Applicant's Name: a. Application Date: 17 August 2019 b. Date Received: 20 August 2019 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant through counsel requests an upgrade of general (under honorable conditions) discharge to honorable, a narrative reason change, and a reentry eligibility (RE) code change. The applicant seeks relief contending, in effect, the separation was based on two incidents that occurred in quick succession while the applicant was suffering from ongoing symptoms related to a Traumatic Brain Injury (TBI) suffered in a parachuting accident. As demonstrated in the allied legal brief, under recent guidance applicable to TBI-related cases, the nature of applicant's TBI and related symptoms mitigate and outweigh the discharge and warrant relief. Counsel states, the applicant's performance during this time was satisfactory and earned a National Defense Service Medal, Army Service Ribbon, three Certificates of Achievement, a Global War on Terrorism Service Medal, an Army Achievement Medal and an Army Commendation Medal. The applicant was promoted in due course to Specialist and reenlisted for a period of four years. The evidence demonstrates that applicant exhibited significant physical and behavioral changes after the TBI incident. Although, the applicant expressed to behavioral health personnel about having problems with the chain of command before the TBI, there is no evidence of any formal discipline or documentation of behavioral issues similar to those that formed the basis for involuntary separation. After the TBI, the applicant reported headaches, fatigue, sleepiness, irritability, difficulty concentrating, and memory issues. Since discharge, the applicant has made a sustained effort to professionally and personally rehabilitate oneself. Following the separation, the applicant pursued completed a basic fire fighter certification and earned an honors list certificate for academic achievement from Houston Community College. The applicant also pursued a Bachelor of Science in criminal justice administration with an associate of arts in criminal justice from the University of Phoenix. These sustained, ongoing post-separation professional pursuits demonstrate that applicant's behavior for which the applicant was separated was isolated and not indicative of overall character and comportment. If the ADRB truly takes into consideration post-service conduct when evaluating whether to grant equitable relief, it should exercise its equitable authority in this case. Counsel further details the contentions in an allied legal brief submitted with the application. The evidence of record reflects the applicant had a prior records review conducted at Arlington, VA on 27 March 2019. 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 Post-Concussive Syndrome. The applicant is 10% service-connected for mTBI from the VA. The VA has also diagnosed the applicant with Major Depressive Disorder, Anxiety Disorder, Adjustment Disorder, Antisocial Personality Traits, and Personality Disorder Traits. In summary, the applicant does not have a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a Travel Panel hearing conducted at Warner Robins AFB, GA on 4 February 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (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: 1 September 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 July 2015 (2) Basis for Separation: The applicant was informed of the following reasons: for with intent to deceived, made to Sergeant G.N., an official statement, to wit: his barracks room was clear and empty, "or words to that effect, which statement was totally false, and was then known to his to be so false on 13 April 2015; With intent to deceive, made to Sergeant G.N., an official statement, to wit: "The barracks officer was booked and he had to schedule an appointment to clear his room on 23 April 2015," or words to that effect, which statement was false in the Sergeant G.N. rescheduled his barracks room clearing appointment to an earlier date without any booking issues, and was then known by him to be so false on 13 April 2015; Without authority, went from his appointed place of duty, to wit: 2305 hours motor pool guard on 23 May 2015; and, Was disrespectful in deportment toward Sergeant D.P., a noncommissioned officer, then know by him to be a noncommissioned officer, who was then in the execution of his office, by rolling his eyes and walking away while he was talking to him on 23 May 2015. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 27 July 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 March 2015 / 4 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 120 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M1P, Motor Transport Operator / 3 years, 1 month, 22 days d. Prior Service / Characterizations: RA, 10 July 2012 - 3 March 2015 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: ARCOM, AAM, NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of his VA disability rating decision, dated 19 April 2018, which reflects the applicant was rated 10 percent disability for TBI. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Legal brief, with all listed enclosures; VA statement of service-connected disabilities; VA Rating decision; VA Summary of benefits letter; DA Form 3349; Supplemental Guidance to Military Board for Correction of Military/Naval Records; Consideration of Discharge Upgrade requests Pursuant to Supplemental Guidance; case separation packet; ADRB Case, Report, Directive; medical records. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge he has pursued of both an Associates and Bachelor's Degree as well as graduation from the Huston Fire Fighter's Academy. 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 14-12b 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. 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. 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 through counsel requests an upgrade of his general (under honorable conditions) discharge to honorable, a narrative reason change, and a reentry eligibility (RE) code change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that 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. 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 contends the narrative reason for the discharge should be changed. However, 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 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 applicant also contends that his misconduct was the result of a TBI he received from an airborne jump. However, the available record does not support this contention. The fact the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty does not support a conclusion that this condition rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. The applicant contends the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends that he had good service. 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 applicant is to be commended for his accomplishments. The requests an RE code change. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None b. The applicant presented the following additional contention(s): Applicant and counsel provided oral arguments in support of the contentions they provided in their written submissions and in support of their documentary evidence c. Witness(es) / Observer(s) / Counsel: 10. BOARD DETERMINATION: In a Travel Panel hearing conducted at Warner Robins AFB, GA on 4 February 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change 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 AR20190011296 3