1. Applicant's Name: a. Application Date: 6 March 2018 b. Date Received: 13 June 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The current characterization of service for the period under review is under other than honorable conditions. The applicant requests an upgrade to honorable. The applicant seeks relief contending, in effect, she served honorably on active duty on two previous enlistments, to include service in Iraq. During her service in Iraq, she states she suffered a traumatic brain injury (TBI), which has since been determined as service connected. She states it is important to note her TBI rating was based on neuro-behavioral effects. Both stressors used for her current rating of 100 percent for Post-Traumatic Stress Disorder (PTSD) occurred in Iraq. On her final enlistment, she received an other than honorable discharge for Patterns of Misconduct. The pattern of misconduct noted were minor in nature, including nine days of being absent without leave (AWOL) and counseling from superiors on her un-military behavior. The applicant states it is important to note she was seeking counseling at the time and already had a diagnosis of PTSD while on active duty. She states the diagnosis was not considered when the character of discharge was determined. In a records review conducted on 27 October 2021, and by a 5 - 0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (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 / Under Other Than Honorable Conditions b. Date of Discharge: 12 June 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 May 2007 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant wrongfully displayed a pattern of misconduct. In March of 2007, she received a company grade Article 15 for being AWOL for four (4) days and violating her physical profile. She was counseled multiple times for her deceptive and disrespectful behavior. She was also counseled for making false official statements. Additionally, she went AWOL and again, through deceptive measures after her chain of command authorized her a pass. During the investigation into the circumstances of the incident, she made additional false official statements. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 9 May 2007 (5) Administrative Separation Board: On 17 May 2007, the applicant was notified to appear before an administrative separation board and advised of her rights. On 21 May 2007, with advice of counsel, the applicant conditionally waived her rights to an administrative board in exchange for a general discharge. On 24 May 2007 her request for a conditional was disapproved. On 1 June 2007 she was notified to appear before the board, which she then submitted an unconditional waiver. (6) Separation Decision Date / Characterization: 7 June 2007 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 March 2005 / 3 years b. Age at Enlistment / Education / GT Score: 21 / Some College / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92A10, Automated Logistical Specialist / 6 years, 11 months, 16 days Prior Service / Characterizations: USAR, 23 June 2000 - 15 March 2005 / HD AD, 13 June 2001 - 21 November 2001 / NIF (Concurrent Service) AD, 2 April 2003 - 30 January 2004 / NIF (Concurrent Service) d. Overseas Service / Combat Service: Korea, SWA / Iraq (2 April 2003 - 30 January 2004) e. Awards and Decorations: NDSM, GWOTSM, ASR / The applicant's AMHRR reflects award of the ARCOM, AAM-2, KDSM, AFEM, SWABS, GWOTEM, AFRM, however, the awards are not reflected on the DD Form 214. f. Performance Ratings: NA g. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 7 March 2007, for departing her unit in an AWOL status on 16 February 2007 and remained absent until on or about 20 February 2007; and, willfully failing to obey her physical profile on 23 January 2007. The punishment consisted of a reduction to E-3; forfeiture of $403 pay; extra duty for 14 days and restriction. Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 16 February 2007. From "AWOL" to "PDY," effective 20 February 2007. Multiple Developmental Counseling Forms, for various acts of misconduct. h. Lost Time / Mode of Return: 4 days: (AWOL, 16 February 2007 - 19 February 2007 / NIF i. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 7 March 2007, reflects the applicant was mentally responsible and could understand the difference between right and wrong and could participate in the proceedings. The applicant had a long history of depression, had pursued counseling consistently, her affect was flattened and somber and her mood was depressed. The applicant provided a copy of a VA disability rating decision, dated 5 December 2017, reflecting the applicant was rated 100 percent disability for PTSD with Residuals, Traumatic Brain Disorder (PTSD - Personal Trauma/Sexual Trauma/Assault). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; VA Regional Office Administrative Decision; VA Rating Decision; Statement from Department of Veterans Affairs; DD Form 214; Medical Records. 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 name (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 Service member discharged from active military service within 15 years of the Service member'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 5 provides for the basic separation of enlisted personnel for the convenience of the government. Paragraph 5-3 provides explicitly for separation under the prerogative of the Secretary of the Army. Secretarial plenary separation authority is exercised sparingly and seldom delegated. Ordinarily, it is used when no other provision of this regulation applies, and early separation is clearly in the Army's best interest. Separations under this paragraph are effective only if approved in writing by the Secretary of the Army or the Secretary's approved designee as announced in updated memorandums. Secretarial separation authority is normally exercised on a case-by-case basis. (6) 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. (7) 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. (8) 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. Army Regulation 601-210, Regular Army and Reserve Components Enlistment Program, governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the U.S. Army Reserve, and Army National Guard for enlistment per DODI 1304.26. It also prescribes the appointment, reassignment, management, and mobilization of Reserve Officers' Training Corps cadets under the Simultaneous Membership Program. Chapter 4 provides the criteria and procedures for waiverable and nonwaiverable separations. Table 3-1, defines reentry eligibility (RE) codes: RE-3 Applies to: Person who is not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waiverable. Eligibility: Ineligible unless a waiver is granted. 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. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant contends she was suffering from TBI and PTSD which affected her behavior and led to her discharge. The applicant provided copies of her VA Disability ratings to support her contentions. The applicant's AMHRR contains documentation that supports an in service treatment of in-service depression. The record shows the applicant underwent a mental status evaluation (MSE) on 7 March 2007, which indicates the applicant was mentally responsible and was able to recognize right from wrong. The MSE was considered by the separation authority. The applicant contends her PTSD was not considered when the character of discharge was determined. The applicant's AMHRR contains no documentation of PTSD diagnosis. The applicant provided post service diagnosis of PTSD. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant claims the offenses leading to the discharge were minor. The AMHRR indicates the applicant committed many discrediting offenses. Army Regulation 635-200, in pertinent part, stipulates circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. 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 Board's Medical Advisor, a voting member, reviewed the applicant's DOD and VA health records. The applicant's diagnosis of PTSD and TBI are potentially mitigating BH diagnoses. (2) Did the condition exist or experience occur during military service? Yes. The Board arrived at this finding based upon the applicant's in-service and post-service diagnoses of PTSD and TBI by the VA. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. It is the opinion of the Agency BH advisor that the applicant has two BH conditions which mitigate the misconduct, PTSD and TBI. As there is an association between PTSD and TBI and avoidant behavior, there is a nexus between these conditions and her offense of being AWOL. As there is an association between PTSD and difficulty with authority figures, there is a nexus between her diagnosis of PTSD and her disrespectful behavior toward her superiors. Regarding her TBI, the medical records indicate that she suffered a head injury when she fell without wearing a helmet, off an Army truck onto the back of her head. The fall resulted in 30 minutes of unconsciousness. The medical record indicates that she spent two days in an Iraqi hospital after the fall but there is no documentation of her ever being assessed or treated by the TBI clinic. In all likelihood, when she damaged her occipital lobe during the fall, she also damaged her frontal lobes via the contra coup effect. Psychological testing done after her fall supports this supposition as evidenced by the finding that her post-fall thought processes were impaired and illogical. Frontal lobe injury, in conjunction with her underlying ADHD condition, likely affected both her judgment and her ability to pay attention and encode new information. While it cannot be said with certainty, I feel that these factors may have played a role in some of her lying behaviors. As such, they partially mitigate her offenses of making false official statements. (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 mitigating BH illnesses of PTSD and TBI are often associated with AWOL, violating her physical profile, deceptive and disrespectful behavior, and making false official statements. As a result, the ADRB applied liberal consideration and found that the BH conditions outweighed the basis for separation. b. Response to Contention(s): (1) The applicant contends she was suffering from TBI and PTSD which affected her behavior and led to her discharge. The Board determined that this contention was valid and voted to upgrade the characterization of service due to PTSD and TBI mitigating the applicant's AWOL, violating the physical profile, deceptive and disrespectful behavior, and making false official statements charges. c. The applicant claims the offenses leading to the discharge were minor. The Board determined that this contention was valid and voted to upgrade the reason for discharge to Misconduct (Minor Infractions). The applicant contends good service, including a combat tour. The Board recognizes and appreciates the applicant's willingness to serve and considered this contention during board proceedings. The Board determined the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service, prior period of honorable service and the circumstances surrounding the discharge (i.e. diagnosis of PTSD and TBI). d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant had a BH condition of PTSD and TBI, which mitigated the applicant's misconduct for AWOL, violating her physical profile, deceptive and disrespectful behavior, and making false official statements. 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. The RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation. 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 AR20190007665 1