1. Applicant's Name: a. Application Date: 8 September 2016 b. Date Received: 19 December 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, never received any reprimand, Article 15 action, or misconduct. The applicant had a series of mental disorders and hospitalizations. The applicant was discharged prior to being issued a medical evaluation board for disability. The applicant is currently trying to reestablish life and become a productive citizen. An upgrade would allow receipt of the GI Bill for education. The military record does not show that the applicant completed the "PLL Clerk" course. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Adjustment Disorder, Anxiety Disorder NOS, Bipolar I Disorder, MRE mixed, Psychosis, Personality Disorder; Alcohol Dependence, Cannabis Abuse, and Malingering. The applicant is 80% service-connected through the VA; 70% for Mood Disorder. The VA had also diagnosed the applicant with Major Depressive Disorder, PTSD (from childhood abuse and neglect), Psychosis, Paranoid Schizophrenia, Alcohol Dependence, Cocaine Dependence, Homelessness, and Borderline Personality Disorder. In summary, the applicant has a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 17 April 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of OBH), and homelessness. Therefore, 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, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-4. (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: 21 February 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 November 2013 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant missed five medical appointments, in addition to failing to report to his appointed place of duty at the prescribed time on multiple occasions. He was absent without leave from his unit twice on 9 February 2012, and remained absent until 19 February 2012, and on 19 October 2013, and remained absent until 21 October 2013. It was determined by Mental Health that he was malingering. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 2 December 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 February 2014 / General (Under Honorable Conditions) (The GCMCA also considered and determined that the disability for which the applicant is being processed for physical disability was not the cause, or a substantial contributing cause of the applicant's multiple incidents of failing to report, obeying orders, making false official statements, or other circumstances.) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 October 2010 / 4 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88L10, Watercraft Engineer / 3 years, 3 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: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for failing to provide financial support for his dependents; failing to be at his appointed place of duty at the prescribed time on numerous occasions; being recommended for bar to reenlistment; being recommended for possible separation due to pattern of misconduct; receiving parking violations; being absent from his unit on several occasions; MP Report, dated 9 February 2012, indicates the applicant was the subject of an investigation for being AWOL. i. Lost Time / Mode of Return: 11 days (AWOL on 9 February 2012, and remained absent until 19 February 2012) / The applicant returned to his unit. j. Diagnosed PTSD / TBI / Behavioral Health: Mental Health Multi-D Discharge Instructions, dated 11 June 2013, indicates the applicant had an "AXIS I" diagnosis of an "Adjustment disorder with Mixed Disturbance of Emotions and Conduct; Alcohol Abuse by history"; and an "AXIS II" diagnosis of "Personality Disorder NOS; strong schizotypal, paranoid and narcissistic traits in crisis." Report of Medical History, dated 2, 16 July 2013, indicates the applicant and the examiner noted behavioral health issues and treatment. Mental Health Multi-D Discharge Instructions, dated 10 July 2013, indicates the applicant had an "AXIS I" diagnosis of "Malingering; Adjustment disorder with mixed disturbance of emotions and conduct." Mental Health Multi-D Discharge Instructions, dated 15 July 2013, indicates the applicant had an "AXIS I" diagnosis of an "Adjustment disorder with mixed emotional features; feigned psychotic symptoms and feigned seizures while on ward"; and an "AXIS II" diagnosis of "PD NOS with schizoid, narcissistic and paranoid traits." Report of Mental Status Evaluation, dated 16 July 2013, indicates an "AXIS I" diagnosis of "Malingering/Factitious Disorder w/Psychological sx," and an "AXIS II" diagnosis of "Personality Disorder NOS, Schizoid, Antisocial and Borderline." Medical Evaluation Board Proceedings with its associated documents, dated 27 August 2013, in pertinent part, indicate a medical condition of "Mood Disorder, NOS with Psychotic-like Features" that was incurred while on active duty. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 8 September 2016, and NPRC Cover letter, dated 10 December 2016. 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. 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 the characterization of his discharge from general (under honorable conditions) to honorable. The applicant's available record of service, and the issues and document 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 pattern of misconduct, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the Army. 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's contentions regarding his behavioral health issues which involved having a series of mental disorder and hospitalization, and that he was discharged prior to being issued disability based on a medical evaluation board, were carefully considered. A careful review of the available record indicates the applicant's behavioral health issues symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. The separation authority considered the medical evidence, and determined that was not the case. The Board is not bound by the separation authority's finding in that regard, and can review that determination. 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 an upgrade would allow him to use his Post 9/11 GI Bill. However, eligibility for veterans' 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 his military education does not show that he completed the "PLL Clerk." However, the applicant's requested change to the DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained 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 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 17 April 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of OBH), and homelessness. Therefore, 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, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-4. 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, paragraph 14-12a e. Change SPD / RE Code to: JKN / RE-4 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 AR20170002047 1