1. Applicant's Name: a. Application Date: 7 July 2017 b. Date Received: 20 July 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, his rank should be restored. He was diagnosed with an adjustment disorder with depressed mood. His discharge was in error and unjust. He received numerous awards and decorations. Per the Board's Medical Officer, a voting member, based on the information available for review in the service record, AHLTA, and JLV, the applicant was diagnosed with a behavioral health condition. However, due to the nature of the behavioral health condition, it does not mitigate the misconduct. In a records review conducted at Arlington, VA on 5 September 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 26, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 26, separation code changed to JKD, b. block 28, narrative reason for separation changed to Misconduct (AWOL) (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Desertion) / AR 635-200, Paragraph 14-12c(1) / JKF / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 18 October 2006 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 27 September 2006 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; on 15 September 2006, he received a Summary Court-Martial for being AWOL (12 April 2006 until 19 June 2006). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 23 August 2006 (5) Administrative Separation Board: The applicant voluntarily waived consideration of his case by an administrative separation board. (6) Separation Decision Date / Characterization: 13 October 2006 / Under Other Than Honorable Conditions / The applicant was reduced to the lowest enlisted grade. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 April 2003 / 4 years b. Age at Enlistment / Education / GT Score: 17 years / 3 years college / 114 c. Highest Grade Achieved / MOS / Total Service: E-5 / 52D10, Power Generation Equipment Repairer / 3 years, 4 months, 9 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq x2, 6 November 2003 to 1 April 2004 and 11 November 2005 to 17 March 2006 f. Awards and Decorations: ARCOM, AAM, AGCM, NDSM, ICM, GWOTEM, GWOTSM, ASR g. Performance Ratings: 1 September 2005 to 30 June 2009, Marginal h. Disciplinary Action(s) / Evidentiary Record: DD Form 458, Charge Sheet, dated 16 August 2006, shows that the applicant was charged with desertion. Report of Mental Status Evaluation, dated 11 September 2006, relates the applicant had no evidence of psychological distress, no suicidal or homicidal ideation or intent, no evidence of disordered thinking or other symptoms of psychosis and no evidence of any other psychiatric disorder which would account for the behaviors for which he is being processed for a Chapter 14 discharge. The applicant was psychologically cleared for any administrative action deemed appropriate by Command Summary Court-Martial, dated 15 September 2006, the applicant was charged with absent in desertion (12 April 2006 until 19 June 2006), but found guilty of the lesser charge of AWOL. He was sentenced to reduction to SPC / E-4, forfeiture of $1,228 pay for one month and restriction for two months. i. Lost Time / Mode of Return: AWOL for 67 days, 12 April 2006 until 18 June 2006; surrendered to military authorities. j. Diagnosed PTSD / TBI / Behavioral Health: Chronological Record of Medical Care, dated 6 April 2006, revealed the applicant had an Axis I diagnosis of an adjustment disorder with depressed mood, Axis IV, problems with primary support group (family problems); and occupational problems. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); attorney's brief (eight pages); DD Form 214; Exhibit A:, Service Record Excerpts (from NPRC and Client); Exhibit B, applicant's declaration; Exhibit C, dependency documents; Exhibit D, 17 June 2013 memorandum: Enclosures, service records and service medical records, exhibits and enclosures as stated on page 8 of the attorney's brief. 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 14-12c(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 "JKF" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter, paragraph 14-12c(1), misconduct (desertion). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKF" 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 the characterization of service from under other than honorable conditions to honorable and a change to the narrative reason for separation. The applicant's 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. By the misconduct (desertion), the applicant diminished the quality of his service below that meriting a general (under honorable conditions or an honorable discharge at the time of separation. 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 requests a change to the narrative reason for separation. 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 "JKF" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(1) misconduct (desertion). The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, his rank should be restored. AR 635-200, paragraph 14-4, states upon determination that a Soldier is to be separated with a discharge under other than honorable conditions, the separation authority will direct reduction to the lowest enlisted grade by the reduction authority. The Army Discharge Review Board is not empowered to restore former service member's grade, rate or rank. The Board may only change the characterization or reason for discharge. If an applicant believes there is an error or injustice in his discharge, he may make an application to the Army Board for Correction of Military Records, using DD Form 149, which can be obtained online or from a Veterans Service Organization. The applicant further contends, he was diagnosed with an adjustment disorder with depressed mood. The record of medical evidence shows the applicant had an Axis I diagnosis of an adjustment disorder with depressed mood, Axis IV, problems with primary support group (family problems); and occupational problems. The applicant also contends, his discharge was in error and unjust. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his discharge was in error and unjust. The applicant also contends, he received numerous awards and decorations. The applicant's service accomplishments and the quality of his service prior to the incident that caused the initiation of discharge proceeding were carefully considered Of note, the Summary Court-Martial charged the applicant with desertion, but he was found guilty of the lesser charge of AWOL. The service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 26 separation code as "JKF," and block 28, narrative reason for separation as "Misconduct (Desertion)." 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, paragraph 14-12c(1) Misconduct (AWOL). In view of the errors, it appears that block 26, separation code should be "JKD," and block 28, narrative reason for separation should be "Misconduct (AWOL)." 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 5 September 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 26, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 26, separation code changed to JKD, b. block 28, narrative reason for separation changed to Misconduct (AWOL) 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Misconduct (AWOL) d. Change Authority to: No Change e. Change SPD / RE Code to: JKD / 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 AR20170014698 1