1. Applicant's Name: a. Application Date: 5 January 2016 b. Date Received: 15 January 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his bad conduct discharge to uncharacterized, general (under honorable conditions), or honorable and a change to the narrative reason for separation. The applicant states, in pertinent part and in effect, prior to his enlistment, he had a history of mental health issues, substance abuse, and self-harm, which were either overlooked at the time of his enlistment or ignored. His conduct during his service in the Army was less than honorable due to the increased stress and emotional traumas. The applicant's supporting statement indicates he has been homeless and experienced more traumas since his discharge, which has led him to self-medicate. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has significant psychiatric history prior to entering Active Duty. Pre service he was diagnosed with Bipolar Disorder, manic and psychiatrically hospitalized. Has history of two suicide attempts prior to entering Active Duty. Also had serious MVA in college, which caused him to lose his football scholarship which led to increased depression, suicide attempt (cut wrists and was hospitalized) and drug use (marijuana, cocaine, methamphetamine, was eventually hospitalized for drug rehab). Reported in November 2010 that he had flashbacks of car accident. Did not meet criteria for PTSD diagnosis. Most of his problems on Active Duty are related to drug use. However, this drug use was probably due to his untreated Bipolar Disorder which was aggravated by military service. Hospitalized several times for complications related to the combination of Bipolar Disorder and drug use to include severe mood dysregulation and psychotic symptoms. Behavioral Health diagnoses listed in AHLTA include: Adjustment Disorder with Depressed Mood, Alcohol Abuse, Amphetamine Abuse, Cannabis Abuse, Depression, Major Depression, recurrent, (note-it is not uncommon for Bipolar Disorder to be incorrectly diagnosed as Major Depression, especially if the diagnosing psychiatrist is unaware of the Bipolar history), Unspecified Psychoactive Substance Abuse, continuous, Unspecified Substance Induced Psychotic Disorder. VA records contain only DOD (AHLTA) content. Based on the information currently available, the applicant has a mitigating Behavioral Health diagnosis-Bipolar Disorder, type I, severe. In a records review conducted at Arlington, VA on 31 March 2017, and by a 5-0 vote, the Board determined that clemency is warranted based on the circumstances surrounding his discharge and AWOL (i.e. pre-service bi-polar manic diagnosis that continued to plague him while in service) and the command's arbitrary and capricious actions. Accordingly, the Board voted to grant partial 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: 6 January 2015 c. Separation Facts: (1) Pursuant to Special Court-Martial Empowered to Adjudge a Bad-Conduct Discharge: As promulgated by Special Court-Martial Order Number 26, dated 18 December 2012, the applicant was found guilty of the following charges: Charge I: Two specifications of violating Article 86, UCMJ, for being AWOL on two separate occasions on 19 March 2012 until 1 June 2012, and on 12 June 2012 until 18 June 2012. Charge II: Three specifications of violating Article 112a, UCMJ, for wrongfully using marijuana on three separate occasions between 28 January 2012 and 27 February 2012, 20 December 2011 and 19 January 2012, and 13 September 2011 and 12 October 2011. (2) Adjudged Sentence and Date: A reduction to E-1, confinement for four months, and to be discharged from the service with a bad-conduct discharge, adjudged on 2 October 2012. (3) Date Sentence Approved: NIF, but according to the Result of Trial, 18 December 2012. The approved sentence would have indicated, except for that part of the sentence extending to a bad conduct discharge, would be executed (4) Appellate Reviews: NIF (5) Date Sentence of BCD Ordered Executed: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 March 2010 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 116 c. Highest Grade Achieved / MOS / Total Service: E-4 / 19D10, Cavalry Scout / 4 years, 4 months, 21 days (includes 806 days of excess leave from 23 October 2012 to 6 January 2015, creditable for all purposes, except pay and allowances) d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA / Afghanistan (26 February 2011 to 9 January 2012) f. Awards and Decorations: ARCOM; NDSM; ACM-CS; GWOTSM; ASR; OSR; NATOMDL; CAB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: i. Lost Time / Mode of Return: 162 days 80 days (AWOL, 19 March 2012 to 31 May 2012 and 12 June 2012 until 17 June 2012) 82 days (Pretrial confinement, 12 July 2012 until 1 October 2012) 806 days (Excess leave, 23 October 2012 to 6 January 2015) j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; applicant's mother-authored statement; DD form 214; deployment Orders, dated 27 January 2011; and ERB. 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 imposed. 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 "JJD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 3, Court-Martial (Other). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JJD" will be assigned an RE Code of 4. 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 bad conduct discharge to uncharacterized, general (under honorable conditions) or honorable and a change the narrative reason for his discharge. The applicant's record of service, and the issues and documents submitted with his application were carefully reviewed. The record confirms there was full consideration of all faithful and honorable service, as well as, the misconduct incidents. 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 Army Discharge Review Board (ADRB) 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. 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 the charge 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 imposed. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 3, AR 635-200 with a bad conduct discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Court-Martial (Other)," and the separation code is "JJD." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Further, in the applicant's case, the Board is empowered to change the discharge only if clemency is determined to be appropriate, and clemency is an act of mercy, or instance of leniency, to moderate the severity of the punishment imposed. As such, the Board is restricted to upgrades based on clemency. The applicant contends that medical issues, such as pre-existing behavioral health issues prior to his enlistment, contributed to his discharge from the Army. 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 behavioral health condition. If the applicant desires a personal appearance hearing, it would be his responsibility to meet the burden of proof and provide the appropriate documents, i.e., medical diagnoses and/or treatment for his behavioral health issues while on active duty, for the Board's consideration because they are not available in the official record. The applicant's supporting statement contends that he has been homeless since his discharge. However, eligibility for housing supportive program benefits for Veterans does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Moreover, all veterans at risk for homelessness or attempting to exit homelessness can request immediate assistance by calling the National Call Center for Homeless Veterans hotline at 1-877-424-3838 for free and confidential assistance. Based on the available 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 31 March 2017, and by a 5-0 vote, the Board determined that clemency is warranted based on the circumstances surrounding his discharge and AWOL (i.e. pre-service bi-polar manic diagnosis that continued to plague him while in service) and the command's arbitrary and capricious actions. Accordingly, the Board voted to grant partial 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 SPD/RE Code to: No Change e. 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 AR20160001520 1