1. Applicant's Name: a. Application Date: 22 May 2019 b. Date Received: 22 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. The applicant seeks relief contending, in effect, while in the military she suffered from major depression which interfered with her duties as a Soldier. She tried many times to pass her physical fitness test and became upset when she could not do so. She began to act out and even attempted to commit suicide. Prior to becoming depressed she was a good Soldier. If she had received the help she needed, she would have been an outstanding Soldier. In a records review conducted on 10 September 2021, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's OBHI diagnosis. 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. 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: Condition, Not a Disability / AR 635- 200, Chapter 5-17 / JFV / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 30 July 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 July 2009 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was diagnosed with a mental condition of Adjustment Disorder with mixed anxiety and depressed mood. (3) Recommended Characterization: General, under honorable conditions (4) Legal Consultation Date: 14 July 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 28 July 2009 / General, under honorable conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 June 2008 / 6 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 85 c. Highest Grade Achieved / MOS / Total Service: E-3 / None / 1 year, 1 month, 6 days d. Prior Service / Characterizations: USAR, 6 June 2008 - 24 June 200 / NA (Concurrent Service) e. Overseas / Combat Service: None / None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 10 April 2009, reflects the applicant disobeyed a lawful order on or about 27 March 2009. The punishment consisted of forfeitureof$100.00, suspended, to be automatically remitted if not vacated before 7 October 2009; and extra duty and restriction for 14 days. Multiple counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: A Report of Mental Health Evaluation, dated 2 July 2009, reflects the applicant had the mental capacity to understand and participate in the proceedings and was mentally responsible. The applicant was diagnosed with Adjustment Disorder with mixed anxiety and depressed mood. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, Enlistment Packet, DD Form 214, ERB, Separation Packet 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 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) 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. (5) 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. 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. The record shows the applicant, while in training status, was evaluated by competent medical authority and determined the applicant had: Adjustment Disorder with Mixed Anxiety and Depressed Mood. It was determined these conditions would prevent her from completing training. The applicant contends while in the military she suffered from major depression which interfered with her duties as a Soldier. The applicant's record contains a diagnosis of in service Adjustment Disorder with mixed anxiety and depressed mood. The record reflects that on 2 July 2009, the applicant was found to have the mental capacity to understand and participate in the proceedings and was mentally responsible. The applicant's chain of command determined that the applicant was mentally responsible as indicated by the Mental Status Evaluation Report. The applicant also contends she tried many times to pass her physical fitness test and became upset when she could not do so. Prior to becoming depressed she was a good Soldier. If she had received the help she needed, she would have been an outstanding Soldier. 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. Applicant was diagnosed with Adjustment DO and MDD while on active duty. These are both potentially mitigating BH conditions. (2) Did the condition exist or experience occur during military service? Yes. Applicant was diagnosed with Adjustment DO and MDD while in the service. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. While applicant's depressive diagnosis existed prior to service, in-service medical records indicate that this condition was exacerbated by the military which means it falls under the purview of Liberal Consideration. Given that depressive conditions can lead to lack of motivation, there is a nexus between her Adjustment DO and MDD and her inability to pass the APFT. Given that depressive conditions can lead to irritability and oppositionality, there is a nexus between her depressive diagnoses and her failure to obey her NCOs. (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 Adjustment Disorder and MDD outweigh the applicant's minor offenses of APFT failure and disobedience. As a result, the ADRB applied liberal consideration and found that the BH conditions outweighed the cause for separation. b. Response to Contention(s): (1) The applicant contends while in the military she suffered from major depression which interfered with her duties as a Soldier. The Board determined that this contention was valid, and granted the requested relief. (2) The applicant also contends she tried many times to pass her physical fitness test and became upset when she could not do so. As APFT failure wasn't the primary reason for discharge, the Board considered this contention in conjunction with the first, and determined that relief was warranted. c. The Board determined that the characterization of service was inequitable based on the applicant's OBHI diagnosis. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's Adjustment Disorder with mixed anxiety and depressed mood was the primary basis for separation and very minor misconduct mentioned (FTR and disobedience). Thus the prior characterization is no longer appropriate. (2) The Board voted not to change the applicant's reason for discharge or accompanying SPD code, as 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: Yes b. Change Characterization to: Honorable 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 AR20190006413 2