1. Applicant's Name: a. Application Date: 16 August 2016 b. Date Received: 19 August 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, she did everything she was told to do. She kept a low profile and stayed out of trouble and did not go to jail or do anything terrible. Per the Board's Medical Officer, based on the information available for review at the time, the applicant's AHLTA diagnoses are Adjustment Disorder Grief Reaction, Alcohol Abuse, Alcohol Abuse in Remission, Alcoholism, Amphetamine-Related Disorder, Bereavement without Complications, Depression, Insomnia, Major Depression (Recurrent), Occupational Problem, Personality Disorder (7 visits from 31 March 2011 to 30 June 2011), and PTSD. The JLV showed neither a VA service-connected disability rating nor VA entered diagnoses. A VA evaluation note of 29 March 2017 noted she had a large number of pre-existing conditions when she entered the Army, and the evaluator concluded that at least her alcohol use disorders and depression "are pre-existing conditions and are not service aggravated." The applicant had a Separation Mental Status Exam on 25 April 2011 that judged she met requirements for an expeditious medical discharge under Chapter 5-17 of AR 635-200, and also found her to meet medical retention requirements. Her Separation Medical Exam of 11 March 2011 noted she was "being seen by MAMC Behavioral Health for Major Depressive Disorder (Per-Existing) related to Childhood Sexual Abuse." She had a T3 profile entered by the examiner on 22 March 2011. He also wrote, "Does not meet MEB criteria due to [diagnosis] predating enlistment." Before this exam, CDE had diagnoses "Major Depression Recurrent, Alcohol Dependence in Remission, and Bereavement without Complication, while deferring diagnosis of a personality disorder." She was recommended for a trial of 90 days of treatment, which other records showed failed to attain the desired functional improvement. Prior to enlistment the patient had specifically denied any prior psychiatric history. "Patient experienced the onset of depression as a child around age six when her father used to abuse her and she couldn't do anything about it. Since her first depression, she has experienced ongoing depression which varies in intensity noting that it never totally goes away. She is a #5 out of ten today." She also admitted to hearing voices before entering service and to having benefited before service from treatment with Lexapro. She also admitted to a pre-service history of drinking until blackout. The applicant did have ASAP treatment when in service. Despite her pre-existing conditions, it appears she was in service over 6 months and completed AIT before her mental health became an issue. She had her first mental health referral on 07 December 2010 after a CDE. The totality of evidence provided insufficient evidence that her conditions were either service incurred or service aggravated; however, the absence of UCMJ action against her, as well as the nature of her counseling is inconsistent with a General Discharge. In a records review conducted at Arlington, VA on 27 October 2017, and by a 5-0 vote, the board determined that the characterization of service was improper. The record indicates the applicant was not notified of any specific factors which would warrant a general (under honorable conditions) characterization of service. Therefore, the characterization not being proper and equitable, the Board granted relief in the form of an upgrade of the applicant's characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Condition, Not a Disability / AR 635- 200, Chapter 5-17 / JFV / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 14 July 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 May 2011 (2) Basis for Separation: The applicant was informed of the following reasons: On 7 December 2010, she was evaluated by CPT C, Mental Health, and she had recommended the applicant undergo a 90 day period of treatment for Major Recurrent Depression. After consultation with her doctors, a follow-up appointment was scheduled. On 25 April 2011, she was seen by MAJ E who diagnosed the applicant with depression, and said she was making insufficient progress to meet retention requirements. After being afforded ample opportunity to overcome these deficiencies, she had failed to show signs of improvement. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 25 May 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 17 June 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 July 2011 / 3 years, 28 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 88 c. Highest Grade Achieved / MOS / Total Service: E-3 / 91B10, Wheeled Vehicle Mechanic / 1 year, 8 months, 19 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: Memorandum for record, dated 7 December 2010, reflects the applicant was evaluated by the Behavioral Health Clinic after being command referred for occupational concerns (e.g., lack of motivation, apathy); and social concerns (e.g., withdrawal); feelings of guilt, problems sleeping, and decreased appetite. The applicant was diagnosed with Major depression, recurrent; Alcohol Dependence in remission; and, Bereavement without complication. The provider recommended that the applicant be given 90 days to receive treatment and follow-up. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 25 April 2011, 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. At the time of the evaluation, the staff psychiatrist, concluded that the applicant did suffer with depression / anxiety-spectrum psychiatric symptoms. That did not fall beneath medical retention standards. The applicant met the psychiatric criteria for expeditious separation in accordance with Chapter 5-17, AR 635-200. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214 and DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier's ability to function in the military environment is significantly impaired. AR 635-200, paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, general (under honorable conditions), or an uncharacterized description of service if in entry-level status. A general (under honorable conditions) discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service 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 a mental health condition, including PTSD; TBI; or sexual assault/harassment 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 characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors 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. Caution shall be exercised 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 her general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The evidence of record shows the applicant was evaluated by a staff psychiatrist, who concluded that the applicant did suffer with depression / anxiety-spectrum psychiatric symptoms and these conditions did not fall beneath medical retention standards. The applicant met the psychiatric criteria for expeditious separation in accordance with Chapter 5-17, AR 635-200. The governing regulation states a general (under honorable conditions) discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization. The applicant was not properly notified as to the specific reasons for which she would not get an honorable characterization as required. In view of the foregoing, the discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 27 October 2017, and by a 5-0 vote, the board determined that the characterization of service was improper. The record indicates the applicant was not notified of any specific factors which would warrant a general (under honorable conditions) characterization of service. Therefore, the characterization not being proper and equitable, the Board granted relief in the form of an upgrade of the applicant's characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 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 AR20160015005 1