1. Applicant's Name: a. Application Date: 16 December 2018 b. Date Received: 20 December 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 to medical. The applicant seeks relief contending, in effect, the unit was less that forthcoming in the discharge paperwork to discharge the applicant with a general discharge; alleging the applicant was not being treated for mental illness that would result in a medical discharge. The applicant was never AWOL, only late for work. The applicant suffered from manic depression which was brought out by military service and worsened due to harassment by unit leaders, while seeking mental health assistance, resulting in a non-deployable status. The applicant served a total of 5 years, 1 month and was forced out for showing up late just three times. The unit showed no care or regard for the applicant's mental health and punished the applicant for it. The applicant is 70 percent service connected for bipolar manic depression. The applicant attempted suicide which was found, "In the line of duty." The applicant was hospitalized multiple times related to mental health and punished for incidents directly caused by the mental health status. The chain of command refused to recognize the applicant's inability to Soldier in a manner fit for service; instead they said the applicant was fit for duty, deployable, and able to be discharged from military service without any regard to an actual mental health status and ongoing treatment. The applicant was neglected and mentally abused by the chain of command. 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 ADHD, Adjustment Disorder, Alcohol Abuse, Brief Psychotic Disorder, Chronic PTSD, Dependent Personality Disorder, Impulse Control Disorder, Nicotine Dependence, Alcohol Dependence, Bipolar Disorder, Dysthymic Disorder, and Psychosis. The applicant is 70% service-connected for Bipolar Disorder from the VA. In summary, the applicant has 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 20 March 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. in-service and post- service diagnoses of PTSD and OBHI), a prior period of honorable service, and post-service accomplishments. 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 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 1. (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: 23 January 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 December 2011 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he was tried before a Summary Court-Martial for failing to report to his appointed place of duty on numerous occasions. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 13 October 2011 (5) Administrative Separation Board: The applicant voluntarily offered to plead guilty. As part of this offer, he conditionally waived any right he had to an administrative separation board based on the misconduct to which he pled guilty, in exchange for receiving no worse than a general (under honorable conditions) discharge. (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 April 2010 / 3 years b. Age at Enlistment / Education / GT Score: 21 years / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B1P, Infantryman / 5 years, 5 months, 13 days d. Prior Service / Characterizations: RA, 27 July 2006 to 9 April 2010 / HD e. Overseas Service / Combat Service: SWA / Iraq, 17 August 2008 to 8 August 2009 f. Awards and Decorations: ARCOM, AGCM, NDSM, ICM-CS, GWOTSM, ASR, MUC g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Summary Court-Martial, dated 14 December 2011, applicant was found guilty of the following offenses: without authority, fail to go at the time prescribed to his appointed place of duty x3 (6 July 2011, 7 July 2011 and 7 July 2011). He was sentenced to reduction to PVT / E-1, forfeiture of $978.40 and confinement for 17 days. The record contains an unexecuted FG Article 15. i. Lost Time / Mode of Return: Military confinement for 13 days, 14 December 2011 to 27 December 2011. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 15 August 201, relates the applicant had an Axis I diagnosis of occupational problems. He was screened for PTSD and TBI, both screens were negative. There was no evidence of an emotional or mental disorder of psychiatric significance at that time to warrants disposition through medical channels. He was psychiatrically cleared for any administrative action deemed appropriate by command, including administrative discharge. VA rated disabilities, undated, shows the applicant was diagnosed with unspecified bipolar and related disorder (now claimed as manic depressive reaction, anxiety condition, psychotic depressive reaction, paranoid reaction, mental disorder related to PTSD). He was granted an evaluation of 70 percent disabling, effective 28 March 2016. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages), dated 16 December 2018; applicant's sworn statement; disabilities document; DD Form 293 (two pages); eBenefits documents (two pages); DD Form 293 (two pages), dated 8 January 2019; VA letter, summary of benefits (two pages); unofficial transcript (six pages); two Red Cross Certificates of completion; AMHRR documents (89 pages) which includes line of duty documentations; VA service connected documentation and health records. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states in his application, dated 8 January 2019, post service he completed his Associate in Arts degree and have over 100 credit hours of schooling and working towards a degree in Paralegal Studies. In 2014, he became a nationally certified Emergency Medical Responder and worked as a professional lifeguard and rescuer for multiple organizations. In 2017, he was hired to manage at $3million dollar water park and oversee a staff of up to 30 people. 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 to medical. 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 to medical. 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 unit was less that forthcoming in his discharge paperwork to discharge him with a general discharge; alleging he was not being treated for mental illness that would result in a medical discharge. 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 further contends, he was never AWOL, only late for work. The record of evidence shows that the failed to report to his place of duty on several times. Any failure by a member of the of the United States Armed Forces to appear before his unit, organization or place of duty at the prescribed time and without authority will be subject to Article 86 of the UCMJ, absent without leave. The applicant also contends, he suffered from manic depression which was brought out by his military service and worsened due to harassment by his unit leaders, while seeking mental health assistance, resulting in his non-deployable status; and he is 70 percent service connected for bipolar manic depression. VA document shows the applicant was diagnosed with unspecified bipolar and related disorder (now claimed as manic depressive reaction, anxiety condition, psychotic depressive reaction, paranoid reaction, mental disorder related to PTSD). He was granted an evaluation of 70 percent disabling, effective 28 March 2016. Although the applicant alleges that he was a victim of harassment during his military service, there is no evidence in his military records and the applicant has not provided sufficient evidence supporting this contention. Therefore, this argument is not sufficient to support his request for an upgrade of his discharge. The applicant additionally contends, he served a total of 5 years, 1 month and was forced out for showing up late just three times; and his unit showed no care or regard for his mental health and punished him for it; he was hospitalized multiple times related to his mental health and punished for incidents directly caused by his mental health status; and is chain of command refused to recognize his inability to Soldier in a manner fit for service; instead they said he was fit for duty, deployable, and able to be discharged from military service without any regard to his actual mental health status and ongoing treatment. 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 attempted suicide which was found, "In the line of duty." The record of evidence, line of duty investigation dated 29 July 2010, substantiates the applicant's contention. Lastly, the applicant contends, he was neglected and mentally abused by his chain of command. 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 neglected and mentally abused by his chain of command. 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 20 March 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of PTSD and OBHI), a prior period of honorable service, and post-service accomplishments. 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 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 1. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, paragraph 5-3 e. Change SPD / RE Code to: JFF / RE-1 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 AR20190000998 1