1. Applicant's Name: a. Application Date: 17 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, separation program designator (SPD) and reentry (RE) codes change along with a narrative reason change. The applicant seeks relief contending, in effect, he was diagnosed with narcolepsy and was referred to a medical evaluation board (MEB) in January 2018. Since his diagnosis the leaders in his unit counseled him numerous times for failure to report. His discharge was the result of his medical condition. His unit decided to stop his MEB and proceed with an administrative discharge. He was harassed by his chain of command upon the diagnosis of narcolepsy and his discharge was punishment for his medical condition. In a records review conducted on 10 September 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, TBI, and PTSD 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 21 September 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 April 2018 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant failed to go to his appointed place of duty on or about 15 November 2016; the applicant failed to go to his appointed place of duty on or about 5 October 2017; the applicant failed to obey a lawful order issued by SGT G; and the applicant failed to go to his appointed place of duty on or about 22 November 2017. (3) Recommended Characterization: General, under honorable conditions (4) Legal Consultation Date: 21 May 2018 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 30 August 2018 / General, under honorable conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 April 2016 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 88 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B, Infantryman / 2 years, 5 months, 4 days d. Prior Service / Characterizations: None / None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR, Air Assault Badge g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 25 October 2017, reflects the applicant failed to go to his appointed place of duty at the prescribed time on three separate occasions and failed to obey a lawful order on or about 14 October 2017. The punishment consisted of reduction private/E-2, suspended for 180 days, and extra duty for 14 days. On 1 March 2018, the applicant's sentence was vacated due to the applicant's failure to pay financial support. FG, Article 15, dated 11 May 2018 (highly redacted), appears to reflect the applicant disobey a lawful order on or about 8 May 2018 and make a false official statement with intent to deceive on or about 8 May 2018. The punishment consisted of reduction to private/E-2; forfeiture of $819.00 pay, suspended, to be automatically remitted if not vacated on or before 16 November 2018; extra duty for 45 days; and an oral reprimand. Multiple Developmental Counseling Forms for various acts of misconduct. i. Lost Time / Mode of Return: None / None j. Diagnosed PTSD / TBI / Behavioral Health: A Report of Mental Status Evaluation, dated 26 January 2018, reflects the applicant did not meet retention standards and was not cleared for administrative separation action. The applicant could understand and participate in administrative proceedings and could understand the difference between right and wrong. The applicant was diagnosed with bipolar disorder II and PTSD (non-combat related). A MEB Proceedings, dated 5 February 2018, reflects the applicant was found unfit due to narcolepsy with cataplexy and bipolar disorder II and was referred to a physical evaluation board. The applicant provides a VA Rating decision, dated 31 December 2018, which reflects the applicant was granted, in part, a service-connected evaluation for PTSD-70 percent, Chronic Post-Traumatic headaches associated with PTSD with bipolar II disorder and TBI- 50 percent, and Narcolepsy-20 percent effective 22 September 2018. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, Separation Package, Medical documents, DD Form 214, VA Medical records and Rating Decisions 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) 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. 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's AMHRR record of service, the issues and documents submitted with the application were carefully reviewed. The applicant requests an upgrade to honorable, SPD and RE codes change along with a narrative reason change. The applicant contends he was diagnosed with narcolepsy and was referred to a MEB in January 2018; however, his unit decided to stop his MEB and proceed with an administrative discharge. Department of Defense disability regulations do not preclude a disciplinary separation while undergoing a medical board. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board and is subsequently processed for an administrative involuntary separation or is referred to a court-martial for misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct, the medical process is stopped and the board report is filed in the member's medical record. The applicant also contends his discharge was the result of his medical condition. The record reflects that on 26 January 2018, the applicant did not meet retention standards and was not cleared for administrative separation action. The applicant could understand the difference between right and wrong. The applicant was diagnosed with bipolar disorder II and PTSD (non- combat related). It appears the applicant's chain of command determined that he knew the difference between what was right and wrong as indicated by the mental status evaluation. The applicant further contends he was harassed by his chain of command upon the diagnosis of narcolepsy and his discharge was punishment for his medical condition. The applicant had many legitimate avenues through which to obtain assistance or relief 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 requests a change of his SPD and RE codes along with a narrative reason change. However, the applicant was separated under the provisions of Paragraph 14-2b 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 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 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." 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 has been diagnosed with Bipolar Disorder, mild TBI, PTSD and Narcolepsy. All of these diagnoses are potentially mitigating under Liberal Consideration. (2) Did the condition exist or experience occur during military service? Yes. Applicant's diagnoses of Bipolar DO, mild TBI, PTSD and Narcolepsy were all made while he was in the service. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The applicant has several mitigating BH conditions: PTSD/Bipolar II Disorder and Narcolepsy. Any or all of these conditions, especially narcolepsy, are associated with excessive daytime sleepiness resulting in failure to make accountability formation. Similarly, any or all of these conditions can lead to irritability and oppositionality, leading to the applicant disobeying an order. (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 PTSD/Bipolar/Narcolepsy diagnoses mitigate and outweigh disobedience and failures to report. 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 he was diagnosed with narcolepsy and was referred to a MEB but then was administratively discharge. The applicant also contends his discharge was the result of his medical condition. The applicant further contends he was harassed by his chain of command upon the diagnosis of narcolepsy and his discharge was punishment for his medical condition. The Board determined that these related contentions were valid, and relief was warranted based on the mitigated BH conditions of PTSD and Narcolepsy. (2) The applicant requests a change of his SPD and RE codes along with a narrative reason change. The Board determined that partial relief was warranted on this contention, with a Narrative Reason and SPD code change. The RE-code request was denied for the same reason, and those conditions require scrutiny and waivers if re-entry into the military is desired. However, the applicant may request a personal appearance hearing to address the issues before the Board. The applicant is responsible for satisfying the burden of proof and providing documents or other evidence sufficient to support the applicant's contention(s) that the discharge was improper or inequitable. c. The Board determined the discharge is inequitable based on the applicant's length of service and the circumstances surrounding the discharge (OBHI, TBI, and PTSD diagnoses). d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable the applicant's PTSD and Narcolepsy mitigated and outweighed the discharge reasons of disobedience and failures to report. 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 RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation. Narcolepsy is a potentially service-disqualifying condition. If the applicant desires to rejoin the military, there must be scrutiny and a waiver obtained to ensure the good of the service. 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 AR20190009048 1