1. Applicant's Name: a. Application Date: 11 April 2018 b. Date Received: 30 April 2018 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 discharge was inequitable because it was based on one isolated single event without further adverse actions. The applicant contends that the Uniform Code of Military Justice was never proceeded and reduction in rank/grade never occurred. The civilian criminal offense did not lead to any convictions and the charges were dropped. There were untreated illnesses occurring during and prior to separation that were not granted by the unit. The single event was a direct result of undiagnosed, untreated physical and mental disability incurred during active duty service. After a careful review of military enlistment, the Veterans Administration has deemed the applicant's service as honorable and has received a 90 percent service-connected disability rating. The applicant also contends that the one-time isolated lack of judgment was self-reported as a cry for help because the applicant was at the point of taking one's own life, if the applicant couldn't receive help. The applicant served honorably and received exceptional ranking within the time served, before and even after this one-time lapse in judgment. The applicant has gone through the VA compensation hearing and the rating and problem list included thoughts of harming oneself due to the constant emotional and physical pain; anxiety disorder, right and left knee arthroscopy, panic disorder, adjustment disorder with mixed emotional features and depressed moods, major depressive disorder. The undiagnosed physical and emotional issues affected the applicant's decision making ability and regrets that action every day. 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, grief reaction/with anxiety/with mixed emotional features, Bereavement without complications, and Major Depressive Disorder. The applicant is 90% service-connected; 70% for PTSD and 40% for TBI from the VA. 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 6 September 2019, and by a 3-2 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. post- service diagnoses of PTSD and TBI), 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, and a change to the reentry eligibility (RE) code to 1. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 27 May 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 December 2014 (2) Basis for Separation: The applicant was informed of the following reason: for wrongfully assaulting her wife by pushing her and punching her in the arm on 1 June 2014 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 6 January 2015 On 6 March 2015, the separation authority acknowledged that the applicant was being dually processed for separation through medical channels in accordance with AR 635-200, paragraph 1-33, and for misconduct in accordance with AR 635-200, paragraph 14-12c. Pursuant to AR 635-200, paragraph 1-33b(2) indicated that he had considered whether the applicant's case should be processed through medical disability channels or under administrative separation provisions. After reviewing the separation packet, the documents pertaining to the medical evaluation board, and any submission from the applicant, he directed that the case be processed under chapter 14 provision because the applicant's medical condition was not a direct or substantial contributing cause for the misconduct and there was no other circumstances that warrant continuing of the PEB processing. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 6 March 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 March 2013 / 5 years b. Age at Enlistment / Education / GT Score: 26 / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-5 / 91J20, Quartermaster and Chemical Equipment Repairer / 4 years, 4 months, 9 days d. Prior Service / Characterizations: RA, 19 January 2011 to 1 March 2013 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (13 November 2012 to 5 August 2013) f. Awards and Decorations: ARCOM, AAM, AGCM, ACM-CS, NDSM, GWOTSM, NOPDR, ASR, OSR, NATOMDL g. Performance Ratings: 1 May 2014 to 30 April 2015, Marginal h. Disciplinary Action(s) / Evidentiary Record: Incident Report, showing a warrant for the applicant's arrest was issued by a Manhattan KS court judge for missing court date in regards to several off-post charges; battery, reckless driving, and basic rules governing speed. Military Police Report, dated 1 June 2014, showing the applicant was the subject of investigation for domestic battery. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Medical Evaluation Board Proceedings, dated 5 February2015, relating to major depressive disorder, single episode, moderated diagnosed by the VA as Post Traumatic Stress Disorder with Major Depressive Disorder, Recurrent, and Severe with panic attacks. Medically unacceptable per AR 40-501 3-32b. Physical Disability Evaluation System (PDES) Commander's Performance and Functional Statement. Report of Mental Status Evaluation, dated 20 November 2014, shows the applicant was diagnosed with an Axis I for major depression per AHLTA notes. It was noted that the applicant scored 4/4 on the PTSD screen (positive). She scored 1/10 for TBI (negative). The applicant was enrolled in Behavioral Health services. She was administratively cleared for a Chapter 14- 12c. Report of Mental Status Evaluation, dated 24 November 2014, shows the applicant was diagnosed with an Axis I for major depressive disorder, Single Episode, Moderate and Adjustment Disorder with Anxiety. It was noted that the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored letter; Department of Veterans Affairs decision letter which shows the applicant has been awarded 70 percent service connected disability for post-traumatic stress disorder and major depressive disorder with panic attacks; and DD Form 214 for the period of service under review. 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. 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 her general (under honorable conditions) discharge to honorable. The applicant's available record of service, the issues and documents submitted with her application were carefully reviewed. The applicant's record is void of the complete facts and circumstances concerning the events which led to her discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c, by reason of Misconduct (Serious Offense), with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, all the requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The applicant seeks relief contending that her discharge was inequitable because it was based on one isolated single event without further adverse actions. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of her service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant contends that Uniform Code of Military Justice was never proceeded and reduction in rank/grade never occurred. Civilian criminal offense did not lead to any convictions. Charges were dropped. However, Army Regulation 635-200, in pertinent part, stipulates that a Soldier may be separated when initially convicted by civil authorities, or when action is taken that is tantamount to a finding of guilty, if a punitive discharge authorized for the same or a closely related offense under the Manual for Courts Martial, out regard to suspension or probation. The applicant contends there were untreated illnesses occurring during and prior to separation that were not granted by unit. The single event was a direct result of undiagnosed, untreated physical and mental disability incurred during her active duty service. After careful review of her military enlistment the Veterans Administrative has deemed her service as honorable and she has received a 90 percent service-connected disability rating. She also contents that her one- time isolated lack of judgment was self-reported by her as a cry for help because she was at the point of taking her own life, if she couldn't receive help. She served honorably and received exceptional ranking within her time served, before and even after this one-time lapse in judgment. She has gone through her VA compensation hearing and her rating and problem list included thoughts of harming herself due to the constant emotional and physical pain; anxiety disorder, right and left knee arthroscopy, panic disorder, adjustment disorder with mixed emotional features and depressed moods, major depressive disorder. Her undiagnosed physical and emotional issues affected her decision making ability and she regrets her action every day. The applicant's service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceeding were carefully considered and the applicant is to be commended. However, the Report of Mental Status Evaluation, dated 24 November 2014, shows the applicant was diagnosed with an Axis I for major depressive disorder, Single Episode, Moderate and Adjustment Disorder with Anxiety. It was noted that the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. Also, as noted in the file on 6 March 2015, the separation authority acknowledged that the applicant was being dually processed for separation through medical channels in accordance with AR 635-200, paragraph 1-33, and for misconduct in accordance with AR 635-200, paragraph 14-12c. Pursuant to AR 635-200, paragraph 1-33b(2) he had considered whether the applicant's case should be processed through medical disability channels or under administrative separation provisions. After reviewing the separation packet, the documents pertaining to the medical evaluation board, and any submission from the applicant, he directed that the case be processed under chapter 14 provision because the applicant's medical condition was not a direct or substantial contributing cause for the misconduct and there was no other circumstances that warrant continuing the PEB processing. 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. 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 her 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 6 September 2019, and by a 3-2 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. post-service diagnoses of PTSD and TBI), 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, and a change to the reentry eligibility (RE) code to 1. 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 / RE-1 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 AR20180007758 1