1. Applicant's Name: a. Application Date: 28 March 2018 b. Date Received: 4 April 2018 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through counsel, requests an upgrade of general (under honorable conditions) discharge to honorable and a narrative reason change. The applicant seeks relief contending, in effect, the applicant's ability to serve was impaired by severe schizophrenia and bipolar disorder from which the applicant was suffering and has now been diagnosed. The general discharge deprives the applicant of essential healthcare benefits to treat the mental illnesses and was inequitable under the totality of the circumstances. The applicant suffers from severe, debilitating mental illnesses including Schizophrenia, Bipolar Disorder, Depression, and Anxiety. The symptoms of the applicant's mental illnesses began while on active duty and caused the misconduct for which the applicant was separated. Counsel states, the applicant wants to be mentally and physically able to support a family, hold a job, and contribute to the community. The applicant does not want to be another homeless veteran statistic. But the truth is, in order to achieve these goals, the applicant will require ongoing mental health treatment. An honorable characterization of service is not only appropriate under the totality of the circumstances, but it will allow the applicant to receive medical benefits that the applicant desperately needs. 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. VA records indicate that the applicant is 100% service-connected for Bipolar Disorder. In summary, the applicant had a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a Travel Panel hearing conducted at Warner Robbins, GA on 27 February 2019, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length of service, the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of OBH), a prior period of honorable service, and as a result it is inequitable. 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. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (AWOL) / AR 635-200 / Chapter 14-12c (1) / JKD / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 10 February 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 October 2013 (2) Basis for Separation: The applicant was informed of the following reasons: Between on or about 17 August 2013 to on or about 18 September 2013, he was absent without leave (AWOL). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 31 October 2013 (5) Administrative Separation Board: On 31 October 2013, the applicant conditionally waived consideration of his case before an administrative separation board, contingent upon him receiving a characterization of service no less favorable than honorable. On 18 December 2013, the separation authority disapproved the applicant's conditional waiver. On 8 January 2014, the applicant was notified to appear before an administrative separation board. On 13 January 2014, the applicant conditionally waived consideration of his case before an administrative separation board, contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions). (6) Separation Decision Date / Characterization: undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 February 2013 / 5 years b. Age at Enlistment / Education / GT Score: 25 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 7, years, 9 months, 20 days d. Prior Service / Characterizations: IADT, 6 April 2006 -18 October 2006 / HD USAR, 19 October 2006 - 11 February 2013 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Two US District Court Violation Notices, dated 16 August 2013, reflect that the applicant was charged with: Speeding 41/25; and, Driving under the influence (0.89). Three Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 17 August 2013; From "AWOL" to "Dropped From Rolls (DFR)," effective 17 September 2013; and, From "DFR" to "PDY," effective 18 September 2013. Unexecuted Charge Sheet, dated 17 September 2013, reflects the applicant was charged with: Absent Without Leave, for without authority absenting himself from his unit on 17 August 2013, and did remain absent. Desertion, for without authority absenting himself from his unit on 17 August 2013, with intent to remain away from his unit permanently. General Officer Memorandum Of Reprimand, dated 23 August 2013, for driving a motor vehicle on 16 August 2013, in the state of with a blood alcohol content of .089 percent, in violation of Kentucky law. Report of Mental Status Evaluation, dated 2 October 2013, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. i. Lost Time / Mode of Return: 31 days (AWOL, 17 August 2013 - 17 September 2013) / Surrendered to Military Authorities. j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of his active duty medical records, which reflect he was treated for an Adjustment Disorder beginning on 16 January 2014. The records also reflect he was treated for an Adjustment Disorder with depressed mood on 12 August 2013. The applicant provided copies of his medical treatment records from the Center For A Healthy Mind And Wellbeing, LLC, which reflect the applicant was diagnosed with: Severe depressed bipolar I disorder with psychotic features; and, Generalized anxiety disorder. The applicant provided a copy of his medical treatment records, dated 23 June 2016, from the Memorial Hospital Jacksonville, which reflects the applicant was diagnosed with: Schizophrenia, acute. The applicant provided a copy of his VA disability rating decision, dated 7 August 2018, which reflects the applicant was rated 100 percent disability for Bipolar Disorder with psychotic features (also claimed as mental disorder, schizophrenia, adjustment disorder and sleep walking disorder). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with allied legal brief and all listed enclosures; VA Rating Decision, with allied documents; and, Social Security Administration Disability Adjudication and Review Decision, with allied documents. 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 "JKD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 12c(1), misconduct (awol). 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, through counsel, requests an upgrade of his general (under honorable conditions) discharge to honorable and a narrative reason change. 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 military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. 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 contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12c(1), AR 635- 200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (AWOL)," and the separation code is "JKD." 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 symptoms of his mental illnesses began while he was on active duty and caused the misconduct for which he was separated. The applicant's service record contains documentation that supports a diagnosis of in service Adjustment Disorder with depressed mood; 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 record shows that on 2 October 2013, the applicant underwent a mental status evaluation, which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong. It appears, the applicant's chain of command determined that he knew the difference between what was right and wrong as indicated by the mental status evaluation. The applicant contends that an upgrade of his discharge would allow medical benefits through the VA. However, eligibility for veteran's benefits to include medical 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 applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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): None 10. BOARD DETERMINATION: In a Travel Panel hearing conducted at Warner Robbins, GA on 27 February 2019, and by a 4-1 vote, the Board determined that the discharge was too harsh based on the applicant's length of service, the circumstances surrounding the discharge (i.e. in- service and post-service diagnosis of OBH), a prior period of honorable service, and as a result it is inequitable. 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. 11. 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 / 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 AR20180008600 6