1. Applicant's Name: a. Application Date: 11 May 2016 b. Date Received: 3 June 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through counsel, requests an upgrade of his general (under honorable conditions) discharge to honorable and a narrative reason change. The applicant seeks relief contending, in effect, his misconduct was his method of self-medicating to cope with his bipolar disorder and his discharge is unjust and in error given his mental health issues. The applicant's behavior is explained by his substantial mental health issues and the Army's insufficient treatment of these conditions. He states, due consideration was not given to his mental health conditions and he was not given the proper evaluations. His commanding officers were not informed enough about his mental health issues. Instead of receiving treatment, he was punished. The failure to give the applicant a medical discharge is unnecessarily punitive because its primary effect will be to make establishing a life after service difficult. The applicant's general discharge will not prevent him from obtaining virtually all veterans benefits, but it is a barrier to educational benefits, diminishes his opportunities to find gainful employment, and serves as a reminder of an embarrassing and difficult period in his life. The applicant continues to face unnecessary obstacles based on his discharge. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant had a mitigating medical or behavioral health condition for the offenses that led to his separation from the Army. A review of the military electronic medical records indicated SM was diagnosed while in service with Bipolar II Disorder with hypomanic symptoms. Medical records indicated SM better met criteria for a diagnosis of Bipolar I Disorder with Psychotic Features rather than Bipolar II, based on the impact symptoms had on his functioning to include erratic/impulsive behaviors, flight of ideas, pressured speech, labile mood and affect, feeling out of control (neglected work duties), racing thoughts (for 2-10 days), decreased need for sleep (2-3 hours/night), pressured speech, paranoia, the belief that he could read minds and increased goal-directed behaviors (read 21 books in one month). Because the behavioral health conditions, particularly PTSD and Bipolar Disorder, can be associated with use of alcohol and substances for self-medication, risk-taking behaviors, disorganized thoughts and behaviors, impaired insight and judgment, and impulsivity, there is a nexus between SMs misconduct (i.e. inhalant drug use) and his behavioral health symptoms. In a records review conducted at Arlington, VA on 25 August 2017, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. in-service OBH exacerbated by combat and a prior period of honorable service) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed 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 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 29 October 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 September 2007 (2) Basis for Separation: The applicant was informed of the following reasons: On several occasions he was caught huffing air, in which on one incident he received a FG Article 15. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 10 October 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 October 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 December 2005 / 3 years, 10 weeks / The applicant's DD Form 214, block 12a, erroneously reflects he entered active duty on 26 July 2005. b. Age at Enlistment / Education / GT Score: 19 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 2 years, 6 months, 21 days d. Prior Service / Characterizations: USAR, 8 April 2005 - 28 December 2005 / HD IADT, 30 June 2005 - 2 December 2005 / UNC (Concurrent Service) e. Overseas Service / Combat Service: Alaska, SWA / Iraq (23 April 2006 - 30 November 2006) f. Awards and Decorations: VUA, NDSM, GWOTSM, ICM, ASR, OSR, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 28 January 2007, reflects the applicant was apprehended for Self-Injury without intent to avoid service (On Post). The applicant purchased a can of dust off, went into a bathroom stall and proceeded to inhale the dust off until he lost consciousness. The applicant refused medical treatment from emergency services. FG Article 15, dated 4 March 2007, for wrongfully inhaling Air Duster, an intoxicating substance, with the intent to intoxicate himself (26 January 2007). The punishment consisted of a reduction to E-1; forfeiture of $650 pay per month for two months; and, extra duty and restriction for 45 days. FG Article 15, dated 20 July 2007, for wrongfully inhaling Air Duster, an intoxicating substance, with the intent to intoxicate himself (11 June 2007). The punishment consisted of a forfeiture of $650 pay per month for two months; and, extra duty and restriction for 45 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 23 July 2007, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with a Bipolar II Disorder, Most Recent Episode Hypomanic (Axis I). The applicant provided a copy of his VA disability rating decision, dated 21 April 2009, which reflects the applicant was rated 70 percent service connected disability for Bipolar Disorder, Not otherwise specified, with alcohol and marijuana abuse (also claimed as depression). The applicant also was diagnosed with PTSD, not service connected. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states that he is trying to get his life in order; recently completed a substance abuse program with the VA; and, he is trying to finish school. 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, paragraph 12c, misconduct (serious offense). 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, through counsel, requests an upgrade of his general (under honorable conditions) discharge to honorable and a narrative reason change. The applicant's record of service, 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 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, such that he should have been retained on Active Duty. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)," and the separation code is "JKQ"." 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. The applicant contends that due consideration was not given to his mental health conditions and he was not given the proper evaluations. The applicant provided copies of his VA medical records, which reflect he has a service connected disability for his mental health condition. The applicant's service record contains documentation that supports a diagnosis of in service Bipolar Disorder; however, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 23 July 2007, the applicant underwent a mental status evaluation which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong. It appears, the applicant's chain of command determined that he knew the difference between what was right and wrong as indicated by the mental status evaluation. Additionally, the evaluation reflects that at least two acts of misconduct were an attempt to be discharged from the Army. Further, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill 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. The applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant contends that he had good service which included a combat tour. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character 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 25 August 2017, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. in-service OBH exacerbated by combat and a prior period of honorable service) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed 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 AR20160010636 1