1. Applicant's Name: a. Application Date: 13 March 2019 b. Date Received: 15 March 2019 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through counsel, requests an upgrade of general (under honorable conditions) discharge to honorable, a narrative reason change and a reentry eligibility (RE) code change. The applicant seeks relief contending, in effect, had a disability that contributed to the misconduct, which led to a general (under honorable conditions) Discharge. The applicant has successfully overcome the problems that led to the general discharge, the stigma of a less than fully honorable discharge continues to weigh on the applicant and potentially affect future employment opportunities in the defense industry. The record clearly shows that the applicant's mental conditions, including PTSD, should be seen as a mitigating factor in the misconduct that led to discharge. Apart from a brief period of time at the end of four years of meritorious service, the applicant's time in the Army was honest and faithful. The applicant's single AWOL period lasted eight days, after which time, reported to Community Mental Health "with the full intention of getting better and deploying." The applicant did not cause physical harm to anyone else during the misconduct, nor does it appear the applicant caused any disruption at Fort Riley. With the exception of this short period, the applicant was an exemplary Soldier. Thus, the record shows the applicant's mental health conditions outweighed the misconduct. In addition, the applicant had already received punishment commensurate with the misconduct with a Field Grade Article 15 and termination of a career in the Army. The facts of this case suggest the Army misdiagnosed the applicant with an adjustment disorder pre-discharge, when the diagnosis should have been PTSD. After discharge, the Bay Pines psychiatric unit diagnosed the applicant with PTSD under the DSM-IV criteria and treated the applicant for that condition, after which the applicant experienced significant improvement. The Army's diagnosis of adjustment disorder in the 2004 timeframe, was likely erroneous because the stressors were not ongoing, but the symptoms were still present at that time. These symptoms included prolonged irritability; nightmares and flashbacks related to combat experience; depression and anxiety; angry outbursts; insomnia; hypervigilance; intrusive thoughts; exaggerated startle response; alcoholism; guilt; detachment or estrangement from others; relationship problems; inability to function; and self-isolation. The existence of the mental health conditions, including PTSD, is undisputed. There is no evidence to the contrary. Since 2005, the applicant has stabilized life and become a productive citizen. The applicant was assigned to Honduras in December 2005 after accepting a position with a defense contractor. The applicant remarried and has since had two children, ages nine and eleven. The applicant returned to Iraq to work on helicopters for a contractor in 2008 and remained there until 2010, when the applicant relocated to the United Arab Emirates, where the applicant trained Emirati Soldiers on the maintenance of UH-60 helicopters. While overseas, the applicant obtained a bachelor's degree in Aviation Management through an online program with Thomas Edison State University in Trenton, New Jersey. In 2018, the applicant accepted a position as a Quality Assurance Supervisor with Lockheed Martin Corporation and has recently been promoted to Quality Manager for the CH-53K program, and is also studying for a Masters of Business Administration in Program Management at Louisiana State University Shreveport, where the applicant is maintaining a GPA of 4.0. The applicant also has been sober since 2005. Counsel further details contentions in an allied legal brief. 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. The applicant is 30% service-connected for Major Depressive Disorder from the VA. The applicant does not currently have a diagnosis of PTSD. In summary, the applicant's discharge was appropriate. In a personal appearance hearing conducted at Arlington, VA on 7 October 2019, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service, post-service accomplishments, and the circumstances surrounding the discharge (i.e. in-service and post- service diagnoses of OBH). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Physical Condition, Not a Disability / AR 635-200, Chapter 5-17 / JFV / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 19 March 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 March 2004 (2) Basis for Separation: The applicant was informed of the following reasons: His diagnosis of an adjustment disorder with mixed anxiety and depressed mood; which mental condition affects his ability to effectively perform his assigned duties, and will interfere with his effectiveness in a combat theater while serving in the United States Army. He received a Field Grade Article 15, on 5 March 2004. He was absent from his unit, 82nd Medical Company from 18 February 2004 until 26 February 2004. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 10 March 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 March 2004 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 February 2000 / 6 years b. Age at Enlistment / Education / GT Score: 17 / GED / 115 c. Highest Grade Achieved / MOS / Total Service: E-4 / 15T10, UH-60 Helicopter Repairer / 4 years, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Kuwait, Iraq (13 August 2001 - 20 December 2001; 16 February 2003 - 1 June 2003) f. Awards and Decorations: AAM-2, AGCM, NDSM, AFEM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 18 February 2004; and, From "AWOL" to "PDY," effective 26 February 2004. FG Article 15, dated 5 March 2004, for being AWOL (between 18 and 26 February 2004). The punishment consisted of a reduction to E-1; and, extra duty and restriction for 45 days. Several Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: 8 days (AWOL, 18 February 2004 - 25 February 2004) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 26 February 2004, 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. The applicant was diagnosed with: Adjustment Disorder with Mixed Anxiety and Depression. Report of Mental Status Evaluation, dated 1 March 2004, reflects he applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with: Adjustment Disorder with Mixed Disturbance of Mood and Conduct, Alcohol and Substance Abuse. Report of Mental Status Evaluation, dated 3 March 2004, 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. The applicant was diagnosed with: Adjustment Disorder with Mixed Anxiety and Depression. Memorandum for record, Psychiatric Statement, dated 4 March 2004, reflects the applicant had been evaluated at CMHS and a Mental Status Evaluation determined that this the applicant should be considered "imminently dangerous" as defined in DOD Directive 6490.1 and DOD Instruction 6490.4. The information received by CMHS personnel indicates that the applicant had difficulties with conflicts he was currently experiencing in the unit with his NCOs. The recommendation for the applicant was an Administrative Separation under the provisions of AR 635-200, Chapter 5-17. The separation should be accomplished as expeditiously as possible. The applicant provided a copy of his VA disability rating decision, dated 23 August 2005, which reflects the applicant was rated 30 percent disability for depression (also claimed as PTSD, adjustment disorder and anxiety disorder). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with allied legal brief and all listed exhibits. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states he has become a productive citizen and has remarried with two children and has been sober since 2005. He has obtained employment as a defense contractor, earned his Bachelor's Degree and is pursuing his Masters of Business Administration in Program Management, where he is maintaining a GPA of 4.0. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier's ability to function in the military environment is significantly impaired. AR 635-200, paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, general (under honorable conditions), or an uncharacterized description of service if in entry-level status. A general (under honorable conditions) discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization. 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 "JFV" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5-17, Condition, Not a Disability. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFV" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable, a narrative reason change and a reentry eligibility (RE) code change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record shows the applicant was evaluated by competent medical authority and determined the applicant had an Adjustment Disorder with Mixed Anxiety and Depression. It was recommended that the applicant be expeditiously and administratively separated under the provisions of AR 635-200, Chapter 5-17. The applicant contends the narrative reason and the RE code should be changed. However, the applicant's requested change to the DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The applicant contends the events that caused his discharge from the Army were isolated incidents. Although isolated incidents, the discrediting entries constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends the VA has granted him a service connected disability for depression (also claimed as PTSD, adjustment disorder and anxiety disorder). The applicant contends it was this conditions, which 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 3 March 2004, 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 that he had good service which included a two combat tours. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None b. The applicant presented the following additional contention(s): Applicant and counsel provided oral arguments in support of the contentions they provided in their written submissions and in support of their documentary evidence c. Witness(es) / Observer(s): 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 7 October 2019, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service, post-service accomplishments, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of OBH). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 AR20190005603 6