1. Applicant's Name: a. Application Date: 26 May 2018 b. Date Received: 5 June 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and a change to narrative reason for discharge to medical or administrative. The applicant seeks relief contending, in effect, that the discharge was unjust and unfair because the Army did not take action earlier that would have prevented the applicant from serving for 3 year and 2 months during which time the applicant served honorable, but unfortunately injured the back while performing duty as an Airborne Infantryman. The applicant mistakenly believed that there was not a requirement to disclose the fact that the applicant had been prescribed various medications for behavioral problems as a child and adolescent if the applicant had not been actively taking those medications for at least one year. As indicated in the attached letter to a former First Sergeant from the 309th Battalion Surgeon, the last prescribed dose was dated July 2011. However, the applicant had already made the decision to stop taking the medication in 2010, well before the enlistment in 2013. The same letter infers that the Army first learned about the medication history after a review of military dependent records conducted at the unit in 2016. However, the Army was aware of the applicant's medication history as early as April 2013 upon arriving at Fort Benning, GA of basic training. 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 Oppositional Defiant Disorder (ODD), Impulse Control Disorder, ADHD, and Mood Disorder. The applicant is 10% service-connected from the VA. In summary, based on medical documentation, the discharge was appropriate. In a records review conducted at Arlington, VA on 28 June 2019, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Fraudulent Entry / AR 635-200, Chapter 7, SEC V / JDA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 29 September 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 23 August 2016 (2) Basis for Separation: The applicant was informed of the following reasons: for omitting certain medical information from his record that would have otherwise disqualified him from entering the United States Army. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 24 August 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 29 August 2016 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 April 2013 / 4 years, 19 weeks b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B1P, Infantryman / 3 years, 5 months, 22 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Counseling statement making reference to recommendation for discharge under the provisions of Chapter 7. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Chronological Records of Medical Care, dated 21 June 2006, reference the applicant being evaluated for ADHD. Medication History, dated 14 June 2006, showing drugs prescribed to the applicant. Report of Medical Assessment, dated 5 April 2016 shows the applicant indicated he suffered with scoliosis, chronic back pain, disk degeneration. Chronological Record of Medical Care, dated 10 December 2013, show the applicant was referred during DCS to further assess due to prior history of being prescribed psychotropic medication prior to joining the military. The applicant reported being prescribed psychotropic medication in 2010 for anxiety sxs. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; medical screening documents; pre- deployment screening; medical record for first back-pain encounter; chronological records of back pain encounters at JBER. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 7, paragraph 7-17 provides, in pertinent part, that a fraudulent entry is the procurement of an enlistment, reenlistment, or period of active service through any deliberate material misrepresentation, omission, or concealment of information which, if known and considered by the Army at the time of enlistment or reenlistment, might have resulted in rejection. This includes all disqualifying information requiring a waiver. A Soldier who concealed his or her conviction by civil court of a felonious offense normally will not be considered for retention. Soldiers separated under Chapter 7 may be awarded an honorable discharge, general, under honorable conditions discharge, or a discharge under other than honorable conditions. If in an entry level status, the discharge will be uncharacterized. 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 "JDA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 7, and fraudulent entry. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JDA" 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 his general (under honorable conditions) discharge to honorable and a change to his narrative reason for discharge to medical or administrative. 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 due to his failure to disclose the fact that he had been prescribed various medication for behavioral problems as a child and adolescent. 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 evidence of record shows the applicant was separated under the provisions of Chapter 7, paragraph 7-17, AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Fraudulent Entry," and the separation code is "JDA." 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 appropriate RE code is 3. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending that his discharge was unjust and unfair to him because the Army did not take action earlier that would have prevented him from serving for 3 year and 2 months during which time he served honorable, but unfortunately injured his back while performing duty as an Airborne Infantryman. He contends he mistakenly believed that he was not required to disclose the fact that he had been prescribed various medications for behavioral problems as a child and adolescent if he had not been actively taking those medications for at least one year. As indicated in his attached letter to his former First Sergeant from the 309th Battalion Surgeon the last prescribed dose was dated July 2011. However, he had already made the decision to stop taking the medication in 2010, well before his enlistment in 2013. The same letter infers that the Army first learned about the medication history after a review of his military dependent records conducted at his unit in 2016. However, the Army was aware of his medication history as early as April 2013 when he arrived at Fort Benning, GA of basic training. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were noted and the applicant is to be commended on his accomplishments. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his discharge was unjust or unfair. In fact, it was the applicant's responsibility to disclose he had been prescribed various medication for behavioral problems. 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 that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 28 June 2019, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 AR20180009231 1