1. Applicant's Name: a. Application Date: 13 December 2018 b. Date Received: 17 December 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The current characterization of service for the period under review is under other than honorable conditions. The applicant requests an upgrade to general (under honorable conditions). The applicant seeks relief contending, in effect, that during the timed period where his AWOL issue took place he was battling a deep depression state. The severity of his depression made his life very difficult in multiple different aspects of his life for several years. After an attempted suicide resulting in a DWI in September of 2011, he attempted to reach out to his unit to explain his situation and ask for assistance on handling his depression but he was informed that it was too late and there was nothing they could do for me. He has since been diagnosed with Bipolar I disorder. Bipolar I disorder, also known as manic-depressive disorder or manic depression is a form of mental illness. Since beginning treatment his entire life has changed, he now has a family and he is attending college. He is requesting a change to remove the dishonorable discharge status. This has been and always will be the biggest regret of his life. His time in the military changed him for the better and he wish back then that he knew what he knows now. Since beginning his treatment he now realizes how his brain was not functioning properly. Now that he is clear, he can reflect and see that while not an excuse, his bipolar depression was the primary factor in the unfortunate handling of himself during that time period. He is asking for a change, not to be upgraded to honorable, but to be upgraded to status that will allow him to access the education benefits that he did qualify for during the time that he was enlisted. In a records review conducted on 13 August 2021, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. Please see Section 9 of this document for more detail regarding the Board's decision. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Unsatisfactory Participation / AR 135- 178 / Chapter 13 / NIF / NIF / Under Other Than Honorable Conditions b. Date of Discharge: 23 March 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 22 November 2011 (2) Basis for Separation: The applicant was informed of the following reasons: for as of 22 November 2011, the applicant had accrued 20 unexcused absences from Army Reserve training assemblies within a one-year period, with missed dates of 16-17 July 2011, 13-14 August 2011, and 29-30 October 2011, without permission and failed to provide a valid excuse for those absences. The action was suspended for 30 days giving the applicant the opportunity to exercise his rights. He was informed to complete the attached endorsement acknowledging receipt of the action and indicating his election of rights. A copy of the memorandum with the completed endorsement was to be delivered to the address shown on the endorsement within 30 days from the date of his receipt of the memorandum of notification. The applicant was told that any statements or documents he desired to submit in his behalf were to reach the commander within 30 calendar days after he received the memorandum, unless he requested and received an extension for good cause shown. Unless an extension was granted, failure to deliver the completed endorsement within 30 calendar days of the date of his receipt of this memorandum would constitute a waiver of his rights. (3) Recommended Characterization: Under Other than Honorable Conditions (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 13 March 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 February 2009 / 8 years b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-3 / 91B10, Wheeled Vehicle Mechanic / 3 years, 1 month, 17 days d. Prior Service / Characterizations: USAR, 7 February 2009 to 13 July 2010 / NA ADT, 14 July 2010 to 22 October 2010 / HD (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Affidavits of Service by Mail Tracking and Confirmations from the United States Postal Service reference documents sent to the applicant. Several negative counseling statements for acts of misconduct (i.e. unexcused absence). i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF; however, documents submitted by the applicant from the Mid Cities Psychiatry make reference to the applicant having been a patient since 2 November 2017 and that the applicant had been diagnosed with and treated for; Bipolar Disorder, in full remission, most recent episode depressed (F31.76), Attention-Deficit Hyperactivity Disorder, combined type (F90.2), and Generalized Anxiety Disorder (F41.1). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; letter from Mid Cities Psychiatry signed by E.G., PA-C; e-mail document with WO1 K.D.W.; enrollment verification certificate to Western Governors University for proof of college enrollment. The letter from the Mid Cities Psychiatry make reference to the applicant having been a patient since 2 November 2017 and that the applicant had been diagnosed with and treated for; Bipolar Disorder, in full remission, most recent episode depressed (F31.76), Attention-Deficit Hyperactivity Disorder, combined type (F90.2), and Generalized Anxiety Disorder (F41.1). 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. STATUTORY, REGULATORY AND POLICY REFERENCE(S): a. Section 1553, Title 10, United States Code (Review of Discharge or Dismissal) provides for the creation, composition, and scope of review conducted by a Discharge Review Board(s) within established governing standards. As amended by Sections 521 and 525 of the National Defense Authorization Act for Fiscal Year 2020, 10 USC 1553 provides 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), Traumatic Brain Injury (TBI), sexual trauma, intimate partner violence (IPV), or spousal abuse, as a basis for discharge review. The amended guidance provides 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, sexual trauma, IPV, or spousal abuse, as a basis for the discharge. Further, the guidance provides that Military Boards for Correction of Military/Naval Records and Discharge Review Boards will develop and provide specialized training specific to sexual trauma, IPV, spousal abuse, as well as the various responses of individuals to trauma. b. Multiple Department of Defense Policy Guidance Memoranda published between 2014 and 2018. The documents are commonly referred to by the signatory authorities' last names (2014 Secretary of Defense Guidance [Hagel memo], 2016 Acting Principal Deputy Under Secretary of Defense for Personnel and Readiness [Carson memo], 2017 Official Performing the Duties of the Under Secretary of Defense for Personnel and Readiness [Kurta memo], and 2018 Under Secretary of Defense for Personnel and Readiness [Wilkie memo]. (1) Individually and collectively, these documents provide further clarification 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. (2) 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. c. Army Regulation 15-180 (Army Discharge Review Board), dated 25 September 2019, sets forth the policies and procedures under which the Army Discharge Review Board is authorized to review the character, reason, and authority of any Service-member discharged from active military service within 15 years of the Service-member's date of discharge. Additionally, it prescribes actions and composition of the Army Discharge Review Board under Public Law 95-126; Section 1553, Title 10 United States Code; and Department of Defense Directive 1332.41 and Instruction 1332.28. d. Army Regulation 135-178 prescribes the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard of the United States (ARNGUS) and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. Readiness is promoted by maintaining high standards of conduct and performance. (1) Paragraph 2-9a prescribes an honorable characterization is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. (2) Paragraph 2-9b, prescribes, if a Soldier's service has been honest and faithful, it is appropriate to characterize that service as general (under honorable conditions). Characterization of service as general (under honorable conditions) is warranted when significant negative aspects of the Soldier's conduct or performance of duty outweigh positive aspects of the Soldier's military record. (3) Paragraph 2-9c, prescribes the service may be characterized as under other than honorable conditions only when discharge is for misconduct, fraudulent entry, unsatisfactory participation, or security reasons, and under other circumstances. (4) Paragraph 2-11a, Service will be described as uncharacterized if separation processing is initiated while a Soldier is in an entry level status. (5) Chapter 3-23 (Section IV), states, if separation proceedings under this chapter have been initiated against a Soldier confined by civil authorities, the case may be processed in the absence of the respondent (6) Chapter 13, provides in pertinent part, that individuals can be separated for being an unsatisfactory participant. Soldier is subject to discharge for unsatisfactory participation when it is determined that the Soldier is unqualified for further military service because: The Soldier is an unsatisfactory participant as prescribed by AR 135-91, chapter 4; Attempts to have the Soldier respond or comply with orders or correspondence. (7) Paragraph 13-3, prescribes the service of Soldiers separated under this chapter will be characterized as honorable or under honorable conditions as determined under chapter 2, section III, unless an uncharacterized description of service is warranted under paragraph 2-11. 8. DISCUSSION OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. The applicant requests an upgrade to general (under honorable conditions). The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant's separation file indicates separation action was initiated against him as a result of him as of 22 November 2011, having accrued 20 unexcused absences from Army Reserve training assemblies within a one-year period, with missed dates of 16-17 July 2011, 13-14 August 2011, and 29-30 October 2011, without permission and failed to provide a valid excuse for those absences. The applicant seeks relief contending that during the timed period where his AWOL issue took place he was battling a deep depression state. The severity of his depression made his life very difficult in multiple different aspects of his life for several years. After an attempted suicide resulted in a DWI in September of 2011, he attempted to reach out to his unit to explain his situation and ask for assistance on handling his depression but he was informed that it was too late and there was nothing they could do for me. He has since been diagnosed with Bipolar I disorder. Bipolar I disorder, also known as manic-depressive disorder or manic depression is a form of mental illness. Since beginning treatment his entire life has changed, he now has a family and he is attending college. He is requesting a change to remove the dishonorable discharge status. This has been and always will be the biggest regret of his life. His time in the military changed him for the better and he wish back then that he knew what he knows now. Since beginning his treatment he now realizes how his brain was not functioning properly. Now that he is clear, he can reflect and see that while not an excuse, his bipolar depression was the primary factor in the unfortunate handling of himself during that time period. He is asking for a change, not to be upgraded to honorable, but to be upgraded to status that will allow him to access the education benefits that he did qualify for during the time that he was enlisted. The applicant's contentions were noted; documents submitted by the applicant from the Mid Cities Psychiatry make reference to the applicant having been a patient since 2 November 2017 and that the applicant had been diagnosed with and treated for; Bipolar Disorder, in full remission, most recent episode depressed (F31.76), Attention-Deficit Hyperactivity Disorder, combined type (F90.2), and Generalized Anxiety Disorder (F41.1). However, the applicant's service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service at the time of discharge. The applicant expressed his desire for a change to his discharge for the purpose of allowing him to access the education benefits that he did qualify for during the time that he was enlisted. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 9. BOARD DISCUSSION AND DETERMINATION: a. As directed by the 2017 memo signed by A.M. Kurta, the board considered the following factors: (1) Did the applicant have a condition or experience that may excuse or mitigate the discharge? YES. The applicant's active duty and VA records are void of behavioral health. However, the applicant submitted a letter stating since 2017, he had been receiving help for Bipolar Disorder, Generalized Anxiety Disorder and ADHD. Additionally, while not medical records, the applicant did submit an email, written the month of separation, noting mental health issues. (2) Did the condition exist or experience occur during military service? YES. The applicant claims that the conditions began to manifest during service. (3) Does the condition or experience actually excuse or mitigate the discharge? YES. The Board Medical Advisor concluded that this type of medical condition might mitigate the missed drills leading to the applicant's discharge. (4) Does the condition or experience outweigh the discharge? No. Despite the ADRB's application of liberal consideration, the Board concluded the applicant's 20 missed drills outweighed the evidence presented of a BH condition at the time of the misconduct. b. Response to Contentions: (1) The applicant seeks relief contending that during the timed period where his AWOL issue took place he was battling a deep depression state. The ADRB considered the emails between the applicant and the S1, as well as six years later, the applicant's 2017 BH diagnosis of Bipolar Disorder, Generalized Anxiety Disorder and ADHD. However, the Board determined after liberally considering all the evidence, that the evidence did not outweigh the applicant's 20 missed drills. (2) The applicant expressed his desire for a change to his discharge for the purpose of allowing him to access the education benefits that he did qualify for during the time that he was enlisted. Eligibility for Veteran's benefits, to include educational benefits under the Post-9/11 or Montgomery GI Bill or healthcare, do not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. c. The Board denied the request upon finding the separation was both proper and equitable. The Board determined that the documentation contained in the AMHRR, as well as evidence submitted by the applicant, and the available medical evidence did not support a finding that the applicant's discharge was improper or inequitable. However, the applicant may request a personal appearance hearing to address the issues before the Board. The applicant is encouraged to submit any further documentation indicating the existence of a medical or behavioral health condition that existed during his time in service. The applicant is responsible for satisfying the burden of proof and providing documents or other evidence sufficient to support the applicant's contention(s) that the discharge was improper or inequitable. d. Rationale for Decision: (1) The Board voted not to change the applicant's characterization of service because, despite applying liberal consideration, the evidence in front of the Board did not outweigh the 20 missed drills. Further, the Board concluded that 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. (2) The Board voted not to change the applicant's reason for discharge or accompanying SPD code under the same pretexts, and the reason the applicant was discharged was both proper and equitable. (3) The RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Separation Order: No b. Change Characterization to: No Change c. Change Reason / SPD Code to: No Change d. Change RE Code to: No Change e. Change Authority to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave AMHRR - Army Military Human Resource Record BCD - Bad Conduct Discharge BH - Behavioral Health CG - Company Grade Article 15 CID - Criminal Investigation Division ELS - Entry Level Status FG - Field Grade Article 15 GD - General Discharge HS - High School HD - Honorable Discharge IADT - Initial Active Duty Training MP - Military Police MST - Military Sexual Trauma N/A - Not applicable NCO - Noncommissioned Officer NIF - Not in File NOS - Not Otherwise Specified OAD - Ordered to Active Duty OBH (I) - Other Behavioral Health (Issues) OMPF - Official Military Personnel File PTSD - Post-Traumatic Stress Disorder RE - Re-entry SCM - Summary Court Martial SPCM - Special Court Martial SPD - Separation Program Designator TBI - Traumatic Brain Injury UNC - Uncharacterized Discharge UOTHC - Under Other Than Honorable Conditions VA - Department of Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20190001489 1