1. Applicant's Name: a. Application Date: 8 February 2018 b. Date Received: 12 February 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests the narrative reason and the Separation Designation (SPD) code be expunged from the DD Form 214. The applicant seeks relief contending, in effect, had an honorable discharge because the gravity of the negative remarks given by a civilian head nurse of the inpatient psychiatry unit, on the officer evaluation record (OER) was not fair and justified. The applicant acted as the whistleblower, exposing the civilian head nurse's unethical performance in the hospital ward to the Inspector General (IG) office. The head nurse gave the applicant negative remarks on the OER to exact vengeance for the applicant's actions against her. The applicant was never given copies of the numerous negative counseling's done by senior military officers on her behalf. The negative counseling's were all fabricated against the applicant and were without basis, full of bias and prejudice. The applicant's service-connected disability, post-traumatic stress disorder, caused the applicant to be angry easily with the civilian head nurse. Because of this, the applicant filed numerous validated complaints against the head nurse with the IG office. The applicant still does not feel at ease because of the negative remarks on the DD Form 214. As an Army nurse, the applicant served with excellence in delivering quality health care to Soldiers, their families and their dependents with respect to their mental illnesses. The applicant never compromised their safety, comfort or wellbeing while they were under the applicant's care at the various Army medical centers or combat support hospital where the applicant deployed. The applicant developed nightmares and ill-feelings toward the head nurse because of her negative remarks on the OER, which now can only be stopped is if the applicant is granted the relief requested. 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 disturbance of emotions, Anxiety Disorder, Chronic PTSD and Depression. The applicant is 100% service-connected for PTSD from the VA. In summary, the applicant's BH diagnosis is not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 22 April 2020, 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 600-8-24, Chapter 4-2B / JNC / NA / Honorable b. Date of Discharge: 6 April 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 July 2011 (2) Basis for Separation: The applicant was informed to show cause for retention on active duty under the provisions of AR 600-8-24, paragraphs 4-2b for misconduct, moral, or professional dereliction, due to the following reasons: A series of substantiated derogatory activity resulting in a referred Officer Evaluation Report for the period 29 December 2008 through 15 May 2009, which was filed in his Official Military Personnel File. Conduct unbecoming an officer as indicated by the above-referenced item. (3) BOI Date: 12 October 2011 (4) GOSCA Recommendation Date / Characterization: On 6 January 2012, the GOSCCA recommended the applicant be involuntarily eliminated from service / Honorable (5) DA Ad Hoc Review Board Date: 15 February 2012 (6) DASA (RB) Date / Decision: 5 March 2012 / Honorable 4. SERVICE DETAILS: a. Date / Period of Appointment: 24 January 2004 / Indefinite b. Age at Appointment / Education: 44 / Master's Degree c. Highest Grade Achieved / MOS / Total Service: O-3 / 66C, Psychiatric / Mental Health Nurse / 8 years, 2 months, 13 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Hawaii, Korea, SWA / Iraq (20 March 2006 - 4 July 2006) f. Awards and Decorations: AAM-2, MUC-2, PUC, ASUA, NDSM, SWASM, GWOTSM, KDSM, ICM-CS, ASR, OSR-2 g. Performance Ratings: 1 October 2005 - 19 March 2006 / Best Qualified 20 March 2006 - 28 June2006 / Fully Qualified 29 June 2006 - 22 February 2007 / Best Qualified 23 February 2007 - 15 May 2009 / Fully Qualified 16 May 2009 - 2 January 2010 / Fully Qualified 3 January 2010 - 17 December 2010 / Fully Qualified 17 December 2010 - 31 May 2011 / Best Qualified 31 May 2011 - 1 April 2012 / Fully Qualified h. Disciplinary Action(s) / Evidentiary Record: Report of Proceedings by Investigating Officer/Board of Officers, dated 12 October 2011, reflects a Board of Inquiry found: The applicant had a series of substantiated derogatory activity resulting in a referred Officer Evaluation Report for the period 29 December 2008 through 15 May 2009, which was filed in his Official Military Personnel File. This derogatory activity includes his less than average performance during this rated period, lack of leadership and involvement while performing as charge nurse, and failure to remediate after multiple attempts of counseling resulting in direct supervision from his superiors. The Board further finds the applicant had a series of substantiated derogatory activity for the period 29 December 2008 through 15 May 2009, which was filed in his Official Military Personnel File, and that this activity constituted conduct unbecoming an officer. The applicant's acts or omissions constituting conduct unbecoming an officer were lack of demonstrated performance for a professional with 20 years of nursing experience between his civilian and military employment, and his lack of demonstrated leadership skills, both of which constituted discredit to the officer corps. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of his VA benefits authorization, dated 7 September 2017, which reflects the applicant had a service- connected condition for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; VA Benefits Authorization. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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 the narrative reason and the Separation Designation (SPD) code be expunged from his DD Form 214. 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 Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the unacceptable conduct or poor duty performance, such that he should have been retained. Further, the applicant's record contains no evidence of arbitrary or capricious actions by the command. The applicant contends the narrative reason for the discharge should be expunged. However, the applicant was separated under the provisions of Chapter 4, paragraph 4-2b, AR 600-8-24 with a honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unacceptable Conduct," and the separation code is "JNC." 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 the VA has granted him a service connected disability for PTSD. 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 applicant's service record is void of a mental status evaluation. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong. The applicant contends that the head nurse gave him negative remarks on his OER to exact vengeance for the applicant's complaints against her; however, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record and the applicant has not provided any evidence that he ever sought such assistance before committing the misconduct which led to the separation action under review. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. Accordingly, this argument is not sufficient to support his request for an upgrade of his discharge. 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 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 22 April 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. 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 AR20180003930 1