1. Applicant's Name: a. Application Date: 14 February 2017 b. Date Received: 21 February 2017 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 effect, that the discharge was the result of medical treatment and contends he was late for work because of the anti-depression pills and sleep medication. The applicant was on medication to help deal with stress, depression, and sleep problems. The applicant's mother had recently went to prison and the sister's newborn had an hour long seizure making him go deaf and blind. The applicant felt like there was nothing that could be done to help. The applicant did not get good sleep at night resulting in arriving to work late, more than 5 less than 10. The applicant had seen by a counselor about the problems but was still put out for misconduct. It hurt to know the personal struggle to explain to everyone why the applicant was put out for misconduct. Per the Board's Medical Officer, a voting member, based on the information available for review in the service record, the applicant did not have a medical or behavioral health condition that was mitigating for the offenses which led to his separation from the Army. A Mental Status Evaluation, dated 26 August 2016, indicated a diagnosis of gambling disorder and a history of treatment for an adjustment disorder, gambling addiction, and depression since AIT. It was the recommendation that he be discharged under Chapter 5-17 due to the extensive behavioral health treatment history since entrance into the Army although he was also cleared for discharge under Chapter 14-12 if deemed appropriate by Command. Post-service, the SM has a 30% service connected rating for a medical condition (Unspecified). In summary, the SMs behavioral health diagnosis does not mitigate the misconduct. In a records review conducted at Arlington, VA on 20 July 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both 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: 13 December 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 31 October 2016 (2) Basis for Separation: The applicant was informed of the following reasons: for being AWOL 12 September 2016 until his return on 19 September 2016; and Receiving an Article 15 on 30 September 2016 for being found guilty of failing to report to his appointed place of duty at the times prescribed on diver's occasions (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 30 November 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 19 November 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 October 2015 / 3 years, 24 weeks b. Age at Enlistment / Education / GT Score: 22 / 14 years / 112 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92Y10, Unit Supply Specialist / 1 year, 1 month, 17 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG, Article 15, dated 30 September 2016, for failure to go at the time prescribed to his appointed place of duty on several occasions (18 May 2016, 3 August 2016, 4 August 2016, 10 August 2016, 17 August 2016 and 25 August 20160. The punishment consisted of reduction to E-2, forfeiture of $409 pay per month for one month, extra duty and restriction for 14 days, and oral reprimand. Several negative counseling statement for various acts of misconduct and performance. i. Lost Time / Mode of Return: AWOL 8 days (12 September 2016 to 19 September 2016) / surrendered j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 26 August 2016, which shows the applicant was diagnosed with an Axis I for gambling disorder 312.31 (DSM5). It was noted that the applicant did not meet the criteria for any substance abuse/use disorders. The applicant had an Hx of adjustment disorder, gambling addiction, and depression since AIT. It was the recommendation of the provider that he be discharged under Chapter 5-17 due to the extensive behavioral health treatment history since entrance into the Army although the applicant was cleared for discharge under Chapter 14-12 if the command deemed appropriate. It was also noted that based on interview of the applicant and review of his electronic medical records, although he may be suffering from a mental disease or defect, it was not of sufficient severity to impact his ability to distinguish right from wrong or intelligently patriciate in administrative proceedings. The applicant was mentally responsible for his behavior and possessed sufficient mental capacity to participate intelligently in any administrative proceedings deemed appropriate by his command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; medical records / documents; and Article 15 6. POST SERVICE ACCOMPLISHMENTS: None submitted 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. 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 his general (under honorable conditions) discharge to honorable. 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 seeks relief contending that his discharge was the result of medical treatment. He contends he was late for work because he was on anti-depression pills and sleep medication. He was on medication to help him deal with stress and depression and sleep problems. His mother had recently went to prison and his sister's new born had an hour long seizure making him go deaf and blind. He felt like here was nothing he could do to help. He did not get good sleep at night resulting in his coming to work late, more than 5 less than 10. He had seen a counselor about his problems but he was still put out for misconduct. It hurt to know he would struggle personally to explain to everyone he knows why he was put out for misconduct The applicant's contentions were noted; the applicant's service record contains documentation that supports a diagnosis of in service adjustment disorder, gambling addiction, and depression since AIT. It was the recommendation of the provider that he be discharged under Chapter 5-17 due to the extensive behavioral health treatment history since entrance into the Army although the applicant was cleared for discharge under Chapter 14-12 if the command deemed appropriate. However, evidence also makes reference to although he may be suffering from a mental disease or defect, it was not of sufficient severity to impact his ability to distinguish right from wrong or intelligently patriciate in administrative proceedings. The applicant was mentally responsible for his behavior and possessed sufficient mental capacity to participate intelligently in any administrative proceedings deemed appropriate by his command. It appears the applicant's chain of command determined that although he was suffering from adjustment disorder, gambling addiction, and depression since AIT, he knew the difference between what was right and wrong as indicated by the mental status evaluation. Further, there are many Soldiers with the same condition that completed their service successfully. 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 20 July 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10 BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code 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 AR20170003303 1