1. Applicant's Name: a. Application Date: 1 July 2017 b. Date Received: 27 July 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through counsel, requests an upgrade of under other than honorable conditions discharge to honorable and a narrative reason change. In the alternative, the applicant requests an upgrade to general (under honorable conditions) discharge. The applicant seeks relief contending, in effect, the applicant is a diagnosed schizophrenic. Before joining the Army in 2008, the applicant experienced the first signs of schizophrenia, including a psychotic breakdown. After returning from service in Afghanistan, the applicant began displaying behavior consistent with the preliminary, or prodromal, stages of schizophrenia, including drug use, poor judgment, social withdrawal, and belligerence, ultimately leading to discharge under other than honorable conditions. Counsel states, all along though, the applicant's behavior was the product of a budding mental disease. This is known because only five days after discharge, the applicant was admitted to a VA hospital, and was formally diagnosed with schizophrenia. After observing and treating the applicant for more than three months, Dr. M, Chief of Adult Psychiatry, came to the "inescapable conclusion that the mental illness impaired the applicant's judgment and caused behavioral problems in the military." The Board is empowered to remove injustices in a veteran's record. The injustice here is that the applicant was discharged for conduct that, based on medical opinion, was "not entirely volitional or driven by choice or opposition to routine or military custom or culture, but rather due to a psychotic break where [the applicant] was experiencing his environment in a manner that was not consistent with reality." Under nearly identical facts (i.e., where an applicant's mental disease caused his or her misbehavior while in the Army), the Board has upgraded an applicant's character of service. The Board is bound to follow its prior decisions granting a discharge upgrade under facts substantially similar to those in this proceeding. Counsel states, the applicant served honorably as a mortar man in Afghanistan and experienced symptoms consistent with prodromal schizophrenia following service in Afghanistan. Immediately after discharge, VA doctors diagnosed the applicant with schizophrenia and determined that applicant's misconduct was the result of the schizophrenia. The applicant continues to suffer from schizophrenia, but is now able to manage the mental disease, is no longer using drugs to cope, and is a productive member of society. The applicant's misbehavior near the time of separation stands in stark contrast to a stellar military record. Counsel provides legal brief further detailing contentions for the Board's consideration. 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), notes indicate no BH diagnoses while on active duty. VA records indicate that the applicant suffers from severe Undifferentiated Schizophrenia, Anosognosia, and has been involuntarily hospitalized. The applicant has not had a complete assessment for PTSD by the VA, however, because the applicant is not eligible for VA health care. In summary, the applicant had a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 6 February 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, and the circumstances surrounding the discharge (i.e. homelessness and post-service diagnosis of OBH). 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-4. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 23 May 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 March 2011 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 28 February 2011, he willfully disobeyed a lawful command; on or about 28 February 2011, was disrespectful towards a superior commissioned officer; on or about 9 September 201l, failed to obey a lawful general regulation, to wit: paragraph 4-1(a), Fort Carson Regulation: 10-18 dated 15 January 2010, by wrongfully using a controlled substance analogue; and, on or about 10 September 2010, failed to obey lawful general regulation, to wit: paragraph 4-3(a-c), Fort Carson Regulation 210-18 dated 15 January 2010, by wrongfully possessing drug paraphernalia. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 8 March 2010 (5) Administrative Separation Board: On 8 March 2011, the applicant conditionally waived consideration of his case before an administrative separation board, contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions) discharge. On 2 May 2011, the applicant unconditionally waived consideration of his case before an administrative separation board. (6) Separation Decision Date / Characterization: 13 May 2011 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 July 2008 / 3 years, 19 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 2 years, 9 months, 25 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (3 June 2009 - 16 May 2010) f. Awards and Decorations: ACM-CS, AAM, NDSM, GWOTSM, ASR, OSR, NATOMDL, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 10 September 2010, reflects the applicant was apprehended for: Fail to Obey General Order-Other (on post). Army Substance Abuse Program (ASAP) Enrollment, dated 15 November 2010, for salvia possession 10 September 2010. Military Police Report, dated 5 February 2011, reflects the applicant was apprehended for: Controlled Substance Violations, Other - Possession of Other Controlled Substance - Synthetic Cannabinoids (on post). Commander's Report, dated 10 March 2011, reflects the applicant received a FG Article 15. The punishment consisted of a reduction to E-1; and, extra duty and restriction for 45 days. Military Police Report, dated 31 November 2011, reflects the applicant was apprehended for: Fail to Obey General Order - Paraphernalia (on post); and, for Controlled Substance Violations, Other - Possession of Other Controlled Substance - Synthetic Cannabinoids (on post). Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Behavioral Health Evaluation, dated 15 November 2010, reflects the applicant was mentally responsible with a clear thinking process and had the mental capacity to understand and participate in the proceedings. The applicant was diagnosed with Polysubstance Abuse. Certification for Special Treatment Program Services, dated 20 June 2008, reflects the applicant was diagnosed with: Schizophreniform Disorder. Royale TRC Aftercare Plan Form, dated 1 August 2012, reflects the applicant was diagnosed with Schizoaffective Disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149, with allied legal brief and all listed enclosures. 6. POST SERVICE ACCOMPLISHMENTS: Counsel states, the applicant is now able to manage his mental disease, is no longer using drugs to cope, and is a productive member of society. 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 states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 12c, misconduct (serious offense). 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, through counsel, requests an upgrade of his under other than honorable conditions discharge to honorable and a narrative reason change. In the alternative, the applicant requests an upgrade to general (under honorable conditions) discharge. 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 because the applicant's mental disorder affected his behavior. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)," and the separation code is "JKQ"." 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 contends that he was diagnosed with schizophrenia after he was discharged from the Army. 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 15 November 2010, 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 other Soldiers whose mental disease caused his or her misbehavior were granted relief by the Board. However, the method in which another Soldier's case was handled is not relevant to the applicant's case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. The applicant contends that he had good service which included a combat tour. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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 6 February 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, and the circumstances surrounding the discharge (i.e. homelessness and post-service diagnosis of OBH). 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-4. 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 / RE-4 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 AR20170013655 6