1. Applicant's Name: a. Application Date: 16 October 2018 b. Date Received: 21 November 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 effect, that AR 635-200, paragraph 4-2b, show that aliens who enlisted in the Regular Army for three years will not be separated before the full period for which enlisted purely as a matter of convenience. The exception is provided in paragraph 5-2. If performance or conduct does not justify retention the Soldier will be processed form separation under the appropriate chapter of this regulation. The applicant believes the discharge was not effective because the applicant did not sign the DD Form 214 and a discharge certificate was not issued. 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 mixed disturbance of emotions and conduct and Personality Disorder. The applicant's VA records only contain DoD content. 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 28 August 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's circumstances surrounding the discharge (i.e. in-service diagnosis of OBH). Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 5-17, and the narrative reason for separation to Condition, Not a Disability, with a corresponding separation code to JFV. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Personality Disorder / AR 635-200, Paragraph 5-13 / JFX / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 25 April 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 April 2018 (2) Basis for Separation: The applicant was informed of the following reasons: for Being disrespectful in language and deportment towards SGT D.H., by saying to her "I will not go to at-ease until SPC Lee and SPC Cooper are also at the position," or words to that effect and by continuing to interrupt and speak over her while she was questioning another Soldier about a dispute he had; Disobeying a lawful order from SGT D.H., to stand at the position of parade rest when being questioned about a dispute he had with a fellow Soldier on 10 January 2018; Disobeying a lawful order from SFC T. C., to wear the proper rank of Specialist on his uniform on 19 January 2018; Disobeying a lawful order from SFC T. C., to complete his Government Travel Card online certificate on 2 February 2018; Assaulting PV2 B.C., by pushing him with his hands on 14 March 2018; Disobeying a lawful order from MAJ E.H., her, not exiting the officer, and continuing to text on his cellphone on 12 March 2018; Disobeying a lawful order from CPT M.B., by refusing to exit the building on 12 March 2018; Being disrespectful in deportment towards SFC T.C., a noncommissioned officer, then known by his to be a noncommissioned officer, by refusing to stand at the position of parade rest and failing to address his as Sergeant when speaking to him on 19 March 2018; Being disrespectful in language towards SGT J.B., a noncommissioned officer, then known by him to be a noncommissioned officer, who was then in the execution of his office, by saying to him, "you cannot tell me what to do because you do not have the authority," or words to that effect on 22 March 2018; Disobeying a lawful order from SGT J.B., to move to the position of attention to correct a deficiency, an order with was his duty to obey on 22 March 2018; Disobeying a lawful order from 1SG R.L., to completed his SSD1 training, an order which was his duty to obey, did, on or 22 March 2018, failed to obey the same by refusing and saying, "I will not complete it because I do not feel I need to do so," or words to that effect; and Violating Article 86, UCMJ on eight separate occasions, to wit: 25 January 2018, 21 February 2018, 6 March 2018, 7 March 2018, 18 March 2018, 20 March 2018, 18 March 2018, and 22 March 2018. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 5 April 2018 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 17 April 2018 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 May 2017 / 3 years, 25 weeks b. Age at Enlistment / Education / GT Score: 25 / Baccalaureate Degree / 124 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91B10, Wheeled Vehicle Mechanic / 11 months, 10 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: Law Enforcement Report, dated 16 March 2018, which shows the applicant was the subject of investigation for assaulting another Soldier. FG Article 15, dated 17 April 2018, for disobeying a lawful order from 1SG R.L., a noncommissioned officer to complete his Structured Self Development Level 1 training which he willfully disobeyed on or about 22 March 2018 and was disrespectful in language towards SGT J.B., a noncommissioned officer by saying to him "you cannot tell me what to do because you do not have the authority," or words to that effect on 22 March 2018. The document makes reference to a continuation sheet; however, a continuation sheet was not found in the file. The punishment consisted of reduction to E-1. Several negative counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 12 February 2018, shows the applicant was diagnosed with unspecified personality disorder, OCPD Traits. It was noted that at the time the applicant appeared to meet criteria for unspecified personality disorder, OCPD Traits. He was not fit for duty in the Army and it was recommended that a Chapter 5-13 be initiated. The applicant was deemed cleared for any administrative or judicial actions deemed appropriate by his command. The applicant was responsible for his behavior, could distinguish right from wrong, and possessed sufficient mental capacity to understand and participate in any administrative or judicial proceedings. It was also noted that he should have been subject to the normal channels of counseling and discipline, including UCMJ actions if warranted, for his misconduct. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 149; extracts from AR 600-20 Chapter 4 and AR 635-200, Chapter 5; and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-13 in effect at the time, provided that a Soldier may be separated for a personality disorder, not amounting to disability, when the condition interfered with assignment to or performance of duty. The regulation requires that the condition is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier's ability to perform military duties. The regulation also directs that commanders will not take action prescribed in this Chapter in lieu of disciplinary action and requires that the disorder is so severe that the Soldier's ability to function in the military environment is significantly impaired. Army policy requires the award of a fully honorable discharge in such case. Characterization of service under honorable conditions may be awarded to a Soldier who has been convicted of an offense by general court-martial or who has been convicted by more than one special court-martial in the current enlistment, period of obligated service, or any extension thereof. 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 record of service, the issues and documents submitted with his application were carefully reviewed. After a careful review of all the applicant's military records for the period of enlistment under review and the issues and documents submitted by the applicant it appears the characterization of service is improper. The evidence of record confirms that the applicant was discharged under the provision of Chapter 5-13, AR 635-200, by reason of a personality disorder with a general (under honorable conditions) discharge. However, Army Regulation 635-200, Chapter 5, paragraph 5-13, states that the service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required under chapter 3, Section II. Characterization of service under honorable conditions may be awarded to a Soldier who has been convicted or an offense by general court-martial or who has been convicted by more than one special court martial in the current enlistment, period of obligated service, or any extension thereof. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 28 August 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's circumstances surrounding the discharge (i.e. in-service diagnosis of OBH). Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 5-17, and the narrative reason for separation to Condition, Not a Disability, with a corresponding separation code to JFV. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Condition, Not a Disability d. Change Authority to: AR 635-200, paragraph 5-17 e. Change SPD / RE Code to: JFV / 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 AR20180016660 5