1. Applicant's Name: a. Application Date: 11 April 2019 b. Date Received: 17 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 sustained injuries in Afghanistan in 2012 that required sixteen weeks to heal. He was only given three weeks forcing the injuries to heal incorrectly which caused an issue when he returned to his duty station. After returning to his duty station he went to medical for pain and complications with the injuries. He began getting harassed for malingering by the platoon sergeant. Once his profile was over he was placed in the overweight program which the unit did not participate in and was given a record PT Test which was supposed to be a diagnostic due to the recovery standard. The PT Test was for a school that he did not want to attend. He was given a Field Grade Article 15, which he completed and then was discharged out of the Army. His service record is exemplary with the notation of returning from OEF tour in 2012. He received two good conduct medals during his six years of service. He was alienated, harassed and treated with malice for being hurt in an infantry unit. In a records review conducted on 25 August 2021, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (IPV, OBHI and PTSD diagnoses), and prior period of honorable service. 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: Pattern of Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 13 September 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 August 2013 (2) Basis for Separation: The applicant was informed of the following reasons: A pattern of misconduct. Failure to report on 14 January 2013, 28 February 2013, 14 March 2013, and 20 March 2013. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 23 August 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 November 2010 / 5 years b. Age at Enlistment / Education / GT Score: 24 / High School Letter / 104 c. Highest Grade Achieved / MOS / Total Service: E-5 / 13F10, Fire Support Specialist / 6 years, 17 days d. Prior Service / Characterizations: RA, 27 August 2007 - 17 November 2010 / HD e. Overseas Service / Combat Service: SWA / Iraq (22 August 2009 - 22 August 2010); Afghanistan (8 February 2012 - 10 September 2012) f. Awards and Decorations: ACM-CS, JSCM, ACM, AGCM-2, NDSM, GWOTSM, ICM-CS, NCOPDR, ASR, OSR, NATO MDL, CAB g. Performance Ratings: 1 June 2010 - 31 May 2011 / Fully Capable 1 June 2011 - 31 May 2012 / Fully Capable 1 June 2012 - 31 May 2013 / Marginal h. Disciplinary Action(s) / Evidentiary Record: Commander's Report, dated 11 August 2013, reflects the applicant received a FG Article 15, dated 13 June 2013, for Failure to Report on: 14 January 2013, 28 February 2013, 14 March 2013, and 20 March 2013. The punishment consisted of a reduction to E-4; forfeiture of $1,152.00 pay per month for 2 months; and extra duty for 45 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a VA Rating Decision dated 13 May 2019, which shows the applicant was granted 100 percent service- connected disability for PTSD and Insomnia Disorder with Traumatic Brain Injury, effective 1 January 2018. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, DA 3349, DD Form 214, VA letter summary of benefits, VA Rating Decision. 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), 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 14-12b, addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 12b, pattern of misconduct. f. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of "3." 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 requests an upgrade to honorable and a narrative reason change. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant contends the narrative reason for the discharge needs to be changed. The applicant was separated under the provisions of Chapter 14, paragraph 14-12b, AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct," and the separation code is "JKA." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates 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 stipulates no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends he was injured in Afghanistan which required sixteen weeks to recover but was only given three weeks which forced the injuries to heal incorrectly. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends, once he returned to his duty station and went to medical for his injuries, he was harassed for malingering by the platoon sergeant. He also states he was harassed and treated with malice for being hurt in an Infantry unit. There is no evidence in the AMHRR the applicant sought assistance or reported the harassment. The applicant contends, once he was off profile he was placed in the overweight program and was given a PT test which should have been a diagnostic but was not. The issue the applicant submitted is not a matter upon which the Army Discharge Review Board grants a change in discharge. The issue raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge when it was issued. The applicant contends good service, including a combat tour. The Board considered the service accomplishments and the quality of service. 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. The applicant held in-service diagnoses of Anxiety Disorder NOS, Major Depressive Disorder (MDD), and PTSD; however, PTSD and MDD were removed due to lack of supporting symptoms and impairment. The applicant was the victim of IPV in-service. Post- service, the applicant is service-connected for combat-related PTSD. (2) Did the condition exist or experience occur during military service? Yes. The applicant held in-service diagnoses of Anxiety Disorder NOS, Major Depressive Disorder (MDD), and PTSD; however, PTSD and MDD were removed due to lack of supporting symptoms and impairment. The applicant was the victim of IPV in-service. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. Based on liberal consideration, and the relationship between trauma and avoidance of potential triggers, the basis for separation is mitigated. (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 MDD, PTSD and IPV are often associated with avoidance behaviors. As a result, the ADRB applied liberal consideration and found that the BH conditions outweighed the cause for separation. b. Response to Contentions: (1) The applicant contends the narrative reason for the discharge needs to be changed. The Board determined that this contention was valid, based on PTSD/IPV, and relief was warranted. (2) The applicant contends he was injured in Afghanistan which required sixteen weeks to recover but was only given three weeks which forced the injuries to heal incorrectly. The Board considered this contention in its decision to grant relief. (3) The applicant contends, once he returned to his duty station and went to medical for his injuries, he was harassed for malingering and treated with malice for being hurt in an Infantry unit. The Board considered this contention, and relief was already granted. (4) The applicant contends, once he was off profile he was placed in the overweight program and was given a PT test which should have been a diagnostic. The Board considered this contention, and relief was already granted. (5) The applicant contends good service. The Board recognizes and appreciates the applicant's willingness to serve and considered this contention during board proceedings. c. The Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (IPV, OBHI and PTSD diagnoses), and prior period of honorable service. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD/IPV mitigated the FTRs as the basis for separation due to avoidance behaviors being associated with those suffering from the mentioned conditions. Thus the prior characterization is no longer appropriate. (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 Board voted not to change the applicant's RE-code under the same pretexts. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason / SPD Code to: Misconduct (Minor Infractions)/JKN d. Change RE Code to: No Change e. Change Authority to: AR 635-200, paragraph 14-12a 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 AR20190007373 1