1. Applicant's Name: a. Application Date: 13 June 2017 b. Date Received: 4 August 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable, a change to narrative reason for discharge, and a change to separation code. The applicant seeks relief contending, in effect, that during and after deployment an untreated Bipolar disorder affected the applicant's ability to serve. From 2006 to 2008 the applicant served without any incidents with an "Outstanding Performance, Must Promote" OER. In 2007, the applicant was diagnosed with depression and a mild adjustment disorder. In 2008, the applicant deployed to Camp Bucca, Iraq and became overwhelmed and depressed. In 2009, the applicant was separated. The applicant contends that MG H. recommended discharge with a characterization of service of honorable. Within 3 weeks of separation, the Department of Veterans Affairs diagnosed the applicant with service connected Bipolar disorder. The applicant was diagnosed by the VA for the conduction at 10 percent, 30 percent, and later 70 percent. Currently the applicant receives proper treatment and has re- established life as a successful security professional, with a DHS clearance who recently developed Tenant Emergency Response Guidelines for retail space at Westfield World Trade Center. Evidence of record shows a prior records review was conducted on 20 February 2013. 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 that prior to military service, the applicant had a diagnosis of ADD to include use of Ritalin and psychotherapy; the applicant received a medical waiver to commission in the Army from ROTC. While in service, the applicant was diagnosed with Insomnia. Post-service, the applicant has a 70% service connected disability rating from the Veteran Affairs (VA); 30% is for Bipolar Disorder II Disorder. In summary, the applicant had a medical or behavioral health condition that was related to, but not mitigating for the offenses which led to separation from the Army. In a personal appearance hearing conducted at Arlington, VA on 3 December 2018, and by a 5- 0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Unacceptable Conduct / AR 608-8-24, Paragraph 4-2b / JNC / NA / General (Under Honorable Conditions) b. Date of Discharge: 23 December 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 September 2009 (2) Basis for Separation: The applicant was notified of initiation of elimination proceedings under the provisions of Chapter 4, paragraphs 4-2a(1-6 & 8), 4-2b(4-5 & 8), and 4- 2c(4), AR 600-8-24, by reason of substandard performance of duty, committing acts of personal misconduct, conduct unbecoming an officer, and having derogatory information in his personnel file. The applicant was directed to show cause for retention on active duty for demonstrating a downward trend in his overall performance, resulting in a consistent record of mediocre service, engaging in multiple instances of misconduct and conduct unbecoming an officer, and being relieved of his duties while deployed in Iraq for failing to follow instructions, making disloyal comments about his chain of command, immature behavior and dereliction of duty. (3) Legal Consultation Date: On 2 October 2009, the applicant submitted a rebuttal statement through his attorney under the provisions of Chapter 4, AR 600-8-4, in lieu of further elimination proceedings. The applicant was a probationary officer and therefore not entitled to appear before a Board of Inquiry (BOI). (4) GCMCA Recommendation Date: 30 October 2009 / Honorable (5) DA Ad Hoc Review Board: The Department of the Army Ad Hoc Review Board considered the applicant's request for resignation in lieu of elimination in accordance with AR 600-8-24, Chapter 4. (6) Separation Decision Date / Characterization: 4 December 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Appointment: 5 June 2006 / 4 years b. Age at Appointment / Education / GT Score: 21 / BA Degree (Political Science) / NA c. Highest Grade Achieved / MOS / Total Service: O2 / 14A 5P, Air Defense Artillery / 7 years, 3 months, 26 days (Block 12e (prior inactive service) of the DD Form 214 under review is incorrect and should read 3 years, 9 months, 4 days) d. Prior Service / Characterizations: USAR (Cadet), 28 August 2002 to 11 May 2006 / NA USAR, 12 May 2006 to 4 June 2006 / NA e. Overseas Service / Combat Service: SWA / Iraq (15 April 2008 to 30 September 2008) f. Awards and Decorations: AAM, NDSM, ICM-CS, GWOTSM, ASR g. Performance Ratings: 12 May 2006 to 1 April 2008, Best Qualified 1 April 2008 to 1 October 2008, Do Not Promote 2 October 2008 to 15 May 2009, Do Not Promote h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF; however, documents submitted by the applicant from the Department of Veterans Affairs dated 14 January 2010, shows the applicant was diagnosed with an Axis I for Bipolar Disorder NOS and alcohol abuse, in early full remission. It was also noted that he had a global assessment of function (GAF) score of 75. Documents submitted by the applicant shows he is currently receiving 70 percent service connected disability for his medical conditions. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; military and medical records; supporting statements (i.e., 36 enclosures) 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge he has begun a successful career at Westfield Corporation, first as a management associated and now as a civilian security professional who has recently been granted an interim security clearance. 7. REGULATORY CITATION(S): Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. A discharge of honorable, general, or under other than honorable conditions characterization of service may be granted. 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 "JNC" as the appropriate code to assign commissioned officers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4-2b, unacceptable conduct. 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 and upgrade of his general (under honorable conditions) discharge to honorable, a change to his narrative reason for discharge, and a change to his separation code. 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 Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant' unacceptable conduct diminished the quality of his service below meriting an honorable discharge at the time of separation. The applicant requested a change to the narrative reason for separation and his separation code. 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 "BNC" as the appropriate code to assign officers, who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4, paragraphs 4-2b, Unacceptable Conduct. The regulation further stipulates no deviation is authorized. The applicant seeks relief contending that during and after his deployment his untreated Bipolar disorder affected his ability to serve. From 2006 to 2008 he served without any incidents with an "Outstanding Performance, Must Promote" OER. In 2007, he was diagnosed with a depression and mild adjustment disorder. In 2008, he deployed to Camp Bucca, Iraq and became overwhelmed and depressed. In 2009, he was separated. He contends that MG H., recommended he be discharged with a characterization of service of honorable. Within 3 weeks of separation, the Department of Veterans Affairs diagnosed him with service connected Bipolar disorder. He was diagnosed by the VA for the conduction at 10 percent, 30 percent, and later 70 percent. The applicant's contentions were noted; however, the record does not support the applicant's contention, and no evidence to support it has been submitted by the applicant, that the discharge was the result of any medical condition. Evidence submitted by the applicant dated 14 January 2010, indicating he was diagnosed with an Axis I for Bipolar Disorder NOS and alcohol abuse, in early full remission, that he had a global assessment of function (GAF) score of 75, and that he is currently receiving 70 percent service connected disability for his medical conditions were noted. However, the fact the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels at the time of discharge. 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 and the applicant is to be commended on his accomplishments. It was noted that MG H., recommended he be discharged with a characterization of service of honorable. However, the Deputy Assistant Secretary of the Army (DASA) was not bound by the recommendation as to 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 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 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 b. The applicant presented the following additional contention(s): None c. Witness(es) / Observer(s): 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 3 December 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change 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 AR20170014903 5