1. Applicant's Name: a. Application Date: 14 June 2018 b. Date Received: 18 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 and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he wanted to serve but a mental illness he was not aware of until years later caused him to be unable to blindly follow directions. He was diagnosed with oppositional defiant disorder as a juvenile. He was unable to complete AIT and refused a Military Occupational Specialty (MOS) change of his choice. His desire to serve turned to fear and resentment for his superiors for not allowing him to choose a new MOS. He wants to use his upgraded discharge to secure a career. 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. The applicant is not service-connected from the VA. In summary, the applicant does not have 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 4 December 2020, 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 (AWOL) / AR 635-200, Paragraph 14-12c(1) / JKD / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 20 October 2009 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 1 October 2009 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he was AWOL (14 August 2009 to 22 August 2009); he failed to be at his appointed place of duty on numerous occasions; and he violated Texas State Law by consuming alcohol while under the legal drinking age on two separate occasions. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 3 October 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 October 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 February 2009 / 4 years b. Age at Enlistment / Education / GT Score: 19 years / GED Certificate / 116 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 8 months, 7 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Summarized Article 15, dated 21 May 2009, for having knowledge of a lawful order issued by LTC J.P.L., an order which it was his duty to obey, did fail to obey the same by wrongfully drinking alcohol while under the legal drinking age (16 May 2009); extra duty and restriction for 7 days. Military Police Report, dated 5 July 2009, revealed the applicant was under investigation for conduct unbecoming (drinking underage), drunk and disorderly, on post. Military Police Report, dated 16 July 2009, reflected the applicant was under investigation for conduct unbecoming (drinking underage), fail to obey order or regulation (consumption of alcohol by IET student), on post. FG Article 15, dated 14 September 2009, for without authority, absented himself from his unit x2 (6 July 2009 to 7 July 2009) and (14 August 2009 to 22 August 2009); without authority, failed to go at the time prescribed to his appointed place of duty x2 (5 July 2009 and 5 July 2009); as a minor under the age of 21 years, consume an alcoholic beverage x2, in violation of Title 4, Chapter 106, Section 106.04 of the Texas Alcoholic Beverage Code, assimilated into federal law by Title 18, United States Code, Section 13 (16 July 2009); as a minor under the age of 21 years, consume an alcoholic beverage, in violation of Title 4, Chapter 106, Section 106.04 of the Texas Alcoholic Beverage Code, assimilated into federal law by Title 18, United States Code, Section 13, which conduct was of a nature to bring discredit upon the armed forces (5 July 2009); and disorderly which conduct was prejudicial to the good order and discipline of the armed forces (5 July 2009); reduction to PVT / E-1, forfeiture of $699 pay for two months, extra duty and restriction for 45 days and an oral reprimand. The applicant received several negative counseling statements for various acts of misconduct and notification of pending separation action. i. Lost Time / Mode of Return: AWOL x2 for 11 days, 6 July 2009 to 7 July 2009 for 2 days, mode of return unknown and 14 August 2009 to 22 August 2009, returned to unit. j. Diagnosed PTSD / TBI / Behavioral Health: Chronological Record of Medical Care, dated 9 September 2009, relates the applicant was diagnosed with alcohol abuse and an adjustment disorder with mixed emotional features. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages). 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 "JKF" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter, paragraph 14-12c(1), misconduct (desertion). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKF" 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 the characterization of service from under other than honorable conditions to honorable and a change to the narrative reason for separation. The applicant's record of service and the issues 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 misconduct (awol), 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 requests a change to the narrative reason for separation. 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 "JKF" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c(1) misconduct (awol). The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, he wanted to serve but a mental illness he was not aware of until years later caused him to be unable to blindly follow directions; he was diagnosed with oppositional defiant disorder as a juvenile. The record of medical evidence shows the applicant was with alcohol abuse and an adjustment disorder with mixed emotional features. The service record contains no evidence of an oppositional defiant disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant further contends, he was unable to complete AIT and refused a Military Occupational Specialty (MOS) change of his choice. 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 he was unable to complete AIT and refused an MOS change. The applicant also contends, his desire to serve turned to fear and resentment for his superiors for not allowing him to choose a new MOS. 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 applicant additionally contends, he wants to use his upgraded discharge to secure a career. 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 4 December 2020, 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 AR20180011456 1