1. Applicant's Name: a. Application Date: 20 July 2017 b. Date Received: 24 July 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, that the current reason for discharge has been determined to be service connected major depressive disorder. The applicant contends that had the medical determination been made while on active duty, the applicant would have been discharged with an honorable discharge. 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 diagnoses of Alcohol Abuse, Adjustment Disorder, Phase of Life Problem, Partner Relational and Occupational Problems. The applicant is 50% service-connected for Major Depressive Disorder from the VA. In summary, based on OTSG Police Memo 14-049 and the inappropriate documentation necessary to corroborate the applicant's medical condition, it is the opinion of the doctor that the applicant's separation was improper. In a records review conducted at Arlington, VA on 8 March 2019, and by a 5-0 vote, the Board determined the discharge is improper based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. in-service and post- service diagnosis of OBH), and a prior period of honorable service. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Physical Condition, Not a Disability / AR 635-200 / Chapter 5-17 / JFV / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 15 August 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 July 2014 (2) Basis for Separation: The applicant was informed of the following reasons: being diagnosed with a borderline personality disorder and wrongfully using marijuana. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 10 July 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 July 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 December 2012 / 5 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11C10, Indirect Fire Infantryman / 3 years, 4 months, 18 days d. Prior Service / Characterizations: RA, 28 March 2011 to 18 December 2012 / HD e. Overseas Service / Combat Service: SWA / Kuwait (19 June 2012 to 14 February 2013) f. Awards and Decorations: AAM, AGCM, NDSM, GWOTEM, GWOTSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Counseling statements for acts of misconduct and pending discharge under the provisions of AR 635-200, Chapter 5-17. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Electronic copy of the DD Form 2624, dated 16 June 2014, reflects the applicant tested positive for THC 118 during an Probable Cause (PO) urinalysis testing conducted on 9 June 2014. Report of Mental Status Evaluation, dated 12 February 2012, showing the applicant was diagnosed with an Axis II for Borderline Personality Disorder. It was noted that the applicant could understand and participate in administrative proceedings, appreciated the difference between right and wrong and met medical retention requirements (i.e., does not qualify for a medical evaluation board). It was noted in the remarks section that his interpersonal difficulties, suicidal behaviors, and impulsivity may be interfering with his treatment. He had already demonstrated difficulty with adapting to a somewhat challenging environment (lock down February 2014) and his symptoms would likely worsen to the point that he would need continued and consistent mental health treatment if deployed. His diagnosis did not meet retention standards for continued military service. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Department of Veterans Affairs decision letter, shows the applicant was awarded 50 percent service connected disability for major depressive disorder with anxious distress; and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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. 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 evidence of record shows a mental status evaluation by competent medical authority diagnosed the applicant with a Borderline Personality Disorder. The unit commander informed the applicant as to the specific factors in the service record that warranted a general (under honorable conditions) discharge (i.e., wrongfully using marijuana). The applicant seeks relief contending that his current reason for discharge has been determined to be service connected major depressive disorder. He contends that had the medical determination been made while on active duty he would have been discharged with an honorable discharge. The applicant contentions were noted; however, as noted above, the bases for the applicant's separation was because he was diagnosed with a Borderline Personality Disorder. The unit commander informed the applicant as to the specific factors in the service record that warranted a general (under honorable conditions discharge) (i.e., wrongfully using marijuana). Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. By violating the Army's policy not to possess or use illegal drugs, the applicant compromised the trust and confidence placed in a Soldier. The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies. By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge. 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 discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 8 March 2019, and by a 5-0 vote, the Board determined the discharge is improper based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of OBH), and a prior period of honorable service. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, paragraph 5-3 e. Change SPD / RE Code to: JFF / 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 AR20170014320 1