1. Applicant's Name: a. Application Date: 26 February 2017 b. Date Received: 2 March 2017 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 effect, he requests an upgrade as advised by his legal counsel. The applicant did not provide specific contentions for the Board's consideration; however, he did provide a copy of his Military Defense Counsel's rebuttal to the separation authority. In pertinent part, the defense counsel states the applicant suffered from psychiatric issues, which affected the applicant's behavior and led to his discharge. Counsel stated, administratively separating the applicant for incidents of misconduct that had been successfully resolved through non-judicial punishment and medical treatment would violate the policy stated in AR 635-200, Para. 14-2a(1). 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) there was a nexus between a behavioral health and the misconduct, which led to the applicant's separation from the Army. The Applicant's post- service diagnosis of Major Depressive Disorder misconduct mitigate the offenses. In a records review conducted at Arlington, VA on 28 September 2018, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service to include combat service, severe family matters and the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of behavioral health issues). Accordingly, the Board voted to grant relief in the form of an upgrade to the 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: Pattern of Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 7 January 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 October 2016 (2) Basis for Separation: The applicant was informed of the following reasons: He failed to report to his place of duty on various occasions; and, He failed to obey several lawful orders from a noncommissioned officer. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 10 November 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 December 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 August 2011 / 4 years, 23 weeks / The applicant's record is void of any reenlistment document, which would have kept him on active duty past his original enlistment. b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-4 / 42A10, Human Resources Specialist / 5 years, 3 months, 21 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Kuwait (15 July 2013 - 3 November 2013) f. Awards and Decorations: AAM, AGCM, NDSM, GWOTEM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 6 July 2016, for failing to go at the time prescribed to his appointed place of duty on four separate occasions between 17 May and 10 June 2016; and, for willfully disobeying a lawful order from a noncommissioned officer on 8 June 2016. The punishment consisted of a reduction to E-3; and, restriction for 14 days (suspended). Record Of Supplementary Action Under Article 15, UCMJ, dated 25 July 2016, reflects the suspended portion of the punishment imposed on 6 July 2016, was vacated because the applicant failed to go at the time prescribed to his appointed place of duty on 11 July 2016. Four Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 28 July 2016; From "AWOL" to "PDY," effective 29 July 2016; From "PDY" to "AWOL," effective 2 August 2016; and, From "AWOL" to "PDY," effective 8 August 2016. CG Article 15, dated 10 August 2016, for failed to go at the time prescribed to his appointed place of duty on seven separate occasions between 11 and 27 July 2016; for without authority go from his appointed place of duty (28 July 2016); and, for willfully disobeying a lawful order from a noncommissioned officer on four occasions between 17 and 20 July 2016. The punishment consisted of a reduction to E-2; and, restriction for 14 days (suspended). Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: 18 days: AWOL, 28 July 2016 - 28 July 2016 / NIF AWOL, 2 August 2016 - 7 August 2016 / NIF AWOL, 15 August 2016 - 15 August 2016 / NIF AWOL, 28 December 2016 - 6 January 2017 / NIF j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 19 October 2016, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with an Adjustment Disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; extract of AR 635-200; and, Rebuttal from Defense Counsel. 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 contends that he was suffering from psychiatric condition that affected his behavior and led to his discharge. The applicant's service record contains documentation that supports a diagnosis of in service Adjustment Disorder; 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 19 October 2016, 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 that separating him for conduct that he had already received punishment, violated AR 635-200, Chapter 14-12a(1). 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. Additionally, the separation authority after reviewing the rehabilitative transfer requirements IAW AR 635-200, 1-16, waived the rehabilitative requirements indicating that the transfer would serve no useful purpose or produce a quality Soldier. The character of the applicant's discharge is commensurate with his overall service record. Further, the applicant was separated under the provisions of AR 635-200, Chapter 14- 12b, pattern of misconduct. 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 28 September 2018, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service to include combat service, severe family matters and the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of behavioral health issues). Accordingly, the Board voted to grant relief in the form of an upgrade to the 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 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 AR20170004553 3