1. Applicant's Name: a. Application Date: 15 May 2018 b. Date Received: 12 July 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, his discharge was based on a mental health related incident and his unit failed to help him. His continued severe depression led to him going AWOL to seek help. Prior to his discharge, he was going through major depression compounded by the fact that he was alone with all his family in Africa. 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. Post-service, he is 30% service connected for Generalized Anxiety Disorder (GAD). While liberal consideration was applied, Adjustment Disorder and GAD do not mitigate an AWOL. In a records review conducted at Arlington, VA on 22 January 2021, 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 29 April 2016 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 19 April 2016 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he absented himself from his unit (29 December 2015 to 11 March 2016). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 21 April 2016, applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 21 April 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 February 2014 / 6 years b. Age at Enlistment / Education / GT Score: 28 / BA Degree / 129 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68C10, Practical Nurse Specialist / 2 years, 27 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 30 March 2016, for without authority, absented himself from his unit (29 December 2015 to 11 March 2016); disrespectful in language and deportment toward SSG H., a superior noncommissioned officer, who was then in the execution of her office, by saying to her, "not to cross the line" and "I'm not scared of you Americans," or words to that effect and by refusing to stand at parade rest (12 August 2015); and having knowledge of a lawful order issued by SSG J.M., to stand up and go to parade rest, an order which it his duty to obey, did fail to obey the same by not going to the position of parade rest (17 November 2015); reduction to PV2 / E-2, forfeiture of $878 pay for two months (suspended), extra duty and restriction for 45 days. The applicant received several negative counseling statements for various acts of misconduct; and debt repayment. i. Lost Time / Mode of Return: AWOL for 73 days, 29 December 2015 to 11 March 2016; returned to unit. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 15 March 2016, revealed the applicant had an Axis I diagnosis of adjustment disorder. There was no evidence of psychosis or other significant psychiatric illness. He met retention standards for psychiatric conditions in accordance with AR 40-501 and was cleared for administrative separation under Chapter 14-12 or 13 of AR 625-200. VA Progress Notes, dated 3 July 2017, reflects the applicant had an Axis I diagnosis of an unspecified anxiety disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); Report of Medical History (two pages); self-authored statement; and (18 pages). 6. POST SERVICE ACCOMPLISHMENTS: The applicant states he was employed at the Santa Rosa Veterans Hospital as a Vocational Nurse. His Goal return to college and complete his Bachelor of Science Degree and become Registered Nurse at the VA. 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 the characterization of service from general (under honorable conditions) to honorable. 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 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. By the documented misconduct (serious offense), the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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 seeks relief contending, his discharge was based on a mental health related incident and his unit failed to help him. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his discharge was based a mental health related incident. Further, the record of evidence does not demonstrate that he sought relief from through his command or the numerous Army community services like the Chaplain, Community Counseling Center, and other medical resources available to all Soldiers. The applicant also contends, his continued severe depression led to him going AWOL to seek help. The service record contains no evidence of a diagnosis depression and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. Moreover, 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. The applicant additionally contends, prior to his discharge, he was going through major depression compounded by the fact that he was alone with all his family in Africa. The record of evidence shows that on 15 March 2016, the applicant underwent a mental status evaluation which indicates he had an Axis I diagnosis of adjustment disorder. He met retention standards for psychiatric conditions in accordance with AR 40-501 and was cleared for administrative separation under Chapter 14-12 or 13 of AR 625-200. Furthermore, VA progress notes dated, 3 July 2017, relates the applicant had an Axis I diagnosis of an unspecified anxiety disorder. 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 January 2021, 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 / 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 AR20180010700 1