1. Applicant's Name: Application Date: 10 May 2019 b. Date Received: 20 June 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, needs an upgrade to a better life and family's; also improve career experience in any workplace; and without an honorable discharge many agencies and companies will not consider for employment because of the discharge received. It has been seven years since discharge, the applicant had great jobs and kept nose clean. Since discharge the applicant was diagnosed with PTSD, which the applicant believes played a role in the behavior that led to discharge. During the first three years of service, the applicant received an Army Good Conduct Medal, promoted to E-5 and the gunner for the howitzer section which won Top Gun and was in charge of ten Soldiers. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Adjustment Disorder/with anxiety/with anxiety and depressed mood; Anxiety Disorder NOS. The applicant is 60% service-connected from the VA. The VA has also diagnosed the applicant with Anxiety Disorder, unspecified; Depressive Disorder NOS. In summary, the applicant has a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 19 August 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's quality of service, to include combat service, in-service diagnosis, 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), the separation code to JKN, and the reentry code to RE-3. (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: 22 March 2012 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 6 March 2012 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he absented himself from his unit (25 May 2011 to 13 December 201). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 8 March 2012, applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 14 March 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 February 2009 / 6 years / See Enlisted Record Brief b. Age at Enlistment / Education / GT Score: 21 years / GED Certificate / 91 c. Highest Grade Achieved / MOS / Total Service: E-5 / 13B10, Cannon Crewmember / 4 years, 9 months, 3 days d. Prior Service / Characterizations: RA, 20 June 2007 to 9 February 2009 / HD e. Overseas Service / Combat Service: SWA / Iraq, 3 January 2009 to 10 December 2009 f. Awards and Decorations: ARCOM, AGCM, NDSM, ICM-CS, GWOTSM, NOPDR, ASR, OSR g. Performance Ratings: 1 April 2010 to 30 June 2010, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: FG Article 15 dated, 10 May 2011, for without authority, fail to go at the time prescribed to his appointed place of duty x3 (6 January 2011, 6 January 2011 and 20 January 2011); having received a lawful command from LTC M.M., his superior commissioned officer, to not leave his spouse's room at Blanchfield Army Community Hospital, or words to that effect, did willfully disobey (13 November 2010); having received a lawful order from SFC S.D.R., a senior noncommissioned officer, to be upstairs at Building 7073 for status report at 0600, an order which it was his duty to obey, did willfully disobey the same (20 January 2011); and he knew of his duties was derelict in the performance of his duties in that he willfully failed to maintain his post as Charge of Quarters located at Building 7039 from 0630 on 4 January 2011 until he was properly relieved as it was his duty to do (5 January 2011); reduction to SPC / E-4, forfeiture of $1,061 pay for one month (suspended). The applicant received several negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: AWOL for 199 days, 25 May 2011 to 13 December 2011; apprehended by civilian authorities. Confinement for 15 days, 2 February 2012 to 17 February 2012. Total lost time 214 days. However, neither of these periods are annotated on the applicant's DD Form 214 block 29, dates of time lost during this period. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 27 February 2012, revealed the applicant has an Axis I diagnosis of anxiety disorder. The applicant was screened for PTSD and mTBI in accordance with OTSG/MEDCOM Policy Memo 10-040, results were negative. He declined services at this time. He was psychiatrically cleared for Chapter 14-12b consideration per his command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and a DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. 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. National Defense Authorization Act 2017 provided 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) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided 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; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance 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. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant's record of service, the issues and document submitted with his 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 documented pattern of misconduct, the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant seeks relief contending, he needs am upgrade to better the his life and his family's; also improve his career experience in any workplace; and without an honorable discharge many agencies and companies will not consider him for employment because of the discharge he received. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant further contends, it has been seven years since his discharge, he had great jobs and kept his nose clean. The US Army does not have, nor has it ever had, a policy to upgrade a discharge based on time elapsed since the discharge. Each case is decided on its own merits based on all factors contained in the official record or as submitted by the applicant. Changes may be warranted if the Board determines the characterization of service or the reason for discharge or both were improper or inequitable. The applicant is to be commended for his effort. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The applicant also contends, since his discharge he was diagnosed with PTSD, which he believes played a role in his behavior that led to his discharge. The service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant additionally contends, during his first three years of service he received an Army Good Conduct Medal, promoted to E-5 and the gunner for the howitzer section that won Top Gun and he was in charge of ten Soldiers. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 19 August 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's quality of service, to include combat service, in-service diagnosis, 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), the separation code to JKN, and the reentry code to RE-3. 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 / RE-3 Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20190009369 1