1. Applicant's Name: a. Application Date: 16 June 2019 b. Date Received: 24 July 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 conditions. The applicant seeks relief contending, in effect, her discharge was inequitable because she received a medical diagnosis for major depression, anxiety, and placed in the bipolar spectrum severe and/or chronic psychiatric symptoms. She was medicated with mood stabilizers on 25 September 2015. The applicant has a diagnosis and record of her hospitalizations at Cumberland Hall Hospital. She never received any Article 15s or disciplinary actions for behavioral issues. The applicant's discharge was based off one incident where her commander investigated her husband during the time she was separated from him. She was trying to get a restraining order against her husband at the time and the incident resulted in pre-trial confinement and a Chapter 10. The applicant further details her contentions in an allied self-authored statement provided with the application. In a records review conducted on 9 February 2022, and by a 5 - 0 vote, the Board voted after carefully examining the applicant's record of service during the period of enlistment under review and all other evidence presented, the Board determined that clemency is warranted based on partial medical mitigation. Accordingly, the Board voted to grant relief by upgrading the applicant's characterization of service to General, Under Honorable Conditions. 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: In Lieu of Trial by Court-Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 12 January 2018 c. Separation Facts: d. Date Charges Preferred (DD Form 458, Charge Sheet): On 12 December2017, the applicant was charged with: Charge I: Violating Article 86, UCMJ: Two specifications: for being AWOL from 1 December 2017 until 7 December 2017; and from 29 September 2017 until 12 October 2017. Charge II: Violating Article 91, UCMJ, for willfully disobeying a lawful order on 17 November 2017. Charge III: Violating Article 107, UCMJ, on or about 11 September 2017, with intent to deceive, made an official statement, to wit: her car was stolen, which statement was totally false. Charge IV: Violating Article 112a, UCMJ, on or about 12 September 2017 and on or about 12 October 2017, wrongfully use marijuana. Charge V: Violating Article 121, UCMJ, between on or about 25 July 2017 and on or about 11 October 2017, steal Basic Allowance for Housing, military property greater than $500. (1) Legal Consultation Date: 20 December 2017 (2) Basis for Separation: Pursuant to the applicant's request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Separation Decision Date / Characterization: 3 January 2018 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 November 2014 / 3 years, 31 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 103 c. Highest Grade Achieved / MOS / Total Service: E-4 / 35S1P, Signals Collector/ Analyst / 3 years, 2 months, 10 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3d. Report to Suspend Favorable Personnel Actions (Flag), dated 3 January 2018, for involuntary separation. i. Lost Time / Mode of Return: AWOL for 19 days, from 29 September 2017 to 12 October 2017; and, 1 December 2017 to 7 December 2017. These periods are not annotated on the DD Form 214 block 29. j. Diagnosed PTSD / TBI / Behavioral Health: Patient Medical Record, dated 9 January 2019, the applicant did not request a medical examination or mental status evaluation. The applicant was diagnosed with: Anxiety Disorder, Alcohol-Induced Disorder, Adjustment Disorder, Major Depression Disorder, Insomnia, and Suicidal Ideations. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Enlisted Record Brief; nine third-party letters; case separation packet; medical records; copies of military personnel records; self- authored statement. 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), 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) 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 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. (6) Paragraph 10-8a stipulates a discharge under other than honorable conditions normally is appropriate for a Soldier who is discharged in lieu of trial by court-martial. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record during the current enlistment. (See chap 3, sec II.) (7) Paragraph 10b stipulates Soldiers who have completed entry-level status, characterization of service as honorable is not authorized unless the Soldier's record is otherwise so meritorious that any other characterization clearly would be improper. (8) Chapter 15 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 memoranda. Secretarial separation authority is normally exercised on a case-by-case basis. 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 "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 10, In Lieu of Trial by Court-Martial. 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-4 Applies to: Person separated from last period of service with a nonwaiverable disqualification. This includes anyone with a DA imposed bar to reenlistment in effect at time of separation, or separated for any reason (except length of service retirement) with 18 or more years active Federal service. Eligibility: Ineligible for enlistment. 8. SUMMARY 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 AMHRR record of service, the issues and documents submitted with the application were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. The applicant, in consultation with legal counsel, voluntarily requested, in writing, a discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense, and indicated an understanding an under other than honorable conditions discharge could be received, and the discharge would have a significant effect on eligibility for veterans' benefits. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. The applicant contends her discharge was inequitable because she received a medical diagnosis for major depression, anxiety, and placed in the bipolar spectrum severe and/or chronic psychiatric symptoms. The record shows the applicant underwent a mental status evaluation (MSE) on 25 August 2015, which indicates the applicant was mentally responsible and was able to recognize right from wrong. The applicant was diagnosed with: Anxiety Disorder, Alcohol-Induced Disorder, Adjustment Disorder, Major Depression Disorder, Insomnia, and Suicidal Ideations. The MSE was considered by the separation authority. The applicant contends the discharge should have been for medical reasons. Army Regulation 635-200, in pertinent part, stipulates commanders will not separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. The applicant contends the event which led to the discharge from the Army was an isolated incident. 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 family issues affected behavior and ultimately caused the discharge. There is no evidence in the AMHRR the applicant ever sought assistance before committing the misconduct, which led to the separation action under review. The applicant contends good service and never received any Article 15s or disciplinary action for behavioral issues. 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: Did the applicant have a condition or experience that may excuse or mitigate the discharge? (1) Yes. The Board's Medical Advisor, a voting member, reviewed the applicant's DOD and VA health records, applicant's statement, and/or civilian provider documentation. The applicant held multiple diagnoses in-service to include Major Depressive Disorder, Anxiety Disorder NOS, Adjustment Disorder, Mood Disorder NOS, and likely Personality Disorder with Alcohol Dependence and Cannabis Use Disorders. The applicant had contact with FAP for IPV; however, details and status was unknown. (2) Did the condition exist or experience occur during military service? Yes. The applicant held multiple diagnoses in-service to include Major Depressive Disorder, Anxiety Disorder NOS, Adjustment Disorder, Mood Disorder NOS, and likely Personality Disorder with Alcohol Dependence and Cannabis Use Disorders. (3) Does the condition or experience actually excuse or mitigate the discharge? Partially. The Board's Medical Advisor determined that the medical condition or experience partially mitigates the basis of separation. While liberal consideration was applied, the applicant's misconduct is not fully mitigated by the diagnoses. Although it is more likely than not the applicant's characterological difficulties fueled the behavior, records do document longstanding depression which could partially mitigate the AWOLs and marijuana use. (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 characterological difficulties fueled the behavior, records do document longstanding depression which could partially mitigate the AWOLs and marijuana use. As a result, the ADRB applied liberal consideration and found that the cause for separation is partially mitigated by BH condition of in-service to include Major Depressive Disorder, Anxiety Disorder NOS, Adjustment Disorder, Mood Disorder NOS, and likely Personality Disorder with Alcohol Dependence and Cannabis Use Disorders for the reasons listed in (3) above. The applicant's offenses of disobeying a lawful order, stealing and official false statement with the intent to deceive are not medically mitigated, as there is no nexus between these behaviors and the BH conditions listed. b. Response to Contention(s): (1) The applicant contends the discharge was inequitable because of receiving a medical diagnosis for major depression, anxiety, and placed in the bipolar spectrum severe and/or chronic psychiatric symptoms. The Board determined that this contention was valid and voted to upgrade the characterization of service due to partial medical mitigation based upon Major Depressive Disorder, Anxiety Disorder NOS, Adjustment Disorder, Mood Disorder NOS, and likely Personality Disorder with Alcohol Dependence and Cannabis Use Disorders diagnoses, which mitigated AWOLs and marijuana use. (2) The applicant contends good service. The Board determined the applicant's discharge was appropriate because the quality of the applicant's 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 disobeying a lawful order, stealing and official false statement with the intent to deceive, the applicant diminished the quality of service below that meriting an honorable discharge at the time of separation. (3) The applicant contends the discharge should have been for medical reasons. The Board reviewed the applicant's DOD and VA health records, determined the applicant held multiple diagnoses in-service to include Major Depressive Disorder, Anxiety Disorder NOS, Adjustment Disorder, Mood Disorder NOS, and likely Personality Disorder with Alcohol Dependence and Cannabis Use Disorders. Therefore, the Board voted to upgrade the characterization of service. (4) The applicant contends the event which led to the discharge from the Army was an isolated incident and family issues affected behavior, which ultimately caused the discharge. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted. The applicant's BH diagnoses are Major Depressive Disorder, Anxiety Disorder NOS, Adjustment Disorder, Mood Disorder NOS, and likely Personality Disorder with Alcohol Dependence and Cannabis Use Disorders, which partially outweighed the applicant's disobeying a lawful order, stealing and official false statement with the intent to deceive bases for separation. c. The Board voted after carefully examining the applicant's record of service during the period of enlistment under review and all other evidence presented, the Board determined that clemency is warranted based on partial medical mitigation. Accordingly, the Board voted to grant relief by upgrading the applicant's characterization of service to General, Under Honorable Conditions. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to General Under Honorable Conditions because the applicant had BH conditions which mitigated the applicant's misconduct of marijuana abuse and AWOL. However, the misconduct of disobeying a lawful order, stealing and official false statement with the intent to deceive was not medically mitigated. Thus the prior characterization is no longer appropriate. (2) The Board voted not to change the applicant's reason for discharge or accompanying SPD code under the same pretexts, and the reason the applicant was discharged was both proper and equitable. (3) The RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions c. Change Reason / SPD Code to: No Change d. Change RE Code to: No Change e. Change Authority to: No Change 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 AR20190013619 6