1. Applicant's Name: a. Application Date: 25 April 2016 b. Date Received: 28 April 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant also requests the recoupment for his West Point education be removed and that all debt payments, including interest is returned to him. The applicant seeks relief contending, in pertinent part and in effect, the reason for his request is that he developed a severe Bipolar 1 mental illness and PTSD while in West Point, which were misdiagnosed until he had a severe manic episode at Fort Riley, and he went AWOL. It was the only adverse incident in his military record. His chain of command did not assist to correct his mental imbalance but sought punitive recourses. Given only two options, he chose to resign his commission. The counsel on behalf of the applicant seeks relief contending, in pertinent part and in effect, as a matter of equity, it is requested that: all records related to the recoupment of education expenses be removed and that an order granting relief from the recoupment of educational expenses and ordering that all recoupment payments (including interest) be returned to him; that his records be corrected to show that he was not discharged from the Army by reason of misconduct; that his records be corrected to show that he was discharged under no worse than general (under honorable conditions); and that his records be corrected to show that he was discharged on the basis of his suffering from PTSD and Bipolar Disorder. The correction of records include: his DD Form 214 and other military records relating to the reasons for his discharge from the US Army, and any documents related to the required recoupment of educational expenses from DFAS and other appropriate agency, as well as, any other records relating to said recoupment. Since these documents pertain to a former Service Member of the armed forces and are not pertaining to civilian employment matters, the Secretary acting through the BCMR has the authority to fix this injustice. The requested relief is based on the fact that the applicant suffers from post-traumatic stress disorder stemming from going through an incident that occurred at no fault of the applicant, while he was in active-duty status as a cadet of the US Military Academy, and for which he did not receive appropriate medical treatment while in service. The aftermath of one of his cadets being a heat-wave casualty and the subsequent investigation led him directly to symptoms of PTSD, including the metaphorical fuse of the bipolar issue. An appropriate and timely treatment for his PTSD might have prevented the outcome of his PTSD, but it did not happen, and hence he suffers from symptoms of PTSD to this day. He did not receive the appropriate medical treatment for his Bipolar Disorder, and the severity of his disorder symptoms meet the criteria of AR 40-501, Part 3-32 (Medical Fitness Standards for Retention and Separation, including retirement: Mood Disorders). Evidence shows he began to experience both manic and depressive symptoms after the death of the Cadet, and the symptoms worsened when he was given a drug that was contraindicated for Bipolar Disorder. Per memorandum by the Secretary of Defense, dated 3 September 2014, the applicant's situation of having inappropriately treated PTSD and Bipolar Disorder should be considered as mitigation for any alleged misconduct that occurred. Particularly, when his overall record of service prior to his service-connected mental injury was honorable in nature and all of his alleged misconduct can be fully explained as symptoms of a bipolar person in a manic episode, exacerbated by PTSD. His alleged misconduct are justifiably explained by his severe manic episode after his "misdiagnosed and mis-medicated." His service records show clearly that, if not for the inappropriate treatment, he would have honorably completed his contractual term of duty as a West Point graduate; therefore, he should not be punished for the mistakes of others. Per the Board's Medical Officer, based on the information available for review at the time, more likely than not the applicant was manic at the time of his misconduct, mitigating his AWOL and linked failure to pay his debt. The applicant had no diagnoses from the VA or service-connected disability percentages from the VA in JLV. In a records review conducted at Arlington, VA on 23 June 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the circumstances surrounding his discharge (i.e. in-service multiple OBH diagnosis), and circumstances surrounding his AWOL, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general (under honorable conditions). The Board determined the reason for discharge was proper and equitable and voted not to change it. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Unacceptable Conduct / AR 600-8-24, Paragraphs 4-2b and 4-24a(1) / BNC / NA / Under Other Than Honorable Conditions b. Date of Discharge: 10 June 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 March 2013 (2) Basis for Separation: The applicant was informed of the following reasons: between 4 December 2012 and 20 December 2012, without authority, the applicant permanently absented himself from his unit by traveling to Argentina; and on 30 November 2012, the applicant wrongfully and dishonorably failed to pay a debt of $600.00 to Somerset Management Company, LLC. (3) Legal Consultation Date: 14 March 2013, the applicant requested resignation in lieu of elimination (4) GCMCA Recommendation Date / Characterization: 16 April 2013 / Under Other Than Honorable Conditions (5) DA Ad Hoc Review Board Recommendation: Under Other Than Honorable Conditions (6) Separation Decision Date / Characterization: 23 May 2013, accepted request for resignation / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Appointment: 26 May 2012 / 5 years or an expiration date of 26 May 2017, Service Agreement OBV b. Age at Appointment / Education / GT Score: 22 / Bachelor of Science Degree / NA c. Highest Grade Achieved / MOS / Total Service: O-1 / 91A, Maintenance/Munition Material Officer / 11 months, 23 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: RFC OER, 26 May 2012 thru 10 March 2013, Unsatisfactory Performance, Do Not Promote h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 6 December 2012, indicates the applicant was the subject of an investigation for desertion - aggravated circumstances, and desertion - surrendered to civilian authorities. Charge Sheet shows the applicant was charged with violating Article 95, Desertion, and Article 86, AWOL, on 6 December 2012. Report of Return of Absentee, dated 26 December 2012, indicates the applicant surrendered to military authorities on 26 December 2012, and that he returned to his unit. GO Article 15, dated 12 March 2013, for absenting himself on 4 December 2012, and did remain absent until 20 December 2012, and dishonorably failing to pay debt from 30 November 2012 to 26 December 2012. The punishment consisted of forfeiture of $1,438 pay per month for two months, arrest in quarters for 30 days (suspended), and a written reprimand (a punitive GOMOR is attached). i. Lost Time / Mode of Return: 22 days (AWOL: 4 December 2012 to 25 December 2012) / Surrendered to Military Authorities and Returned to his Unit at Fort Riley, KS. j. Diagnosed PTSD / TBI / Behavioral Health: Psychiatric letter, dated 7 March 2016, shows that the applicant was being treated for Bipolar Disorder, and also a diagnosis of PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 25 April 2016; DD Form 214; Congressional letter, dated 12 April 2016; Counsel-authored Brief in Support of Application, undated, with listed enclosures; Chronology of Events from May 2008 through 7 March 2016; and psychiatric letter, dated 7 March 2016. Additional evidence: MG (Retired) letter, dated 28 March 2016; BG (Retired) letter, dated 1 May 2016; three letters of support; news article, dated 22 July 2011; applicant's handwritten note; counsel letter, dated 21 January 2013; applicant's resume; health record, dated 9 January 2013; an article; six character reference statements; memorandum, dated 7 March 2013; voluminous health records, dated 5 October 2011 thru May 2013; sworn statements; civilian police affidavits; email correspondence; memorandum for record, dated 5 December 2012; deserter/absentee wanted by armed forces report, dated 5 December 2012, with DA Form 4187; letters to applicant's parents; investigator activity summary; military police report, dated 6 December 2012; separation documents; RFC OER; memorandum for SGS, dated 23 April 2013; counseling statement; separation orders; ORB; applicant's father-authored statement; article on genetics of bipolar disorder; news article, dated 22 July 2011; West Point news release, dated 14 December 2011; Wellbutrin prescription sheet; psychiatric letter, dated 6 January 2015; WebMD Bipolar Disorder article; applicant's resignation request, dated 14 February 2013, with statement; DFAS letter, dated 8 October 2014, with account statements; memorandum, dated 23 April 2013, subject: Recoupment of Education Assistance Costs; and West Point articles. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. A discharge of honorable, general, or under other than honorable conditions characterization of service may be granted. 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 "BNC" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4, paragraphs 4-2b and 4-24a(1), unacceptable conduct. 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 under other than honorable conditions discharge to general (under honorable conditions). The applicant's record of service, and the issues and documents submitted with his application were carefully reviewed. The record confirms that 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 Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant diminished the quality of his service which led to the reason for his discharge. The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that his service mitigated the unacceptable conduct or poor duty performance, such that he should have been retained on Active Duty. Further, the applicant's record contains no evidence of arbitrary or capricious actions by the command. The applicant contends the narrative reason for the discharge should be changed to show that he was discharged on the basis of his suffering from PTSD and Bipolar Disorder. However, the applicant was separated under the provisions of AR 600-8-24, Chapter 4, paragraphs 4-2b and 4-24a(1), with an under other than honorable conditions discharge as approved by the separation authority. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unacceptable Conduct," and the separation code is "BNC." 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 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. The applicant's contentions regarding his behavioral health issues which involved having a bipolar issue, and a diagnosis of PTSD, were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues along with notable service-connected post-traumatic stress disorder symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. The applicant contends that all records related to the recoupment of education expenses be removed and that an order granting relief from the recoupment of educational expenses and ordering that all recoupment payments (including interest) be returned to him. However, the Army Discharge Review Board is not empowered to relieve the former Service Member of the recoupment of his educational expenses, and the reimbursement of all recoupment payments, including interest. The Board may only change the characterization or reason for discharge. If an applicant believes there is an error or injustice in his discharge, he may make an application to the Army Board for Correction of Military Records, using DD Form 149, which can be obtained online or from a Veterans Service Organization. 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 23 June 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the circumstances surrounding his discharge (i.e. in-service multiple OBH diagnosis), and circumstances surrounding his AWOL, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general (under honorable conditions). The Board determined the reason for discharge was proper and equitable and voted not to change it. 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 Authority to: No Change e. Change SPD / RE Code to: No Change f. 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 AR20160008779 6