1. Applicant's Name: a. Application Date: 13 July 2020 b. Date Received: 13 July 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. The applicant seeks relief contending, in effect, the discharge was unjust because it was based on a single incident out of 6 years of honorable service. The applicant served in senior portions as a specialist and was previously a petroleum supply specialist and reclassified to military police. b. Board Type and Decision: In a records review conducted on 2 August 2023, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's Military Sexual Trauma outweighing the applicant's fraud offense. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to Honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), with a corresponding separation code of JKN, and the reentry code to RE-3. 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: Misconduct (Serious Offense) / AR 635-200, Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 2 May 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 March 2013 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 27 December 2012, the applicant made a fraudulent claim against the United States of a value of about $3,000. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 28 March 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 17 April 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 April 2012 / 6 years b. Age at Enlistment / Education / GT Score: 29 / High School Graduate / 102 c. Highest Grade Achieved / MOS / Total Service: E-4 / 31B10, Military Police / 5 years, 11 months, 10 days d. Prior Service / Characterizations: RA, 23 May 2007 - 18 April 2012 / HD e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: ARCOM, AAM-6, AGCM, NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report dated 17 January 2013, investigating the applicant for fraud involving household goods and movement on post. DA Form 4856 (Developmental Counseling Form) dated 12 February 2013, in reference to the applicant's separation counseling. CG Article 15, dated 25 March 2013, for presenting for approval a claim against the finance officer at the Personal Property Office in the amount of $5,023.96 for a personally procured move of household goods with a rented vehicle, which claim was false in the amount of about $3,000.00 in that the applicant did not move household goods with the rented vehicle. The punishment consisted of a reduction to E-3; forfeiture of $470.00 pay (suspended); and extra duty for 14 days. DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)), dated 27 March 2013, reflects the applicant was flagged for involuntary separation/field initiated (BA) effective 27 March 2013. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: Veterans Affairs (VA) statement of service-connected disabilities, dated 1 October 2014, reflecting the applicant was rated 70 percent disability for post-traumatic stress disorder (PTSD) (previously rated as adjustment disorder with anxiety and depressed mood). (2) AMHRR Listed: Report of Mental Status Evaluation, dated 27 February 2013, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand and participate in administrative proceedings; could appreciate the difference between right and wrong; and met medical retention requirements. The applicant had been screened for PTSD and traumatic brain injury (TBI) with negative results. The conditions were either not present or did not meet AR 40-501 criteria for a medical evaluation board. The command was advised to consider the influence of these conditions. The applicant was at the time enrolled in the Army Substance Abuse Program. The applicant was diagnosed with adjustment disorder with anxious mood. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 214; Enlisted Record Brief; VA statement of service-connected disabilities; VA Decision Review Officer Decision letter; Associates of Applied Science Degree; three character references; self-authored statement; resume; performance appraisal. 6. POST SERVICE ACCOMPLISHMENTS: The applicant graduated from Daymar College as Magna Cum Laude with an Associates of Applied Science in Human Resource Management, was a recipient of the 2015 Changing Lives Award, and inducted into the Alpha Beta Kappa Society. The applicant is also working toward a bachelor's degree. The applicant has been an active member in the Tennessee Patriot Guard Riders since 2017; providing flag line and final respects to military, law enforcement, firefighters and emergency medical technicians. While employed with the Department of VA, the applicant has volunteered to assist veterans assigned to the long-term care wing in visiting and exploring the booths that vendors setup on the Alvin C. York campus. The applicant planned and executed a donation drive and a convoy to help the victims of Hurricane Harvey in the Houston area (September 2017), Hurricane Michael along the Florida Panhandle (October 2018), and Hurricane Florence along the North Carolina coast (September 2018), by driving water, food and hygiene items to veterans and VA employees. 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) 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 14-12c prescribes 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. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 12c, misconduct (serious offense). 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, the issues, and documents submitted with the application were carefully reviewed. The applicant contends, in effect, the discharge was unjust because it was based on a single incident out of 6 years of honorable service. Army Regulation 635-200, paragraph 3-5, 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 Board will consider the applicant's service accomplishments and the quality of service according to the DODI 1332.28. The third party statements provided with the application speak highly of the applicant. They all recognize the applicant's good conduct after leaving the Army. 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: The applicant was diagnosed in-service with an Adjustment Disorder, Depressive Disorder NOS, and Adult Sexual Assault victim. Post-service, applicant is service connected for Post Traumatic Stress Disorder secondary to Military Sexual Trauma. (2) Did the condition exist or experience occur during military service? Yes. The applicant was diagnosed in-service with an Adjustment Disorder, Depressive Disorder NOS, and Adult Sexual Assault victim, MST. (3) Does the condition or experience actually excuse or mitigate the discharge? No. The Board's Medical Advisor applied liberal consideration and opined that the applicant's diagnoses and MST do not mitigate the basis for separation; the misconduct does not have a nexus with trauma. (4) Does the condition or experience outweigh the discharge? Yes. After applying liberal consideration to the evidence, including the Board Medical Advisor opine, the Board determined that the applicant's Military Sexual Trauma outweighed the applicant's offense of making a fraudulent claim of $3,000. b. Response to Contention(s): (1) The applicant contends, in effect, the discharge was unjust because it was based on a single incident out of 6 years of honorable service. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's MST fully outweighing the applicant's fraudulent claim offense. (2) The applicant contends striving to be an outstanding civilian. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's MST fully outweighing the applicant's fraudulent claim offense. c. The Board determined the discharge is inequitable based on the applicant's Military Sexual Trauma outweighing the applicant's fraud offense. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to Honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), with a corresponding separation code of JKN, and the reentry code to RE-3 d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's MST outweighed the applicant's fraud offense. Thus, the prior characterization is no longer appropriate. (2) The Board voted to change the reason for discharge to Misconduct (Minor Infractions) under the same pretexts, thus the reason for discharge is no longer appropriate. The SPD code associated with the new reason for discharge is JKN. (3) The RE code will change to RE-3. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason / SPD Code to: Misconduct (Minor Infractions)/JKN d. Change RE Code to: RE-3 e. Change Authority to: AR 635-200, paragraph 14-12a 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 AR20200008811 1