1. Applicant's Name: a. Application Date: 1 March 2017 b. Date Received: 3 March 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The counsel on behalf of the applicant seeks relief contending, in pertinent part and in effect, the characterization of his service is inequitable and too harsh under the circumstances, and not in accordance with Army Regulation 635-200, which stipulates that a general (under honorable conditions) discharge is normally inappropriate for individuals separated under the provisions of paragraph 5-17. He was recognized for scoring 300 on his APFT at AIT; he participated in an overseas deployment from 9 February to 16 March 2015, and received two certificates of achievements. In June 2015, he learned his toddler son's mother was suffering from a seizure disorder. It affected his performance by no longer being able to concentrate, having mood disturbances, and often overreacting to stressful events. He was referred to behavioral health for exhibiting outward symptoms of apathy, hopelessness, and depression. In July 2015, he was diagnosed with an "Adjustment Disorder," and a positive screening for PTSD, but he was not diagnosed with suffering from PTSD due to the overall assessment by the behavioral health. He was also recommended for a "low stress" assignment. In August 2015, an event with the battalion paralegal NCO, SGT M., caused the applicant to receive an Article 15, which led to his discharge. The counsel asserts that the chain of command formed their own opinion about the applicant's behavior and motivation, and initiated a plan to discharge the applicant with less than an honorable characterization of service. Since his discharge, he has moved forward with his life as attested by his character reference statements. He received his Master of Science degree. He is employed with the Inspector General, US Office of Personnel Management. Although he steadfastly pursues a professional career in law enforcement and despite his maturity, dedication, and stellar academic qualifications, his current discharge limits him as a competitive candidate. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant had a mitigating medical or behavioral health condition for the offenses which led to his separation from the Army. In summary, SM was diagnosed with an Adjustment Disorder, which he was being separated for and appears to have been exacerbated by a particular NCO and one time negative incident on 7 August 2015. His adjustment disorder can be associated with his emotional distress and low frustration tolerance; therefore there is a nexus between SMs misconduct (disrespect) and behavioral health conditions. In a records review conducted at Arlington, VA on 13 June 2018, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's circumstances surrounding the discharge (i.e. in-service diagnosis of behavioral health issues), and as a result it is inequitable. 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: Condition, Not a Disability / AR 635- 200, Paragraph 5-17 / LFV / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 1 October 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 August 2015 (2) Basis for Separation: The applicant was informed of the following reasons: On 10 August 2015, he "was diagnosed by a Behavioral Health Provider with an 'adjustment disorder with disturbance of emotion and conduct.'" His disturbances of emotion and conduct were sufficiently severe that his ability to effectively perform his military duties was significantly impaired. (3) Recommended Characterization: General (Under Honorable Conditions), according to the following factors: On 21 August 2015, he was found guilty during a CG Article 15 of four specifications of violating Article 91, UMCJ, and one specification of violating Article 92, UCMJ, in that he: was disrespectful in language towards CPL R on 7 August 2015; was disrespectful in deportment towards CPL R on 7 August 2015; was disrespectful in language towards CPL R on 7 August 2015; was disrespectful in deport towards SGT M on 7 August 2015; and disobeyed SGT M., an NCO on 7 August 2015. (4) Legal Consultation Date: 1 September 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: In an undated memorandum / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 January 2014 / 4 years, 24 weeks b. Age at Enlistment / Education / GT Score: 23 / Bachelors of Science degree / 111 c. Highest Grade Achieved / MOS / Total Service: E-4 / 42A10, Human Resources Specialist / 1 year, 8 months, 4 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: Africa / None f. Awards and Decorations: NDSM; GWOTEM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 21 August 2015, for being disrespectful in language towards an NCO on two separated occasions on 7 August 2015, being disrespectful in deportment towards two separate NCOs on two separate occasions on 7 August 2015, and disobeying an NCO on 7 August 2015. The punishment consisted of a reduction to E-3, forfeiture of $425 (suspended), 14 days of extra duty and restriction (suspended), and an oral reprimand. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Applicant's documentary evidence: Page 3 of Report of Mental Status Evaluation, dated 29 July 2015, indicates the applicant met the criteria for "Adjustment Disorder with disturbance of mood and conduct." Memorandum, dated 3 September 2015, rendered by Behavioral Health, indicates the applicant was diagnosed with an adjustment disorder with disturbance of emotion and conduct, followed by a recommendation for separation under paragraph 5-17, AR 635-200. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 1 March 2017, with attorney-authored brief; DD Form 214; Bachelor of Science certificate with transcripts; memorandum, dated 3 September 2015; Report of Mental Status Evaluation, dated 29 July 2015 (pages 2 and 3 of 3 pages); memorandum, dated 18 April 2016; character reference statement, dated 20 November 2016; character reference/recommendation, dated 14 November 2016; character reference statement, dated 1 December 2016; Master of Science degree certificate with transcripts; and copy of photo (applicant's current photograph). Additional evidence: Letter, dated 21 August 2017, with listed supplementary evidence as attached exhibits, and USAR Control Group (AT) Orders, dated 11 January 2018. 6. POST SERVICE ACCOMPLISHMENTS: The counsel on behalf of the applicant states, in effect, that since the applicant's discharge, he has moved forward with his life as attested by the character reference statements, he has received his Master of Science degree, and he is employed with the Inspector General, US Office of Personnel Management. 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, 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. 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 "JFV" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-17, Condition, Not a Disability. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFV" 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 to change the narrative reason for his discharge. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The evidence of record shows the applicant was diagnosed by a competent medical authority with a medical condition of "Adjustment disorder with disturbances of emotion and conduct." The medical authority recommended for the chain of command to consider him for discharge under the provisions of AR 635-200, paragraph 5-17. The counsel on behalf of the applicant contends the characterization of the applicant's service is inequitable and too harsh under the circumstances, and not in accordance with Army Regulation 635-200, which stipulates that a general (under honorable conditions) discharge is normally inappropriate for individuals separated under the provisions of paragraph 5-17. The contentions included that the chain of command formed their own opinion about the applicant's behavior and motivation, and initiated a plan to discharge the applicant with less than an honorable characterization of service. These contentions were carefully considered. However, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, and post-service achievements, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant's contentions regarding his behavioral health issues were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues symptoms existed, and the applicant contends they were contributing factors in his performance and conduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct that led to the current characterization of his discharge, it can grant appropriate relief by changing the characterization of service. 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 13 June 2018, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's circumstances surrounding the discharge (i.e. in-service diagnosis of behavioral health issues), and as a result it is inequitable. 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 AR20170005116 6