1. Applicant's Name: a. Application Date: 9 April 2019 b. Date Received: 15 April 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, during his time in the military he was suffering from extreme anxiety and depression and was not receiving the appropriate treatment. The behaviors which led to his discharge were a direct result of his depression, anxiety, and suicidal ideation. The applicant states he is now receiving treatment and assistance for his mental disorders. He became 80-percent service connected for anxiety depression disorder. The applicant also states he wants an upgrade in order to further his education. In a records review conducted on 14 July 2021, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service and the circumstances surrounding the discharge (OBHI diagnoses). Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to Honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), with a corresponding separation code of JKN. 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: 13 July 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 June 2017 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 28 March 2017, the applicant was disrespectful in language towards a NCO; on or about 11 July 2016, the applicant wrongfully consumed alcohol during Iron Strike training exercise; on or about 10 May 2017, the applicant was disrespectful in language towards a commissioned officer; and on or about 27 February 2017, the applicant was absent without leave. (3) Recommended Characterization: General, under honorable conditions (4) Legal Consultation Date: 21 June 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 27 June 2017 / General, under honorable conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 September 2015 / 3 years, 27 weeks b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-3 / 91B, Wheeled Vehicle Mechanic / 1 year, 9 months, 22 days d. Prior Service / Characterizations: NA e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 25 October 2016, reflects on or about 11 July 2016, the applicant was derelict in the performance of his duties. The punishment consisted of forfeiture of $329.00 pay per month for 2 months, suspended, to be automatically remitted if not vacated on or about 23 February 2017; extra duty for 35 days; and restriction for 30 days, suspended, to be automatically remitted if not vacated on or before 24 January 2017. CG Article 15, dated 26 April 2017, reflects on or about 27 February 2017, the applicant failed to go at the prescribed time to his appointed place of duty on two separate occasions. The punishment consisted of reduction to private/E-1; forfeiture of $250.00 pay, suspended, to be automatically remitted if not vacated on or before 23 October 2017; extra duty for 14 days; restriction for 7 days, suspended, to be automatically remitted of not vacated on or before 23 October 2017; and an oral reprimand. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Mental Status Evaluation, dated 16 June 2017, reflects the applicant could understand and participate in the administrative proceedings and could appreciate the difference between right and wrong. The applicant was diagnosed with Alcohol dependence. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 6. POST SERVICE ACCOMPLISHMENTS: The applicant states he is now receiving treatment and assistance for his mental disorders. 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 3-7c states Under other-than-honorable-conditions discharge is an administrative separation from the Service under conditions other than honorable and it may be issued for misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial based on certain circumstances or patterns of behavior or acts or omissions that constitute a significant departure from the conduct expected of Soldiers in the Army. (5) 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. (6) 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. (7) 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. 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 record of service, the issues and documents submitted with the application were carefully reviewed. 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 during his time in the military he was suffering from extreme anxiety and depression and was not receiving the appropriate treatment. The behaviors which led to his discharge were a direct result of his depression, anxiety, and suicidal ideation. He is now receiving treatment and assistance for his mental disorders and became 80-percent service connected for anxiety and depression disorder. The applicant further contends an upgrade would allow him to further his education. 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) Applicant is 100% service connected for Generalized Anxiety Disorder (GAD) by the VA. GAD is a potentially mitigating BH condition under the Liberal Consideration guidance. (2) Did the condition exist or experience occur during military service? (YES) Applicant is 100% service connected for Generalized Anxiety Disorder (GAD) by the VA. Service connection by the VA indicates that the condition began during active duty. (3) Does the condition or experience actually excuse or mitigate the discharge? (YES) As there is an association between GAD and difficulty with authority figures, use of alcohol or drugs to self-medicate and avoidant behaviors, there is a nexus between the applicant's diagnosis of GAD and his offenses of disrespectfulness toward an NCO and commissioned officer, his consumption of alcohol while on a training exercise and his one day of being absent without leave. (4) Does the condition or experience outweigh the discharge? (YES) Applicant's diagnosis of GAD outweighs his discharge and a discharge upgrade is warranted. b. Response to Contentions: (1) The applicant contends during his time in the military he was suffering from extreme anxiety and depression and was not receiving the appropriate treatment. The behaviors which led to his discharge were a direct result of his depression, anxiety, and suicidal ideation. He is now receiving treatment and assistance for his mental disorders and became 80-percent service connected for anxiety and depression disorder. The Board considered this contention and agreed with its basis. The requested relief was approved. (2) The applicant further contends an upgrade would allow him to further his education. 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 the discharge is inequitable based on the applicant's length of service and the circumstances surrounding the discharge (OBHI diagnoses). d. Rationale for Decision: (1) The board voted to change the applicant's characterization of service because the service-connected GAD was a mitigating factor in the applicant's avoidant behaviors, alcohol abuse, and disrespect. (2) The board voted to change the reason to Misconduct (Minor Infractions) because, while they did occur, there was a mitigating BH condition affecting the applicant's state of mind, making the offenses minor. (3) The upgraded SPD code associated with minor offenses is JKN, and the RE-code is "3," remaining unchanged. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 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 NA - Not applicable NCO - Noncommissioned Officer NIF - Not in File NOS - Not Otherwise Specified OAD - Ordered to Active Duty OMPF - Official Military Personnel File PTSD - Post-Traumatic Stress Disorder RE - Reentry 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 AR20190006582 6