1. Applicant's Name: a. Application Date: 25 October 2019 b. Date Received: 29 October 2019 c. Previous Records Review: AR20100023294, 3 June 2011 (Reconsideration based on current liberal considerations guidance) d. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to upgrade his under other than honorable conditions discharge to general (under honorable conditions) or honorable and to change the narrative reason for his discharge. The applicant seeks relief contending, in pertinent part and in effect, he has been diagnosed with having Bipolar disorder and depression for over 10 years. He believes his symptoms began well before his diagnoses, and that they were the cause of the behaviors, which led to his discharge. He began using drugs in attempting to manage his symptoms. He had requested help with his drug use, but was not placed in a program. He was admitted to an inpatient psychiatric treatment at an Army Hospital after his first AWOL. He tried managing his symptoms, but six weeks later, he went AWOL, again, when it all became too overwhelming. He did not understand what was happening to him at the time, so he was unable to advocate for himself. His life was completely out of control. Those around him had reasons to know he was mentally ill. On 4 February 2005, his medical evaluation concluded he needed "FU at the VA" for his mental health issues. His developmental counseling of 23 February 2005, contains very little information. Since his discharged, he went from one psychiatric admission to another. He has been hospitalized over 20 times and still struggles to manage his symptoms. Medical records of his hospitalizations show his efforts to manage his life. He deserves a medical discharge or a General discharge in recognition of the mental health issues that started while he was in the service. He tried to being a good Soldier, but he was not able to achieve that. The applicant asserts that by its nature, a mental illness is difficult to see in yourself, and when it began. When he previously applied for an upgrade, he was just coming to terms with his Bipolar Disorder and Depression. He has since received suggestions to request changes to his discharge. Currently, after more treatments, he realizes his mental illness was behind his problems, including his substance abuse disorder. He was unable to fully comprehend his own actions, until he entered into more treatments. 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, Personality Disorder, and Polysubstance Abuse. The applicant is not service-connected from the VA. The VA has also diagnosed the applicant with Depressive Disorder, Major Depressive Disorder (MDD), various Substance Use Disorders, and assessment for Personality Disorder While liberal consideration was applied, documentation is insufficient to determine the applicant had a psychiatric condition mitigating the basis for separation. In a records review conducted at Arlington, VA on 2 October 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, 27, and 28, contain erroneous entries. In view of the erroneous entries, the Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c, b. block 26, separation code changed to JKQ, c. block 27, reentry code changed to 3 d. block 28, narrative reason for separation changed to Misconduct (Serious Offense). (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct / AR 635-200, Paragraph 14-12c(2) / JKK / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 11 March 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 February 2005 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was absent without leave from his unit on two separate occasions, on 29 December 2004, and remained absent until 30 December 2004, and on 17 February 2005, and remained absent until 21 February 2005. The applicant also tested positive for Cocaine on two separate occasions, on 7 January 2005, and on 28 January 2005. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 24 February 2005 (5) Administrative Separation Board: Unconditionally waived, 24 February 2005 (6) Separation Decision Date / Characterization: 1 March 2005 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 January 2004 / 4 years b. Age at Enlistment / Education / GT Score: 17 / GED / 93 c. Highest Grade Achieved / MOS / Total Service: E-3 / 42A1P, Human Resources Specialist / 1 year, 2 months, 7 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: An electronic copy of DD Form 2624 (Specimen Custody Document - Drug Testing), dated 18 January 2005, indicates the specimen collected on 7 January 2005, on an "IR" (Inspection, Random) basis, provided by the applicant, tested positive for Cocaine. An electronic copy of DD Form 2624 (Specimen Custody Document - Drug Testing), dated 7 February 2005, indicates the specimen collected on 28 January 2005, on an "IR" (Inspection, Random) basis, provided by the applicant, tested positive for Cocaine. DA Forms 4187 (Personnel Actions) for the following changes in duty status: On 10 January 2005, from hospital to PDY. On 17 February 2005, from PDY to AWOL. On 21 February 2005, from AWOL to PDY. FG Article 15, dated 8 February 2005, for being AWOL on 29 December 2004 to 30 December 2004, and breaking restriction on 29 December 2004. The punishment consisted of a reduction to E-1, forfeiture of $27 pay per month for two months (suspended), and 45 days of extra duty and restriction. Counseling statement for committing a serious offense and separation under paragraph 14- 12c. Medical Record on Mental Status Evaluation, dated 10 February 2005, indicates that there was no evidence of any psychiatric condition which would warrant disposition through medical channels. The applicant was psychiatrically cleared for any administrative action deemed appropriate by his command. i. Lost Time / Mode of Return: Five days (AWOL on 29 December 2004 to 29 December 2004, for one days, and on 17 February 2005 to 20 February 2005, for four days) / Records indicates the applicant returned to his unit after each AWOL period. j. Diagnosed PTSD / TBI / Behavioral Health: Pre-separation Counseling Checklist, dated 22 February 2005, indicates the applicant was "unavailable for signature due to mental issues." Applicant's documentary evidence: Discharge Summaries provide admitting diagnoses as bipolar disorder; alcohol use disorder; cannabis use disorder; major depressive disorder, recurrent severe, with psychotic features; and AXIS I as major depressive disorder, recurrent; and discharge diagnoses as bipolar, most recent episode depressed, severe without psychosis; bipolar 1 disorder, depressed; PTSD; and AXIX IV as psychosocial stressors: homeless. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 25 October 2019; DD Form 214; two DA Form 4187, dated 5 January 2005 and 12 January 2005; counseling statement, dated 23 February 2005; DD Form 2697 (page 2), dated 14 February 2005; Pre-Separation Counseling Checklist; six Discharge Summaries, dated 27 April and 3 May 2019, 12 and 20 May 2019, 16 and 19 October 2018, 12 and 27 November 2017, 29 August and 3 September 2015, and 7 and 9 June 2011. 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 to upgrade his under other than honorable conditions discharge to general (under honorable conditions) or honorable and to change the narrative reason for his discharge. The applicant's available record of service, and 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. By the serious incidents of misconduct, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the Army. 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(2), block 26 separation code as "JKK," block 27 reentry code as "RE-4," and block 28, narrative reason for separation as "Misconduct." 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 27, reentry code to 3; and d. block 28, reason for separation to Misconduct (Serious Offense). 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's contentions regarding the diagnosis of PTSD, were carefully considered. A careful review of the applicant's documentary evidence indicates the applicant's behavioral health issues symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. The applicant contends that he deserves a medical discharge, perhaps an indication to change the narrative reason; however, the narrative reason for his separation is governed by specific directives and as approved by the separation authority. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 14, paragraph 14-12c is "Misconduct (Serious Offense)," and the separation code is JKQ. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Insofar as deserving a medical discharge or should have been medically discharged, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. 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 2 October 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, 27, and 28, contain erroneous entries. In view of the erroneous entries, the Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12c, b. block 26, separation code changed to JKQ, c. block 27, reentry code changed to 3 d. block 28, narrative reason for separation changed to Misconduct (Serious Offense). 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No change c. Change Reason to: Misconduct (Serious Offense) d. Change Authority to: AR 635-200, paragraph 14-12c e. Change SPD / RE Code to: JKQ / 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 AR20200000723 6