1. Applicant's Name: a. Application Date: 4 March 2019 b. Date Received: 10 May 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The current characterization of service for the period under review is General, (Under Honorable Conditions). The applicant requests an upgrade to honorable and a narrative reason change. The applicant seeks relief contending, in effect, he was suffering from anxiety and depression. He tried to seek help but was turned down and chastised. He was dealing with family issues and was under a lot of stress. He never received the help he needed and had a spotless record until he had a mental break down. He was forced to seek help somewhere else. The applicant states he wants to keep helping children and the community and return to school to become a physician's assistant. In a records review conducted on 25 August 2021, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service, the circumstances surrounding the discharge (post-service diagnosis of PTSD, OBHI), post-service accomplishments, and matters surrounding AWOL. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to Honorable. Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 14-12a, and the narrative reason for separation to Minor Disciplinary Infractions, with a corresponding separation code to JKN. The Board determined the RE code was proper and equitable and voted not to change it. 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General, (Under Honorable Conditions) b. Date of Discharge: 14 February 2019 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 December 2018 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was absent without leave (AWOL) between on or about 1 January 2018 and on or about 29 October 2018. (3) Recommended Characterization: General, (Under Honorable Conditions) (4) Legal Consultation Date: 26 December 2018 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 January 2019 / General, (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 September 2014 / 5 years b. Age at Enlistment / Education / GT Score: 22 / Bachelor's Degree / 112 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B, Infantryman / 3 years, 7 months, 8 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AGCM, NDSM, GWOTSM, ASR, Parachutist Badge g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article15, dated 4 December 2018, reflects the applicant was derelict in the performance of his duties from on or about 1 January 2018, to on or about 29 October 2018. The punishment consisted of reduction to private/E-1; forfeiture of $819.00 pay per month for 2 months, suspended, to be automatically remitted if not vacated on or before 10 February 2019; and extra duty for 45 days, suspended, to be automatically remitted if not vacated on or before 12 March 2019. A Report of Mental Status Evaluation, dated 6 December 2018, reflects the applicant was mentally responsible; could distinguish right from wrong; and possessed sufficient mental capacity to understand and participate intelligently as a respondent in any administrative proceedings. The applicant was psychologically cleared for any administrative action deemed appropriate by command. i. Lost Time / Mode of Return: AWOL, 300 days (1 January 3018 - 28 October 2018) / Applicant returned to duty j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provides medical documents from University of the East, which reflects the applicant was seen at the Out Patient Psychiatric Clinic on 12 February 2018, and was diagnosed with major depressive disorder; general anxiety disorder. The applicant also provides a letter from VA, dated 10 December 2019, which reflects, in part, the applicant was awarded service connection for generalized anxiety disorder with major depressive disorder, PTSD, and insomnia disorder with an evaluation of 70 percent effective 15 February 2019. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Personal Statement; Letters of Support-4; and medical document from University of the East, Department of Psychiatry, Letter from the Department of Veteran Affairs (VA) 6. POST SERVICE ACCOMPLISHMENTS: The applicant states he wants to keep helping children and the community and return to school to become a physician's assistant. 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 Servicemember discharged from active military service within 15 years of the Servicemember'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 635-200 provides the basic authority for the separation of enlisted personnel. (1) Chapter 3, Section II provides the authorized types of characterization of service or description of separation. (2) Paragraph 3-7a states an Honorable discharge is a separation with honor and 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. (3) Paragraph 3-7b states a General discharge is a separation from the Army under honorable conditions and is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. (4) 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. (5) Paragraph 14-3 prescribes a discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record. (6) 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. e. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 12c, misconduct (serious offense). 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's AMHRR record of service, the issues and documents submitted with the application were carefully reviewed. The applicant requests an upgrade to honorable and a narrative reason change. 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 misconduct (serious offense), the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. The applicant contends he was suffering from anxiety and depression. He states he tried to seek help but was turned down and chastised. 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 6 December 2018, the applicant underwent a mental status evaluation which indicates the applicant was mentally responsible; could distinguish right from wrong; and possessed sufficient mental capacity to understand and participate intelligently as a respondent in any administrative proceedings. The applicant also contends he was dealing with family issues and was under a lot of stress The applicant had many legitimate avenues through which to obtain help and there is no evidence in the record that he ever sought such assistance before committing the misconduct, which led to the separation action under review. The applicant further contends he had a spotless record until he had a mental break down. 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 applicant requests the narrative reason be changed. However, the applicant was separated under the provisions of Paragraph 14-2c with a general, under honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)" and the separation code is "JKQ." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant states he wants to return to school to become a physician's assistant. 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. Of note, the applicant also provided a letter from VA, dated 10 December 2019, which reflects, in part, the applicant was awarded service connection for generalized anxiety disorder with major depressive disorder, PTSD, and insomnia disorder with an evaluation of 70 percent effective: 15 February 2019. 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. In-service the applicant held an Adjustment Disorder diagnosis; however, the applicant was not properly evaluated and treated as required by the nature of the referral and placement on the High Interest Tracker. Post-service, the applicant is service connected for Generalized Anxiety Disorder. The applicant has also held diagnoses of Major Depressive Disorder and PTSD; however, the basis for the PTSD diagnosis is not documented (2) Did the condition exist or experience occur during military service? Yes. The applicant was diagnosed with an Adjustment Disorder in-service. However, it is possible and likely the applicant had a more impairing condition which went undiagnosed due to mismanagement of his evaluation and treatment. Post-service, he is service connected for GAD with additional diagnoses of MDD and PTSD (3) Does the condition or experience actually excuse or mitigate the discharge? Unknown. While the applicant is not service connected for PTSD and typically GAD would not mitigate an AWOL, by applying liberal consideration mitigation is recommended based on treatment mismanagement, compassion due to the multiple stressors at the time of the event, and possibility trauma was involved. (4) Does the condition or experience outweigh the discharge? Yes. The Board concurred with the opinion of the Board's Medical Advisor, a voting member, that the applicant's misdiagnosis and treatment of PTSD and GAD warrant an upgrade out of compassion. As a result, the ADRB applied liberal consideration and found that the BH conditions outweighed the AWOL reason for separation. b. Response to Contentions: (1) The applicant requests an upgrade to honorable and a narrative reason change. The Board considered this contention during deliberation and determined that relief was warranted based on mismanagement of applicant's case file. (2) The applicant contends he was suffering from anxiety and depression. The Board considered this contention during deliberation and determined that relief was warranted based on mismanagement of applicant's case file. (3) The applicant also contends he was dealing with family issues and was under a lot of stress. The Board considered this contention during deliberation and determined that relief was warranted based on mismanagement of applicant's case file. (4) The applicant further contends he had a spotless record until he had a mental break down. The Board recognizes and appreciates the applicant's willingness to serve and considered this contention during board proceedings. The Board considered this contention during deliberation and determined that relief was warranted based on mismanagement of applicant's case file. (5) The applicant requests the narrative reason be changed. The Board considered this contention during deliberation and determined that relief was warranted based on mismanagement of applicant's case file. (6) The applicant states he wants to return to school to become a physician's assistant. 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. c. The Board determined that the characterization of service was inequitable based on the applicant's length of service, the circumstances surrounding the discharge (post-service diagnosis of PTSD, OBHI), post-service accomplishments, and matters surrounding AWOL d. Rationale for Decision: (1) The Board voted to grant relief in the form of an upgrade to the characterization of service to Honorable due the mismanagement of the applicant's case file and severe family matters. (2) The Board voted to change the reason for discharge to Misconduct (Minor Infractions) under the same pretexts, thus the reason for discharge is no longer appropriate. The SPD code associated with the new reason for discharge is JKN. (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: Yes b. Change Characterization to: Honorable c. Change Reason to: 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 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 AR20190006335 1