1. Applicant's Name: a. Application Date: 20 May 2016 b. Date Received: 1 May 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant through legal counsel requests an upgrade of his general (under honorable conditions) discharge to honorable and a change to his narrative reason for discharge to secretarial authority. The applicant seeks relief contending, in effect, that his post-service conduct has been exemplary by him being licensed as a Civil engineer and currently pursuing admission to Medical School. His misconduct was aberrational; he was never in trouble prior to the allegations of misconduct and has not been in trouble since. He contends he suffered from depression and anxiety contributing to his making a completely illogical decision to walk out of NTC. This includes the fact that he was wrestling with his feelings of being a conscientious observer. He also contends he waived his right to consult with counsel at the time of discharge; however, due to his emotional state, he was not capable of doing this in a knowing and intelligent manner. The applicant also makes reference to he declared himself a conscientious objector in January of 2008 and in May of 2008, he felt depressed as he perceived that his conscientious objector request was not being addressed by the chain of command and he began to fail physical training test and abuse alcohol. Evidence in the records shows the applicant had a prior records review on 8 April 2011. Per the Board's Medical Officer, based on the information available for review at the time, the applicant's sole behavioral health problem in AHLTA was Marital Problem for what the applicant described to the therapist as his wife's infidelity during his deployment. He has no VA SC percentage and has no VA records in JLV. He had a Separation Medical Exam on 21 October 2008 with a profile of 111111. On 21 October 2008 he had a Separation Mental Status Exam. According to the Examiner, he did not have a psychiatric condition, met Army medical retention standards, and was responsible for his behavior. His records have insufficient evidence to mitigate misconduct. In a Personal Appearance Hearing conducted at Arlington, VA on 19 March 2018, and by a 3-2 vote, the Board determined that the narrative reason for discharge was too harsh based on the applicant's behavioral health issues. Accordingly, the Board voted to grant relief by changing the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. The board determined the characterization of service 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: Misconduct (AWOL) / AR 635-200, Paragraph 14-12c(1) / JKD / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 16 December 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 October 2008 (2) Basis for Separation: The applicant was informed of the following reason: being absent without leave from his unit on (10 September 2008) with the intent to avoid field exercises and remained absent until returned by military personnel on (11 September 2008). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 31 October 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 November 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 January 2007 / 6 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 129 c. Highest Grade Achieved / MOS / Total Service: E-3 / 15T10, Helicopter Repairman / 1 year, 10 months, 29 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG, Article 15, dated 9 October 2008, for being AWOL (10 September 2008). The punishment consisted of reduction to E-1, forfeiture of $673 pay for two months, and 45 days extra duty and restriction. Report of Mental Status Evaluation, dated 21 October 2008, shows the applicant was mentally responsible for his behavior, could distinguish right from wrong, and possessed sufficient mental capacity to understand and participate in any administrative or judicial proceedings. Negative counseling for failure to obey order or regulation Article 92 and leaving his appointed place of duty without authorization. i. Lost Time / Mode of Return: AWOL one day (10 September 2008 to 10 September 2008) / apprehended by military authority j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; resume; timeline of events; notification of passing the Fundamentals of Engineering Exam; Kansas State University Transcript; letters of recommendation; and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: Unofficial College Transcript submitted by the applicant shows he was awarded a Bachelor of Science in Civil Engineering since his discharge and is currently working as a Certified Nursing Assistant during the process of switching his focus to preparing for medical school. 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 14-12c(1) allows for an absentee returned to military control from a status of absent without leave or desertion to be separated for commission of a serious offense. 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 "JKD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (AWOL). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKD" 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 his general (under honorable conditions) discharge to honorable and a change to his narrative reason for discharge to secretarial authority. The applicant's available/record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms 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 was separated under the provisions of Chapter 14, paragraph 14-12c(1), AR 635- 200. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (AWOL)," and the separation code is "JKD." 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 seeks relief through legal counsel that his post-service conduct has been exemplary by him being licensed as a Civil engineer and currently pursuing admission to Medical School. His misconduct was aberrational; he was never in trouble prior to the allegations of misconduct and has not been in trouble since. The applicant's post-service accomplishments have been noted as outlined on the application and in the documents with the application and the applicant is to be commended on his accomplishments. He contends he suffered from depression and anxiety contributing to his making a completely illogical decision to walk out of NTC. This includes the fact that he was wrestling with his feelings of being a conscientious observer. He also contends he waived his right to consult with counsel at the time of discharge; however, due to his emotional state, he was not capable of doing this in a knowing and intelligent manner. The applicant also makes reference to he declared himself a conscientious objector in January of 2008 and in May of 2008, he felt depressed as he perceived that his conscientious objector request was not being addressed by the chain of command and he began to fail physical training test and abuse alcohol. The applicant's contentions were noted; however, the Report of Mental Status Evaluation, dated 21 October 2008, shows the applicant was mentally responsible for his behavior, could distinguish right from wrong, and possessed sufficient mental capacity to understand and participate in any administrative or judicial proceedings. Also, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service. The applicant's contention reference he declared himself a conscientious objector in January of 2008 and in May of 2008, being depressed as he perceived that his conscientious objector request was not being addressed by the chain of command and he began to fail physical training test and abuse alcohol was noted. However, the record of evidence does not demonstrate that he initiated action reference being a conscientious objector through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None were submitted during the hearing (previous documents were considered) b. The applicant presented the following additional contention(s): None listed on the hearing data sheet. c. Witness(es) / Observer(s): 10. BOARD DETERMINATION: In a Personal Appearance Hearing conducted at Arlington, VA on 19 March 2018, and by a 3-2 vote, the Board determined that the narrative reason for discharge was too harsh based on the applicant's behavioral health issues. Accordingly, the Board voted to grant relief by changing the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. The board determined the characterization of service and RE code were proper and equitable and voted not to change them. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD Code to: Change SPD Code to JKN f. Change 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 AR20170007572 5