1. Applicant's Name: a. Application Date: 30 August 2018 b. Date Received: 31 August 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, his MEB should have taken precedence over his chapter and the evidence that did not support a pattern of misconduct. He received an Article 15 for alleged assault in which he provided adequate documents supporting his innocence; which his MEB for mental health issues were completely disregarded. His counseling and rehabilitation requirements were not present. There was no response to his filed Article 138 due to unfair treatment within command. He sought psychiatric assistance for anxiety depression, PTSD, anger, sleep insomnia, and severe stress stemming from his previous profession and his current military occupation. 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 anxiety and depressed mood; Adjustment Disorder; Alcohol Abuse; Anxiety Disorder, unspecified; Bipolar Disorder, unspecified; Dysthymic Disorder; Major Depressive Disorder, recurrent, severe w/o psychotic features. VA medical records indicate that the applicant is 100% service connected, 70% for PTSD, combat related. The VA has also diagnosed him with Bipolar II Disorder; Borderline PD; ADHD; Cannabis Use; Anxiety DO, unspecified. Based on the available information and in accordance with the Liberal Consideration guidelines, it is the opinion of the medical advisor that the applicant has a BH condition which mitigates some of his misconduct. In a records review conducted at Arlington, VA on 10 February 2021, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's quality of service, to include combat service, and the circumstances surrounding the discharge (OBHI diagnosis), Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 15 June 2018 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 12 April 2018 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he failed to go at the time prescribed to his appointed place of duty (26 September 2017); he made a false official statement to M.A.S., that he and a battle buddy had a combative exchange (7 November 2017); he communicated to SPC T.J., a threat that he was going to shoot and kill him (7 November 2017); he unlawfully struck SPC T.J., in the face with his fists (7 November 2017); and he got into verbal altercations at the Basic Leaders Course and he repeatedly fell asleep during the Basic Leaders Course classes between (20 September 2017 and 19 October 2017). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 26 April 2018 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 1 June 2018 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 August 2017 / 3 years b. Age at Enlistment / Education / GT Score: 26 / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25B10, Information Technology Specialist / 5 years, 3 months, 11 days d. Prior Service / Characterizations: RA, 5 March 2013 to 8 August 2017 / HD e. Overseas Service / Combat Service: Korea / SWA / Qatar, 21 August 2015 to 9 August 2016 f. Awards and Decorations: ARCOM, AAM-2, AGCM, NDSM, GWOTSEM, GWOTSM, KDSM, ASR, OSR-2, MOVSM, ASUA g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 4 January 2018, for he unlawfully striking SPC T.J., in the face with his fists (7 November 2017); wrongfully communicate to SPC T.J., a threat to shoot and kill him, being prejudicial to good order and discipline in the armed forces and being of a nature to bring discredit upon the armed forces (7 November 2017); with intent to deceive, make to M.A.S., an official statement "me and a battle buddy had a combatives exchange (friendly)," which statement was totally false and then known by him to be so false (7 November 2017); and without authority, fail to go at the time prescribed to his appointed place of duty (26 September 2017); reduction to PV2 / E-2, forfeiture of $918 pay for two months (suspended) and extra duty for 30 days. The applicant received numerous negative counseling statements for various acts of misconduct; and being recommended for separation in accordance with AR 635-200. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 12 March 2018, revealed the applicant had an Axis I diagnosis of major depressive disorder, recurrent, moderate. There was evidence of an emotional or mental disorder of psychiatric significance at the time, and he was found unfit for duty in a medical evaluation board in accordance with AR 40-501. He had no other diagnosis of major mental illness that would require or constitute a matter of extenuation for the basis of administrative separation. Therefore, final determination must be made by the GCMCA in accordance with ALARACT 059 / 2017. The applicant was screened for TBI. He met medical retention standards in accordance with AR 40-50 I, as there were no residual symptoms present that could be directly attributed to the concussion (as per instruments outlined in OTSG / MEDCOM Policy Memo 16-118). The service member does not have residual symptoms directly attributed to the concussion that would require or constitute a matter of extenuation for the basis of administrative separation. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); memorandum for record, personal statement to be considered with Chapter 14-12b (two pages); memorandum for record, request redress under Article 138 (two pages); memorandum for record, rebuttal for bar to continue service and personal account for applicant (seven pages); memorandum for record, request for clemency (two pages); memorandum for record, applicant's counseling session; six Developmental Counseling Forms; four statements of suspect / witness / complaint (nine pages); Incident Report (seven pages); sworn statement (two pages); and a memorandum for record, documentation regarding medical / personnel concerns.9 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 Army allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. Paragraph 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 14-12b, misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" 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 general (under honorable conditions) to honorable and a change to the narrative reason for separation. 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 pattern of misconduct, 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, misconduct. The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, his MEB should have taken precedence over his chapter and the evidence that did not support a pattern of misconduct. Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. The applicant's documented numerous negative counseling statements, non-judicial punishment and his UCMJ violations constitute a pattern of misconduct. The applicant further contends, he received an Article 15 for alleged assault in which he provided adequate documents supporting his innocence; which his MEB for mental health issues were completely disregarded. The record of evidence shows that on 12 March 2018, the applicant underwent a mental status evaluation which indicates he was had an Axis I diagnosis of major depressive disorder, recurrent, moderate. There was evidence of an emotional or mental disorder of psychiatric significance at the time, and he was found unfit for duty in a medical evaluation board in accordance with AR 40-501. The applicant also contends, his counseling and rehabilitation requirements were not present. The record of evidence contained numerous negative counseling statements for various acts of misconduct. Further, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements states, the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. After carefully reviewing the applicant's discharge packet, the separation authority properly waived the rehabilitative requirements. Moreover, the evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. The applicant additionally contends, there was no response to his filed Article 138 due to unfair treatment within command. 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. Lastly, the applicant contends, he sought psychiatric assistance for anxiety, depression, PTSD, anger, sleep insomnia, and severe stress stemming from his previous profession and his current military occupation. The service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. Furthermore, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Community Counseling Center and other medical resources available to all Soldiers. 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 10 February 2021, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's quality of service, to include combat service, and the circumstances surrounding the discharge (OBHI diagnosis), Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, paragraph 14-12a e. Change SPD / RE Code to: JKN / 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 AR20180012522 6