1. Applicant's Name: a. Application Date: 9 January 2019 b. Date Received: 28 January 2019 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, was an immature and sick 17 year old boy upon joining the Army. The applicant should have been given mental health treatment and discharged based on a life-threatening mental illness of Depressive Disorder, Persistent Depressive Disorder, and Panic Disorder. Unbeknownst to the applicant, the applicant was seriously mentally ill with these disorders upon joining the Army. The Army should have discovered the mental illness during screening, in processing and even after. The stress of Army infantry training, Jump school, and Army life triggered and significantly worsened the debilitating mental illness condition of Major Depressive Disorder and Persistent Depressive Disorder. The applicant was not provided mental health treatment despite the fact that the applicant had a civilian medical record and elementary and high school record reflecting the applicant suffered as a child from serious anxiety and quit high school for anxiety. Despite the fact that the applicant answered on the Report of Medical History with information, which were clear and loud warnings of mental illness and clear evidence of the need for mental health treatment. The Army did not improve the chances of corrective action, mental health or chaplain assistance, and retention through written counseling. The applicant was terrified and suffering from major panic and major depression. The applicant was not competent to waive an administrative separation board, as the applicant's very life depended on getting out of the Army as soon as possible and at any cost. The applicant states, the Army failed to connect the high IQ and highest possible test scores; civilian school high grades; anxiety; quitting school; and, a record of excellent behavior as a civilian and Soldier, prior to AWOL, with a mental condition. Manic depression distorts moods and thoughts, incites dreadful behaviors and destroys the basis of rational thought. The applicant's mental health disease eroded the desire and will to live and forced the applicant to do anything, including accepting a court martial and a less than honorable discharge. The applicant is still mentally ill with depression, anxiety, fear, panic attacks, and suicidal thoughts and is totally disabled and not able to attend a hearing on this matter of the greatest importance to the applicant and family. Since 2008, the applicant has been disabled because of the terrible disorders and continues to suffer terribly from its devastating and life threatening results. The applicant regrets joining the Army and not being mentally well enough to finish the enlistment. The applicant did the best to be a good Soldier and hid the debilitating depression and anxiety for as long as possible from family and the Army. The applicant thought it was possible to deal with the disorders individually, but it turned out that the applicant could not deal with these horrible disorders and has not been able to deal with it since completion of jump school. The applicant is a patriot and is very proud of the uncle's distinguished and selfless Army service and grandfather's selfless and brave WWII service. The applicant wishes to have been able to be a successful and career Soldier, but this disease would not let the applicant. The applicant's serious mental health disorders have wrecked life, brought the applicant constant unhappiness, fear, anxiety, panic attacks, extreme poverty, complete dependence on the applicant's poor and unhealthy mother, and frequent thoughts of suicide. The applicant states, a mental health doctor has 12 years of successful experience working as VA psychiatrist and more than ten years as a highly regarded civilian doctor. The doctor has been treating the applicant pro bono, but the doctor is retiring in 11 months and has told the applicant that the applicant desperately needs VA mental health care and that the applicant is totally disabled from the disorders. The applicant further details contentions in an allied brief from his counsel. 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 Major Depressive Disorder, Persistent Depressive Disorder and Panic Disorder. The applicant provided civilian documentation with diagnoses of Major Depressive Disorder, Persistent Depressive Disorder, and Panic Disorder. VA records only contain DoD content. In summary, the applicant had 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 12 August 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of OBH). Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to general under honorable conditions and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 24 July 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 June 2009 (2) Basis for Separation: The applicant was informed of the following reasons: He went AWOL from on or about 5 March 2008 until on or about 4 August 2008. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 17 June 2009 (5) Administrative Separation Board: On 17 June 2009, the applicant unconditionally waived consideration of his case before an administrative separation board. (6) Separation Decision Date / Characterization: 2 July 2009 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 September 2007 / 4 years, 18 weeks b. Age at Enlistment / Education / GT Score: 17 / GED / 126 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B1P, Infantryman / 1 year, 4 months, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 18 August 2008, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. Charge Sheet, dated 23 February 2009, reflects the applicant was charged with violation of the UCMJ, Article 86, for without authority absent himself from his unit between 5 March and 4 August 2008. Offer To Plead Guilty, dated 3 March 2009, reflects in exchange for his offer to plead guilty, the Convening Authority agrees: to refer his case to a Summary Court Martial and chapter the applicant out of the Army upon completion of his sentence. Record of Trial by Summary Court-Martial, dated 25 March 2009,reflects the applicant plead guilty to violation of the UCMJ, Article 86, for without authority absent himself from his unit between 5 March and 4 August 2008. The applicant was found guilty and sentenced to: reduction to E-2 and 15 days confinement. Four Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 5 March 2008; From "AWOL" to "PDY," effective 5 August 2008; From "PDY" to "Confinement," effective 25 March 2009; From "Confinement" to "PDY," effective 6 April 2009; i. Lost Time / Mode of Return: 163 days AWOL, 5 March 2008 - 4 August 2008 / NIF Confinement, 25 March 2009 - 5 April 2009 / Released from Confinement j. Diagnosed PTSD / TBI / Behavioral Health: Hospital Summary, Medical University of South Carolina, dated 30 August 2014, which reflects the applicant was diagnosed with: Major Depressive Disorder, Recurrent; and, Suicidal Ideation and Environmental Allergies. Letter of support, dated 5 November 2018, from Dr. J. Z., supports the applicant's request for an upgrade based on his certainty that the applicant's Major Depressive Disorder and Persistent Depressive Disorder, were the major contributing factors for the applicant's behavior, which led to his discharge. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application; Counsel's biography; Criminal History report; Curriculum Vitae; Counsel's email addressing the applicant's mental illness and GED scores; Counsel's email addressing a recorded YouTube video; Counsel's email addressing questions and answers from J. A., MD; three letters of support; Social Security Administration Notice of Decision; and, an email describing the applicant's documented medications. 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 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 under other than honorable conditions discharge to general (under honorable conditions). The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that 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 he should have been retained on Active Duty. The applicant contends that he was young and immature at the time. The record confirms the applicant's youth at the time of enlistment and an apparent lack of maturity. The record also shows the applicant's discrediting entries were incidents of a minor nature. While the applicant's misconduct and poor duty performance were a clear departure from acceptable Army standards, it appears the offenses were partially mitigated by youth and immaturity. The applicant contends has been diagnosed with Major Depressive Disorder and Persistent Depressive Disorder post-service, which during his service were untreated and affected his behavior and led to his discharge. However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record reflects that on 18 August 2008, the applicant underwent a mental status evaluation which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong as indicated by the mental status evaluation. The applicant contends the Army failed to diagnose or ignored his mental disorder, which ultimately led to his discharge. The applicant provides third party letters to support his contention. Further, he was not competent to waive his administrative separation board or understand that he was ill. However, 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 applicant contends that an upgrade of his discharge would allow veterans benefits through the use of VA mental health care. However, eligibility for veteran's benefits to include VA mental health care, 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. The third party statement provided with the application spoke highly of the applicant's character. The authors all recognized the impact of the applicant's mental health on his service in the Army. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of the statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 12 August 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of OBH). Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to general under honorable conditions and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General Under Honorable Conditions 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 AR20190002802 4