1. Applicant's Name: a. Application Date: 21 July 2016 b. Date Received: 21 July 2016 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 pertinent part and in effect, an upgrade would allow him to use his educational benefits to better his life and the lives of his family. He was separated as a result of his sleep apnea and hypersomnolism, including a diagnosis of depression, which caused issues waking up in the morning. His medical evaluation board was never scheduled, instead he was immediately discharged. He was assigned 70 percent evaluation by VA. 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 medical or behavioral health condition that was mitigating for the offenses which led to separation from the Army. SMs active duty electronic medical records revealed diagnoses of Depression, an Adjustment Disorder, Episodic Mood Disorder, and Sleep Disturbance. A review of electronic medical records revealed use of psychiatric medications to help with sleep to include Ambien, Seroquel, Cyclobenzaprine (flexeril) and Fluoxetin (Prozac) which caused drowsiness. Medical notes indicated SM reported significant difficulty falling asleep and oversleeping resulting in missed formations. Medical note dated 12 September 2011, SM reported not sleeping for 3 days and upon finally falling asleep, he woke up late and missed formation. Medical note dated 11 April 2012 indicated SM felt anxious prior to going to bed due to difficulty with waking up. Medical note dated 7 August 2012 indicated SM was completing a sleep study off-post and possibly had narcolepsy. He also reported a family history of bipolar disorder, anxiety and clinical depression. SM attributed his depressive symptoms to going through a second divorce and a custody battle from first marriage due to not seeing his daughter since his rights were taken from him. Mental Status Eval dated 5 July 2012 indicated SM had a diagnosis of an Adjustment Disorder. The provider indicated SMs sleep disorder may have contributed to his occupational difficulties and it was recommended that Command consider postponing administrative action pending results of sleep study. VA medical records indicated SM had a 70% service connected disability rating for Depression, Sleep Apnea, and Bipolar Disorder. In summary, SMs behavioral health conditions, particularly his Depression, Bipolar Disorder, and Sleep Apnea, appear to have contributed to history of oversleeping which resulted in FTRs; therefore, there is a nexus between his behavioral health conditions and misconduct. In a records review conducted at Arlington, VA on 25 September 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, and the circumstances surrounding the discharge (i.e. in-service behavioral health diagnosis exacerbated by military service and a 70% service-connected disability VA rating (OBH)), 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 honorable. However, the board found that the reason and SPD/RE Code were proper and equitable. (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: 5 October 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 August 2012 (2) Basis for Separation: The applicant was informed of the following reasons: He received an Article 15 for failing to go to his appointed place of duty on seven separate occasions on 4 November 2012, 22 March 2012, 24 April 2012, 9 and 24 May 2012, and 1 and 4 June 2012. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 6 August 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 18 September 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 November 2009 / 6 years, 36 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 102 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25B10, Information Systems Operator-Analyst / 3 years, 7 months, 27 days d. Prior Service / Characterizations: ARNG (9 February 2008 to 26 February 2009) / UNC e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for an involuntary separation proceedings being initiated; failing to be at his appointed place of duty at the prescribed time on several separate occasions; CG Article 15, dated 21 June 2012, for failing to go to his appointed place of duty at the prescribed time on seven separate occasions on 4 November 2011, 22 March 2012, 24 April 2012, 9 and 24 May 2012, and 1 and 4 June 2012. The punishment consisted of a reduction to E-3 (suspended), forfeiture of $435 (suspended), and 14 days of extra duty and restriction. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 7 June 2012, indicates the applicant and examiner noted behavioral health issues and treatment. Report of Mental Status Evaluation, dated 5 July 2012, indicates the applicant was diagnosed with adjustment disorder, and was psychiatrically cleared for any administrative action deemed appropriate by his command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 21 July 2016, and congressional correspondence. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" 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." "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 general (under honorable conditions) discharge to honorable. 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 military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. By the incidents of misconduct, the applicant knowingly risked a military career and diminished the quality of his service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence 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 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 he had medical and his behavioral health issues. A careful review of the available record of evidence indicates the applicant's medical and behavioral health issues symptoms existed at the time of his separation proceedings. The applicant contends health issues 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 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 25 September 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, and the circumstances surrounding the discharge (i.e. in-service behavioral health diagnosis exacerbated by military service and a 70% service-connected disability VA rating (OBH)), 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 honorable. However, the board found that the reason and SPD/RE Code were proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 AR20160013276 5