1. Applicant's Name: a. Application Date: 20 June 2018 b. Date Received: 25 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. The applicant seeks relief contending, in pertinent part and in effect, at the time of separation, was going through a divorce and was very depressed. The applicant takes full responsibility for making some poor decisions. Since discharge, the applicant worked as a contractor in Iraq, supporting Service members during their deployment. The applicant made it a point to live honorably and as a law abiding citizen-the applicant continues to live according to the principles learned in the military. 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 and Adjustment Disorder with Mixed Disturbance of Emotions and Conduct. The applicant is 50% service-connected for Major Depressive Disorder from the VA. The VA has also diagnosed the applicant with Personality Disorder. In summary, the applicant's BH diagnoses are not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 11 December 2019, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the circumstances surrounding the discharge (i.e. post-service diagnoses of OBH). 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: Condition, Not a Disability / AR 635- 200, Paragraph 5-17 / JFV / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 21 July 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 May 2006 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was evaluated at a division mental health, which recommended for an administrative separation due to the continued risk of homicidal ideation and behavior when under stress. The medical provider believed that there was no treatment available for the applicant that would sufficiently mitigate the risk of future dangerous behavior. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 6 June 2006 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 20 June 2006 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 June 2004 / 5 years, 26 weeks b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-3 / 63B1P, Wheeled Vehicle Mechanic / 2 years, 1 month, 7 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Counseling statement for being arrested for shoplifting and his living conditions off-post. CG Article 15 with Serious Incident Report, dated 3 Aril 2006, for larceny of AAFES property of a value of $7 on 12 March 2006. The punishment consisted of a reduction to E-2, forfeiture of $333, and 14 days of extra duty and restriction. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 28 March 2006, indicates an "AXIS I" diagnosis of an "Adjustment Disorder with Mixed Disturbance of Emotions and Conduct" and "AXIS II" diagnosis as "Antisocial and Borderline Traits." The report remarked that the provider concurred "with the recommendation for administrative separation due to the continued risk of homicidal ideation and behavior when [the applicant was] under stress," and that it was "believed that no treatment available to the [applicant would] sufficiently mitigate the risk for future dangerous behavior." Report of Medical History, dated 5 April 2006, indicates the applicant noted behavioral health issues. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharged), dated 20 June 2018, and documents relating to his 2006 and 2007 Income Tax Returns, 2006 and 2007 Foreign Earned Income, Federal Tax Withholdings Attachment, 2007 Carryforward Information, 2006 and 2007 Wages and Salaries Summary Attachments, Power of Attorney and Declaration of Representative, 2007 Detailed Statements, 2007 Foreign Earned Income Tax Worksheet, and Two Year Comparison records. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, that since his discharged, he worked as a contractor in Iraq, supporting Service members. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier's ability to function in the military environment is significantly impaired. AR 635-200, paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17, unless properly notified of the specific factors in the service that warrant such characterization. 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 "JFV" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-17, Condition, Not a Disability. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFV" 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. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The evidence of record shows the applicant was diagnosed by competent medical authority with a medical condition of an "Adjustment Disorder with Mixed Disturbance of Emotions and Conduct." The medical authority recommended that the applicant who had been recently hospitalized for homocidal ideation with intent and plan, be administratively separated under the provisions of AR 635-200, paragraph 5-17, due to the continued risk of homicidal ideation and behavior when [the applicant was] under stress," and that it was "believed that no treatment available to the [applicant would] sufficiently mitigate the risk for future dangerous behavior." The record further shows that the unit commander subsequently recommended separation under provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of other designated physical or mental condition not amounting to a disability, with a general, under honorable conditions discharge and included in the separation packet, a copy of an Article 15 proceedings. 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 that he was having family issues, such as going through a divorce at the time that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. In consideration of the applicant's post-service accomplishments, the Board can find that his accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant contends he was very depressed at the time of his discharge. A careful review of the available record indicates the applicant's behavioral health issues symptoms existed, and the applicant indicates, indirectly, that his depression was a contributing factor that led to his discharge. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. 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 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 11 December 2019, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the circumstances surrounding the discharge (i.e. post-service diagnoses of OBH). 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 AR20180010373 1