1. Applicant's Name: a. Application Date: 18 May 2020 b. Date Received: 22 May 2020 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: a. Applicant's Requests and Issues: The current characterization of service for the period under review is general (under honorable conditions). The applicant requests an upgrade to honorable. The applicant seeks relief contending, in effect, that the discharge characterization was improper as a violation of AR 635-200 in that the applicant was not provided the evidence warranting a general (under honorable conditions) discharge and that the applicant did not have an opportunity to respond. Also, the applicant was not given an opportunity to overcome alleged deficiencies. b. Board Type and Decision: In a records review conducted on 24 May 2023, and by a 4-1 vote, the Board determined that the characterization of service was improper. The record indicates the applicant was not notified of any specific factors which would warrant a general (under honorable conditions) characterization of service. Therefore, the characterization not being proper and equitable, the Board granted relief in the form of an upgrade of the applicant's characterization of service to Honorable. The Board determined the narrative reason, SPD code, and RE code were proper and equitable and voted not to change them. 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: Condition, not a Disability / AR 635- 200, Chapter 5-17 / JFV / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 16 May 2019 c. Separation Facts: NIF; however, documents submitted by the applicant with the application indicates the following; (1) Date of Notification of Intent to Separate: 12 April 2019 (2) Basis for Separation: The applicant was informed of the following reasons: for having been recommended for administrative separation due to multiple medical and orthopedic conditions evaluated by the applicant's provider which prohibited the applicant from completing basic Soldier skills and military duties. (3) Recommended Characterization: General (Under Honorable Conditions) In a memorandum thru Commander, 1st Battalion, 13th Aviation Regiment, 1st Aviation Brigade, Fort Rucker, subject "Commander's Report -Proposed Separation Under AR 635-200, Chapter 5-17, Other Designated Physical or Mental Conditions, the unit commander recommended the applicant be separated from the Army prior to the expiration of current term of service. The specific, factual reason(s) for action recommended was that the applicant had been recommended for administrative separation due to multiple medical and orthopedic conditions evaluated by the provider which prohibited the applicant from completing basic Soldier skills and military duties. The reason why the commander did not consider it feasible or appropriated to accomplish other disposition was stated as follows:" The SM should be separated from the Army prior to the expiration of current term of service with a characterization of general (under honorable conditions). SM has put forth subpar performance and has had a pattern of misconduct since assigned to this unit. Supporting counseling have been included in this packet illustrating the pattern of misconduct." (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 July 2015 / 5 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 126 c. Highest Grade Achieved / MOS / Total Service: E-4 / 12M10 Fire Fighter / 3 years, 11 months, 10 days d. Prior Service / Characterizations: RA, 21 May 2013 to 28 June 2013 / UNC (Break-in-Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Counseling statement indicating the applicant was being recommended for an administrative separation under AR 635-200, Chapter 5, paragraph 17. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): As noted below (1) Applicant provided: Decision letter from the Department of Veterans indicating the applicant has been awarded 100 percent service-connected disabilities. The applicant was granted with an evaluation of 70 percent for major depressive disorder (claimed as anxiety, depression, PTSD) effective 17 May 2019, 50 percent for sleep apnea; and 20 and 10 percent for 12 other medical issues. (2) AMHRR Listed: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; six-page legal brief; enlisted record brief, personal statement; MRI results from 2017; documents from separation packet to include legal documents appealing the pending discharge; post-service legal memorandum; several letter of support; and post-service medical document from the Department of Veterans Affairs to include a decision letter awarding the applicant 100 percent service-connected disabilities. 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), dated 25 September 2019, 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 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, general (under honorable conditions), or an uncharacterized description of service if in entry-level status. A general (under honorable conditions) discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization. (5) Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier's ability to function in the military environment is significantly impaired. 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 "JFV" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-17, Condition, Not a Disability. 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-3 Applies to: Person who is not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waiverable. Eligibility: Ineligible unless a waiver is granted. 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 Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. The applicant's AMHRR is void of the complete facts and circumstances concerning the events which led to the discharge from the Army. However, evidence submitted by the applicant with the application indicates separation actions was initiated against the applicant for having been recommended for administrative separation due to multiple medical and orthopedic conditions evaluated by the applicant's provider which prohibited the applicant from completing basic Soldier skills and military duties. The applicant's AMHRR does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 5, paragraph 5-17, by reason of Condition, Not a Disability, with a characterization of service of general (under honorable conditions). The applicant seeks relief contending that the discharge characterization was improper as a violation of AR 635-200 in that the applicant was not provided the evidence warranting a general (under honorable conditions) discharge and that the applicant did not have an opportunity to respond. Also, the applicant was not given an opportunity to overcome alleged deficiencies. The applicant's contentions were noted; evidence submitted by the applicant, i.e., unit commander's recommendation memorandum, indicates administrative separation was due to multiple medical and orthopedic conditions prohibited the applicant from completing basic Soldier skills and military duties. The unit commander indicated in the recommendation memorandum that the reason why the applicant should be separated from the Army prior to the expiration of his current term of service with a characterization of general (under honorable conditions) was that the applicant had put forth subpar performance and had a pattern of misconduct since assignment to this unit. However, it should be noted; AR 635-200, Paragraph 5-1, states unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the Government will be awarded a character of service of honorable, general (under honorable conditions), or an uncharacterized description of service if in entry-level status. No Soldier may be awarded a character of service of general (under honorable conditions) under this chapter unless the Soldier is notified of the specific factors in his or her service record that warrant such a characterization, using the notification procedure. Such characterization is normally inappropriate for Solders separated under the provisions of paragraph 5-17. 9. BOARD DISCUSSION AND DETERMINATION: a. As directed by the 2017 memo signed by A.M. Kurta, the board considered the following factors: (1) Did the applicant have a condition or experience that may excuse or mitigate the discharge? 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 and found that the applicant has the following potentially-mitigating diagnoses: The applicant was diagnosed in-service with Adjustment Disorder, Generalized Anxiety Disorder, and Insomnia. Post-service, the applicant is service connected for Major Depression Disorder (MDD). (2) Did the condition exist or experience occur during military service? Yes. The applicant was diagnosed in-service with Adjustment Disorder, Generalized Anxiety Disorder, and Insomnia. (3) Does the condition or experience actually excuse or mitigate the discharge? No. The Board's Medical Advisor applied liberal consideration and opined that there was no medical mitigation due to an absence of information about the misconduct contributing to the General characterization. (4) Does the condition or experience outweigh the discharge? No. After applying liberal consideration to the evidence, including the Board Medical Advisor opine, the Board determined that while the applicant's Adjustment Disorder, Generalized Anxiety Disorder, Insomnia and Major Depression Disorder could outweigh the applicant's discharge, the Board was unable to determine whether the applicant's behavioral health conditions actually outweighed the applicant's discharge without the Board Medical Advisor determination on medical mitigation. Without knowing the facts and circumstances relating to the applicant's discharge, the Board is unable to determine if the applicant's behavioral health conditions outweigh the applicant's discharge. b. Response to Contention(s): (1) The applicant seeks relief contending that the discharge characterization was improper as a violation of AR 635-200 in that the applicant was not provided the evidence warranting a general (under honorable conditions) discharge and that the applicant did not have an opportunity to respond. Also, the applicant was not given an opportunity to overcome alleged deficiencies. The Board considered this contention and determined that it was valid. Therefore, the Board voted to upgrade the applicant's characterization of service to Honorable. (2) The applicant contends the applicant was not provided an opportunity to overcome the medical issues leading to the discharge by having the applicant's case referred to an MEB. The Board determined that this contention does not fall within the purview of the ADRB. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using a DD Form 293 regarding this matter. A DD Form 293 may be obtained from a Veterans' Service Organization or online at https://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd0293.pdf. c. The Board determined that the characterization of service was improper. The record indicates the applicant was not notified of any specific factors which would warrant a general (under honorable conditions) characterization of service. Therefore, the characterization not being proper and equitable, the Board granted relief in the form of an upgrade of the applicant's characterization of service to Honorable. The Board determined the narrative reason, SPD code, and RE code were proper and equitable and voted not to change them. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant was not notified of any specific factors which would warrant a general (under honorable conditions) characterization of service. 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 as 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: Honorable 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 AR20200007276 1