues until after he was hospitalized for an attempted suicide were carefully considered. However, the service record contains no evidence of a diagnosis of any behavioral health issues and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. Furthermore, if the applicant was experiencing feelings, he could have presented himself at a VA medical center near his place of residence to request assistance for the issues he felt he needed help with. Moreover, the applicant contends that he was an excellent Soldier and his discharge was the result of the one incident, which was questionable. The service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. The applicant also contends that he has encountered difficulties obtaining a military-related or government job. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities 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 5 April 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length of the applicant's service and the command's arbitrary and capricious actions mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / No Change to RE code f. Restore 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 AR20160000300 1