1. Applicant's Name: a. Application Date: 6 March 2017 b. Date Received: 17 March 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and a narrative reason change. The applicant requests to be returned to active duty and undergo the proper medical discharge procedures. The applicant seeks relief contending, in effect, separation for pattern of misconduct was improper due to documented mental health issues. The applicant returned from Afghanistan late August to early September 2012 and the alleged misconduct began on 19 September 2012. Upon returning from Afghanistan, the applicant was diagnosed with an Adjustment Disorder with anxiety and depressed mood. Upon receiving this diagnosis from Behavioral Health, the applicant was verbally notified by the First Sergeant that the applicant would receive a medical discharge or receive a separation under chapter 5-17, AR 635-200, for the mental health issues. The applicant waited to be formally notified of a "fit-for-duty" exam and continued to seek treatment from behavioral health. The applicant was prescribed medication for depression and insomnia, but the combination of medications made it very difficult to wake up, if sleeping for less than four hours. If the applicant did not take the medications, it caused mood swings and intense suicidal thoughts. The applicant continued to take the medication as directed, which led to a series of failures to report, for which the applicant was given an Article 15. The applicant states, it was one's responsibility to ensure measures of waking up, however the supervisors knew the applicant was having medical issues, and not once did they offer any assistance or guidance to help be successful. The applicant was only formally counseled on two of the six specifications for failure to report. The applicant requested documentation from the provider indicating the side effects of the medication and the seriousness of not taking the antidepressants to present at the hearing, but was never provided this information. The applicant dealt with the consequences of the Article 15 and continued to wait for medical separation notification. Soon after the Article 15, the applicant was notified that the commander was initiating separation for a pattern of misconduct under AR 635-200, paragraph 14-12b. The applicant's supervisor continued to mislead by informing the applicant of undergoing a fit-for-duty examination in order to initiate medical discharge proceedings, which never happened and was not mentioned again after the initial notification of involuntary separation. Upon receiving the formal notification, the applicant requested to use the Commander's Open Door Policy in order to bring concerns to COL V, however, was not afforded the opportunity until after the separation authority, COL V, directed the applicant's separation. The basis for separation under chapter 14-12b, are the specifications from his Article 15, the failures to report and the driving a vehicle without proper registration, are not documented or included in the final separation packet. The commander stated that further attempts to rehabilitate the applicant would not be useful, however no initial attempts to rehabilitate were made, even though the applicant was being treated by behavioral health while the separation and "misconduct" were occurring. Since the discharge, the applicant has been diagnosed with PTSD, anxiety, and depression. The applicant believes that rehabilitative efforts are required for separation under Chapter 14-12b, to include rehabilitative transfers and other avenues of approach that were available to the command, but never addressed. The applicant's current Psychiatrist has indicated on numerous occasions that the applicant's current state is a direct result of his military service and the sub-par treatment that was provided by the immediate Chain of Command during and immediately following return from Afghanistan. The applicant states, the service has been tarnished by the lack of due care on the part of the immediate supervisor and entire chain of command. The applicant is requesting that the involuntarily separation be overturned, be returned to active duty, and undergo the proper medical discharge procedures, or at the very minimum, that the separation characterization is upgraded to honorable conditions and that the separation narrative is changed to Chapter 5-17 criteria. Paragraph 5-17a(9), AR 635-200 includes "Other disorders manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired" as part of the criteria for separation under this chapter. The applicant states, even if one was not experiencing signs of posttraumatic stress disorder at the time of separation, the applicant was being actively seen for depression and anxiety, which are consistent with separation under Paragraph 5-17, AR 635-200. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the available medical documentation and in accordance with the Liberal Guidance criteria, it is the opinion of the ARBA psychiatrist that the applicant has a mitigating behavioral health condition and therefore is a nexus between the applicant's PTSD and multiple offenses of failure to report and AWOL. In a records review conducted at Arlington, VA on 25 July 2018, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, homelessness, and the circumstances surrounding the discharge (i.e. in- service and post-service diagnosis of PTSD. 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), and the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Pattern of Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 17 July 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 June 2013 (2) Basis for Separation: The applicant was informed of the following reasons: On 19 October 2012, he failed to sign in after returning from leave; On 9 May 2013, he failed to report to his appointed place of duty, 1800 hours at Building 5815 B; On 8 May 2013 and 9 May 2013, he failed to report to his appointed place of duty, 0800 hours at Building 5918; On 9 May 2013, his was escorted back to his unit after being seen trying to return to Katterbach Kaserne; On 2 May 2013, he received a Company Grade Article 15 for six specifications of failure to report; and, On 17 January 2013, he was pulled over by Military Police for driving an unregistered personal vehicle. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 4 June 2013, the applicant waived his rights to consult with A JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 20 June 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 March 2011 / 4 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-3 / 15P10, Aviation Operations Specialist / 2 years, 4 months, 10 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany, SWA / Afghanistan (12 May 2012 - 25 September 2012) f. Awards and Decorations: ACM-CS, NDSM, GWTSM, ASR, OSR, NATOMDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 28 February 2013, 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. CG Article 15, dated 25 April 2013, failing to go at the time prescribed to his appointed place of duty (3 December 2012, 17 January, 11 February, 21 March and 19 October 2013 (x2)). The punishment consisted of a reduction to E-2; forfeiture of $396 pay (suspended); extra duty for 14 days; restriction for 7 days; and, a written reprimand. Serious Incident Report, undated, reflects: "Soldier is absence without leave (AWOL) under the following condition. Soldiers failed to report to ACAP on 80830MAY13, Failed to report to Extra Duty on 081800MAY13, Soldier Failed to Report to work at 0630 and 0900 on 09MAY13. Soldiers was restricted to post on 3MAY13 following Article 15 (UCMJ) second reading." Commander's Report, dated 4 June 2013, reflects the suspended portion of the applicant's punishment imposed on 25 April 2013, was subsequently vacated. The circumstances surrounding the vacation of the punishment were not included. Several Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of his active duty medical records, dated 31 January 2013, which reflects the applicant was treated for an Adjustment Disorder with Anxiety and Depressed Mood. Report of Medical History, dated 24 April 2013, the examining medical physician noted in the comments section: Adjustment disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; case separation packet; medical records; extract of AR 635-200; and, a self-authored letter to his senator. 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. 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 12b, pattern of misconduct. 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 and a narrative reason change. The applicant requests that he be returned to active duty and undergo the proper medical discharge procedures. 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 14-12b, AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct," and the separation code is "JKA." 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 requests that he be returned to active duty and undergo the proper medical discharge procedures or that his discharge be changed to reflect a medical discharge. However, the applicant's request 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 applicant contends his leadership told him that he would undergo a medical separation. However, 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 applicant's service record contains documentation that supports a diagnosis of in service Adjustment Disorder with Anxiety and Depressed Mood; 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 28 February 2013, 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. The applicant contends he was not afforded the opportunity for rehabilitation. However, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements, states the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. The separation authority properly annotated in his decision that the requirement for rehabilitation was waived. 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 July 2018, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, homelessness, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of PTSD. 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-3. 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 / 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 AR20170004537 7