1. Applicant's Name: a. Application Date: 27 August 2018 b. Date Received: 27 August 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 entry level separation. The applicant seeks relief contending, in effect, that the discharge was improper because the applicant was never properly treated for mental health issues, which the applicant now receives VA disability for. The applicant was always a hard working individual and always performed in a professional manner. 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 and Depression. The applicant is 30% service-connected for Major Depressive Disorder from the VA. The VA has also diagnosed the applicant with Major Depressive Disorder, mild, Unspecified Anxiety Disorder, and Childhood-Onset Fluency Disorder. 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 26 July 2019, 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 12 March 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 31 January 2014 (2) Basis for Separation: The applicant was informed of the following reasons: On numerous occasions between 20 March 2012 and 1 October 2013, he failed to go to his appointed place of duty at the time prescribed; and Between 1 May 2013 and 8 May 2013, he failed to obey a lawful order from SGT F.P., and SGT R.H., both noncommissioned officers. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 3 February 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 27 February 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 May 2011 / 5 years, 38 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 88 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25B1P, IT Specialist / 2 years, 9 months, 12 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 16 May 2013, for failing to go at the time prescribed to his appointed place of duty on 12 March 2012, 4 April 2012, 20 May 2012, 3 May 2013, and 13 June 2013, and disobeying a lawful order from a noncommissioned officer on 8 May 2013. The punishment consisted of reduction to E-3 (suspended), forfeiture of $417 pay (suspended), and extra duty and restriction for 14 days. Record of Supplementary Action Under Article 15, UCMJ, dated 10 June 2013, vacated the suspension of reduction toe E-3 and forfeiture of $417 imposed on 16 May 2013. The vacation was based on the applicant having without authority failed to go at the time prescribed to his appointed place of duty on 10 June 2013. Several negative counseling statements for various acts of misconduct and performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 30 October 2013, shows the applicant could understand and participate in administrative proceedings and could appreciate the difference between right and wrong. It was noted that there was no evidence of an emotional or mental disorder of psychiatric significance at that time to warrant disposition through medical channels; therefor, he was psychiatrically cleared for any administrative action deemed appropriated by his command, including administrative discharge. Chronological Records of Medical Care, dated between 26 September 2013 and 19 February 2014, show the applicant had chronic problems with adjustment disorder with anxiety and depressed mood. It was noted that the applicant was in the presence of social support, problems-solving skills, history of coping skills, and active participating in treatment. The applicant had a history of feeling depressed, one episode of crying uncontrollable, racing thoughts, anxiousness, and difficulty falling asleep, staying asleep, nightmares, and difficulty waking in the morning. Primary insomnia was considered as he had reported that sleep symptoms for over a year. However, because he reported that the other symptoms began after he was told he was being chaptered out for a pattern of misconduct. Adjustment D/O was more appropriated. These symptoms had returned as he was anxious about the charges related to his getting out of the military. Department of Veterans Affairs document submitted by the applicant, dated 31 July 2018, show he has been awarded 30 percent service connected disability for acquired psychiatric condition to include major depressive disorder, unspecified anxiety disorder, and child onset fluency disorder (claimed as insomnia, adjustment disorder, anxiety, depressed moos, and stuttering). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; documentation from therapy while on active duty; and VA Disability Rating Letter. The document submitted by the applicant from the Department of Veterans Affairs show the applicant has been awarded 30 percent service connected disability for acquired psychiatric condition to include major depressive disorder, unspecified anxiety disorder, and child onset fluency disorder (claimed as insomnia, adjustment disorder, anxiety, depressed moos, and stuttering). 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 14-12b 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, and pattern of 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 his general (under honorable conditions) discharge to honorable and a change to his narrative reason for discharge to entry level 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. 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 she should have been retained on Active duty. The applicant was separated under the provisions of Chapter 14, paragraph 14-12b, AR 635- 200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct," and the separation code is "JKA." 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 improper because he was never properly treated for mental health issues, which he now receives VA disability for. He was always a hard working individual and always performed in a professional manner. 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 improper because he was never properly treated for mental health issues. In fact, evidence in the records submitted by the applicant shows the applicant had chronic problems with adjustment disorder with anxiety and depressed mood. It was noted that the applicant was in the presence of social support, problems-solving skills, history of coping skills, and active participating in treatment. The applicant had a history of feeling depressed, one episode of crying uncontrollable, racing thoughts, anxiousness, and difficulty falling asleep, staying asleep, nightmares, and difficulty waking in the morning. Primary insomnia was considered as he had reported that sleep symptoms for over a year. However, because he reported that the other symptoms began after he was told he was being chaptered out for a pattern of misconduct. Adjustment D/O was more appropriated. These symptoms had returned as he was anxious about the charges related to his getting out of the military. The applicant's statements alone does not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. The fact the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. 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 the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 26 July 2019, 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 / Issue a New 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 AR20180015836 1