1. Applicant's Name: a. Application Date: 2 December 2017 b. Date Received: 15 February 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, during his enlistment he never got into any trouble through the military channels. He was discharged for domestic violence against his ex-spouse, which he was never found guilty. He continued to work diligently as a 25U in spite the civilian charges pending against him. He feels he does not deserve to have his military reputation tarnished. He was diagnosed with a major depressive disorder derived from the civilian charges. He desires to receive VA benefits to attend college and develop into a successful person. 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 Adjustment Disorder with depressed mood; Adjustment Disorder with mixed anxiety and depressed mood; Anxiety Disorder, unspecified; Major Depressive Disorder, unspecified; Marital Problem; PTSD. The VA has also diagnosed the applicant with Anxiety Disorder, unspecified; Alcohol Abuse, unspecified; Adjustment Disorder with mixed anxiety and depressed mood; Generalized Anxiety Disorder. The applicant is 90% service connected, 70% for Major Depressive Disorder. In summary, the applicant has 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 13 January 2021, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service and the circumstances surrounding the discharge (OBH, MST, and PTSD diagnosis). 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 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 12 May 2017 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 13 March 2017 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he assaulted his spouse on two separate occasions. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 14 March 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: On 26 April 2017, the separation approving authority reviewed the administrative separation file and the medical evaluation board results pertaining to the applicant. He directed the processing of the applicant's separation under the provisions of AR 635-200, Chapter 14-12c. He found the applicant's conditions were not a direct or substantial contributing cause of the conduct that led to his recommended administrative separation. He also found the applicant's case did not warrant disability processing instead of administrative separation. He directed the applicant's separation with General (Under Honorable Conditions) discharge. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 July 2013 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-3 / 25U10, Signal Support Systems Specialist / 3 years, 10 months, 5 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Evaluation, dated 13 October 2016, reflects the applicant had an Axis I diagnosis of adjustment disorder, with mixed anxiety and depressed mood. He was screened for PTSD and TBI. These conditions were either not present or, if present, did not meet AR 40-501 criteria for a medical evaluation board. He was also screened for military sexual trauma with negative findings. There was no evidence of mental defect, emotional illness of psychiatric disorder to sufficiently warrant disposition through military channels. He was mentally responsible for his behavior, could distinguish right from wrong and possessed sufficient mental capacity to participate intelligently in any proceedings deemed appropriate by his command. He was cleared for administrative separation under AR 635-200, for Chapter 14-12c as deemed appropriate by Command. El Paso Behavioral Health System, Psychiatric Evaluation, dated 14 October 2016, indicates the applicant was diagnosed with major depressive disorder, recurrent, severe without psychotic features, PTSD chronic, sexual assault as an adult / victim and generalized anxiety disorder. He is pending a court hearing for domestic violence charge and in the process of being chaptered. VA Progress Note, IDES, dated 2 November 2016, relates the applicant was diagnosed with major depressive disorder, recurrent episode, unspecified and an unspecified anxiety disorder. Medical Evaluation Board Proceedings, dated 9 December 2016, revealed the applicant did not meet retention standards due to major depressive disorder (MDD), recurrent, unspecified in accordance with AR 40-501, Chapter 3-32(a, b and c). Unspecified anxiety disorder, in accordance with AR 40-501, Chapter 3-33(a, b and c). He was referred to a Physical Evaluation Board (PEB). 5. APPLICANT-PROVIDED EVIDENCE: Online application (six pages). 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 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, misconduct (serious offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" 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 general (under honorable conditions) to honorable and a change to the narrative reason for separation. The applicant's record of service and the issues 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 documented misconduct (serious offense), the applicant diminished the quality of his service below that meriting 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, misconduct (serious offense). The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, during his enlistment he never got into any trouble through the military channels. The record of evidence shows that the applicant was discharged for assaulting his spouse on two separate occasions. The applicant further contends, he was discharged for domestic violence against his ex-spouse, which he was never found guilty. Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be separated if a punitive discharge is authorized for the same or a closely related offense under the Manual for Courts Martial. The applicant also contends, he continued to work diligently as a 25U in spite the civilian charges pending against him. 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 additionally contends, he feels he does not deserve to have his military reputation tarnished. 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. Furthermore, the applicant contends, he was diagnosed with a major depressive disorder derived from the civilian charges. The record of evidence contains several mental health documents which relates he was diagnosed with a major depressive disorder. The applicant desires to receive VA benefits to attend college and develop into a successful person. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 13 January 2021, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service and the circumstances surrounding the discharge (OBH, MST, and PTSD diagnosis). 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 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 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 / 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 AR20180001991 1