1. Applicant's Name: a. Application Date: 5 August 2020 b. Date Received: 5 August 2020 c. Counsel: None 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 along with a separation program designator (SPD) code and narrative reason change. The applicant seeks relief contending, in effect, the discharge was improper due to stressors resulting from a sexual harassment case which the applicant reported. The case left the applicant vulnerable and emotionally unavailable. The applicant sought out therapy after an intra-post transfer but shortly after the transfer, the applicant's brother was murdered. The applicant entered into a deep depression during pregnancy. The applicant received a memorandum to conduct PT individually, but the command would not honor it and decided to pursue separation since the applicant was not attending regular PT formation. The applicant worked hard up until the day the applicant was separated. b. Board Type and Decision: The Board carefully considered the: applicant's request, supporting documents, evidentiary record, medical review, and published Department of Defense guidance for liberal consideration of discharge upgrade requests. The Board unanimously (vote of 5-0) concurred with the medical advisor that the stressors from a reported MST do mitigate/provide a nexus for the misconduct (multiple counts of failing to be at the appointed place of duty). The Board unanimously (vote of 5-0) upgraded the discharge to Honorable with a narrative reason change to SA (separation code JFF). 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 27 July 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 June 2018 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant failed to report to the appointed place of duty on 16 separate occasions. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 26 June 2018, the applicant consulted with legal counsel and was advised of the rights available to the applicant. However, the evidence in the AMHRR reflects the applicant did not sign the election of rights form. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 19 July 2018 / General (Under Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 July 2014 / 5 years, 35 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25B10, IT Specialist / 3 years, 11 months, 29 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant was counseled on multiple occasions for failure to report. A search of the Army Criminal File Indexes revealed no records pertaining to the applicant. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: The applicant provides evidence from the VA reflecting a 100-percent disability rating for PTSD. (2) AMHRR Listed: A Report of Mental Status Evaluation (MSE), dated 5 June 2018, reflects the applicant could understand and participate in administrative proceedings and could appreciate the difference between right and wrong. The applicant was diagnosed with Major Depressive Disorder, current, moderate (Bereavement) and Occupational Stressors. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293-2, VA Letter, dated 12 June 2020, VA Disabilities List, DD Form 214, Letters of Support from Separation File, 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) 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. (5) Paragraph 14-3 prescribes a discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record. (6) 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. (7) 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 "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. 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 along with an SPD code and narrative reason change. The applicant's Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. The applicant requests the narrative reason and the SPD code for the discharge be changed. 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 635-8, Separation Processing and Documents, governs the preparation of the DD Form 214, and dictates the entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be listed in tables 2-2 or 2-2 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation stipulates no deviation is authorized. There is no provision for any other reason or SPD code to be entered under this regulation The applicant contends the discharge was improper due to stressors resulting from a sexual harassment case which the applicant reported. The case left the applicant vulnerable and emotionally unavailable. The applicant sought out therapy after an intra-post transfer but shortly after the transfer, the applicant's brother was murdered. A search of the Army Criminal file indexes revealed no records pertaining to the applicant. Further, the applicant had many other legitimate avenues through which to obtain assistance or relief, and there is no evidence in the record that the applicant sought such assistance before committing the misconduct which led to the separation action under review. The applicant entered a deep depression during pregnancy. The applicant's AMHRR contains documentation which supports a diagnosis of in-service Depressive Disorder, current, moderate (Bereavement). The AMHRR shows the applicant underwent a MSE on 5 June 2018, which reflects the applicant could understand and participate in administrative proceedings and could appreciate the difference between right and wrong. The MSE was considered by the separation authority. The applicant provides evidence from VA reflecting a 100-percent disability rating for PTSD. The applicant received a memorandum to conduct PT individually, but the command would not honor it and decided to pursue separation since the applicant was not attending regular PT. The 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 applicant worked hard up until the day the applicant was separated. The Board will consider the applicant's service accomplishments and the quality of service according to the DODI 1332.28. 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/experiences: Major Depressive Disorder (MDD) (100%SC); Anxiety DO NOS; Other mental disorders complication pregnancy, second and third trimesters, PTSD; Other Unspecified Trauma-Related DO. (2) Did the condition exist, or experience occur during military service? Yes. The Board's Medical Advisor found that MDD and PTSD occurred during military service. (Note-due to symptom overlap, Other Mental Disorders Complicating Pregnancy is subsumed under MDD; Other Unspecified Trauma-Related DO and Anxiety DO NOS are subsumed under PTSD). (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that the applicant has a mitigating diagnosis/experience due to PTSD/MST. As there is an association between PTSD, MST and avoidant behaviors, there is a nexus between PTSD/MST conditions and applicant multiple FTRs. Review of the military medical records indicates that the applicant's pregnancy exacerbated the underlying PTSD condition which resulted in the applicant experiencing excessive anxiety and fear whenever around groups of people, especially males. (4) Does the condition or experience outweigh the discharge? Yes. After applying liberal consideration, the Board determined that the applicant's PTSD and MST outweighed the basis for separation (multiple FTRs). b. Response to Contention(s): (1) The applicant requests an upgrade to honorable along with a separation program designator (SPD) code and narrative reason change. The Board considered this contention during proceedings and unanimously voted to grant an upgrade based on the service length, quality of service, circumstances surrounding the discharge, and behavioral health conditions. (2) The applicant contends the discharge was improper due to stressor resulting from a sexual harassment case which the applicant reported. The case left the applicant vulnerable and emotionally. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the information outlined above in 9b (1). (3) The applicant entered a deep depression during pregnancy. The Board considered this contention and the applicant's statement of deep depression during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's diagnosis outlined in 9a (1) outweighing the applicant's multiple FTRs basis for separation. (4) The applicant received a memorandum to conduct PT individually, but the command would not honor it and decided to pursue separation since the applicant was not attending regular PT. The Board considered this contention during proceedings and after a review of the applicant's service record there was no indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met. The rights of the applicant were fully protected throughout the separation process. c. The Board unanimously (vote of 5-0) concurred with the medical advisor that the stressors from a reported MST do mitigate/provide a nexus for the misconduct (multiple counts of failing to be at the appointed place of duty). The Board unanimously (vote of 5-0) upgraded the discharge to Honorable with a narrative reason change to SA (separation code JFF). d. Rationale for Decision: (1) The Board unanimously voted to change applicant's characterization of service to Honorable because the applicant's mitigating factors. (2) The Board voted to change the reason for discharge to Secretarial Authority under the same pretexts, thus the reason for discharge is no longer appropriate. The SPD code associated with the new reason for discharge is JFF. (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 / Separation Order: Yes b. Change Characterization to: Honorable c. Change Reason / SPD code to: Secretarial Authority / JFF d. Change RE Code to: No Change e. Change Authority to: AR 635-200, Chapter 15 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 AR20200007577 1