1. Applicant's Name: a. Application Date: 27 June 2019 b. Date Received: 1 July 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, she served her first enlistment honorably. During her second enlistment, she was deployed to Iraq for 15 months. Upon returning stateside, she dealt with adjustment issues. She started drinking to her sleep and numb her feelings. She went AWOL twice. When she was sent to a treatment facility, she found out her best friend whom she deployed with was paralyzed due to an accident. Her mother also passed away from cancer. Due to her mental health conditions and losses, she made irrational decisions. She was unable to manage her life and considered suicide numerous time. She was not in a healthy mental state to continue with her service at the time. 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 PTSD. The applicant is 70% service-connected from the VA. 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 28 August 2020, and by a 5-0 vote, the Board determined that the discharge was improper. Based on the applicant's quality of service, to include combat service, the circumstances surrounding the discharge (in-service PTSD diagnosis), and prior period of honorable service, the proper discharge and separation procedures were not followed in this case. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable, 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 (AWOL) / AR 635-200, Paragraph 14-12c(1) / JKD / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 16 June 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 May 2010 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant received a FG Article 15 for failing to report to accountability formation on 23 February 2010. Shortly, thereafter, in March 2010, the applicant received another FG Article 15 for being absent without leave (AWOL) and for disobeying a lawful general regulation by wrongfully using inhalants for the purpose of inducing excitement, intoxication, and stupefaction of the central nervous system. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, undated (5) Administrative Separation Board: Waived, undated (6) Separation Decision Date / Characterization: 24 May 2005 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 December 2009 / 3 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 89 c. Highest Grade Achieved / MOS / Total Service: E-5 / 74D10, Chemical Operations Specialist / 6 years, 6 months, 25 days d. Prior Service / Characterizations: RA (18 November 2003 to 30 March 2006) / HD RA (31 March 2006 to 16 December 2009) / HD e. Overseas Service / Combat Service: Korea, SWA / Iraq (16 December 2007 to 9 March 2009) f. Awards and Decorations: ARCOM; AAM-3; AGCM; NDSM; ICM-2CS; GWOTSM; KDSM; NCOPDR; ASR; OSR-2 g. Performance Ratings: 1 February 2009 thru 31 January 2010, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Counseling Statements for illegally using a mind altering substance; being arrested for the abuse of inhalants; and being an ASAP failure. MP Report, dated 19 March 2010, indicates the applicant was the subject of an investigation for wrongful possession of dangerous drugs and wrongful use of dangerous drugs. FG Article 15, dated 4 March 2010, for failing to go to her appointed place of duty at the prescribed time on two separate occasions on 23 February 2010 and 9 February 2010. The punishment consisted of a reduction to E-4. FG Article 15, dated 4 May 2010, for being absent from unit on 26 March 2010, and remained absent until 30 March 2010, and disobeying a lawful general regulation on 15 March 2010. The punishment consisted of a reduction to E-1, and 45 days of extra duty and restriction. Report of Mental Status Evaluation, dated 10 May 2010, indicates an "Axis I" diagnosis of "Inhalant Abuse" and that she was cleared for any administrative action deemed appropriate by her command. i. Lost Time / Mode of Return: Four days (AWOL on 26 March 2010 to 29 March 2010) / The applicant returned to her unit. j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 27 June 2019, with self-authored statement; DD Form 214; and ERB. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 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 her general (under honorable conditions) discharge to honorable. The applicant's available record of service, and the issues and documents submitted with her application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of her 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 serious incidents of misconduct, the applicant knowingly risked a military career and marred the quality of her service that ultimately caused her discharge from the Army. 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 she should have been retained on Active Duty. The service record further reflects that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14- 12c(1), block 26 separation code as "JKD," and block 28, narrative reason for separation as "Misconduct (AWOL)." Therefore and as approved by the separation authority, the following administrative corrections are warranted: a. block 25, separation authority to AR 635-200, Chapter 14-12c; b. block 26, separation code to JKQ; c. block 28, reason for separation to Misconduct (Serious Offense). The applicant's contentions regarding her behavioral health issues were carefully considered. However, the service record contains no evidence of any behavioral health diagnoses and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. If the applicant desires a personal appearance hearing, it would be her responsibility to meet the burden of proof and provide the appropriate documents (i.e., documentary evidence of behavioral health diagnosis by a competent medical authority), for the Board's consideration because they are not available in the official record. In consideration of the applicant's service accomplishments and quality of her service prior to the incidents of misconduct, the Board can find that her complete period of service was or was not sufficiently mitigating to warrant an upgrade of her characterization of service. The available record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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 28 August 2020, and by a 5-0 vote, the Board determined that the discharge was improper. Based on the applicant's quality of service, to include combat service, the circumstances surrounding the discharge (in-service PTSD diagnosis), and prior period of honorable service, the proper discharge and separation procedures were not followed in this case. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable, 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 AR20190010762 1