1. Applicant's Name: a. Application Date: 26 April 2021 b. Date Received: 26 April 2021 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 under other than honorable conditions. The applicant requests an upgrade to honorable. The applicant seeks relief contending, in effect, after graduating from AIT, the applicant was stationed in Alaska, an area which the applicant soon realized was extreme and affected the applicant's mental and physical capabilities in a negative manner. It was not until after a ten- month deployment from Mosul, Iraq, the signs of a damaged Soldier were visible. Depression and the inability to adapt to the normal society vigorously became a daily challenge. Initially, the applicant fought to conquer these discrepancies on their own, but the more the applicant fought as an individual, the weaker the applicant became. The applicant's performance, morals, and overall well-being plummeted. It became apparent the applicant needed professional help they reached rock-bottom. Countless nights of worry, self-pity, and worthlessness flushed the minimal positive thoughts the applicant tried to uplift their spirit. The applicant had battled these stressors for a long time, even after being discharged. The applicant can honestly say they are handling the mental challenges with professional care and the results are far more beneficial. The applicant's healing process is better than before and it was apparent no person could help the applicant until the applicant decided to help oneself. The applicant's type of discharge is viewed negatively and not becoming of the applicant. The applicant is asking for an upgrade which will no longer hinder the applicant's progression. b. Board Type and Decision: In a records review conducted on 26 September 2023, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's Post Traumatic Stress Disorder partially mitigating the applicant's misconduct, while the applicant's length and quality of service, to include combat service, outweighing an Under Other Than Honorable discharge. However, the applicant's misconduct fell below the level of meritorious service warranted for an upgrade to Honorable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to General. 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: Pattern of Misconduct / AR 635-200, Chapter 14-12b / JKA / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 29 July 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 March 2014 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 8 December 2013, the applicant was arrested for theft and fraudulent use of a credit card which did not belong to the applicant; On or about 17 December 2013, the applicant was apprehended by the Fort Wainwright Military Police for driving under the influence of sleeping pills; and, On or about 17 December 2013, the applicant refused to submit to a breathalyzer after being involved in a vehicle collision. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 12 March 2014 (5) Administrative Separation Board: On 12 March 2014, the applicant conditionally waived consideration of the case before an administrative separation board, contingent upon receiving a characterization of service no less favorable than general (under honorable conditions) discharge. On 21 April 2014, the applicant's conditional waiver was denied. On 23 April 2014, the applicant was notified to appear before an administrative separation board and advised of rights. On 16 June 2014, the administrative separation board convened, and the applicant appeared with counsel. The Board determined the three reasons listed in the notification memorandum were supported by a preponderance of the evidence. The board recommended the applicant's discharge with characterization of service of under other than honorable conditions. On 10 July 2014, the separation authority approved the findings and recommendations of the administrative separation board. (6) Separation Decision Date / Characterization: 10 July 2014 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 February 2013 / 3 years b. Age at Enlistment / Education / GT Score: 21 / High School Graduate / 108 c. Highest Grade Achieved / MOS / Total Service: E-4 / 89B10, Ammunition Specialist / 3 years, 11 months, 20 days d. Prior Service / Characterizations: RA, 4 August 2010 - 12 February 2013 / HD e. Overseas Service / Combat Service: Alaska, SWA / Iraq (31 January 2010 - 6 December 2011) f. Awards and Decorations: ARCOM, NDSM, GWOTSM, ICM-CS, NCOPDR, ASR, OSR-2, MOVSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The Commander's Report reflects the following non-judicial punishment: CG Article 15, 9 August 2013, for seven specifications of failing to go at the time prescribed to the appointed place of duty. The punishment consisted of a reduction to E-3, suspended; forfeiture of $443, suspended; and extra duty for 14 days; oral reprimand. Record Of Supplementary Action Under Article 15, UCMJ, 24 October 2013, reflects the suspended portion of the punishment imposed on 9 August 2013, was vacated for: Article 86, failure to go at the time prescribed to the appointed place of duty. i. Lost Time / Mode of Return: 5 days (NIF, 18 March 2014 - 23 March 2014) / NIF j. Behavioral Health Condition(s): (1) Applicant provided: Medical Record, Clinic Notes, 10 March 2014, reflects the applicant was being seen at Mental Health for the following problems: moderate recurrent major depression; adjustment disorder with disturbance of emotions; adjustment disorder; migraine headache; and adjustment insomnia. VA Rating Decision letter, 30 July 2014, reflects the applicant was granted 30 percent disability for depressive disorder claimed as chronic adjustment disorder with disturbance of emotions and anxiety, major depression and posttraumatic stress disorders. (2) AMHRR Listed: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; DD Form 214; VA Decision letter; medical records. 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 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. (6) 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. (7) 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. 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. 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 contends the signs of a damaged Soldier were visible after a ten-month deployment to Iraq. Depression and the inability to adapt to the normal society became a daily challenge. The more the applicant fought as an individual, the weaker they became. It was not until the applicant reached rock bottom it became apparent the applicant needed help. The applicant provided Medical Record, Clinic Notes, 10 March 2014, which reflects the applicant was being seen at Mental Health for the following problems: Moderate recurrent major depression; adjustment disorder with disturbance of emotions; adjustment disorder; migraine headache; and adjustment insomnia. The applicant also provided a VA Rating Decision letter, 30 July 2014, reflecting the applicant was granted 30 percent disability for depressive disorder claimed as chronic adjustment disorder with disturbance of emotions and anxiety, major depression, and posttraumatic stress disorders. The AMHRR does not contain a mental status evaluation. The applicant contends the type of discharge is viewed negatively which is not becoming of the applicant. A discharge upgrade would no longer hinder the applicant's progression. The Board does not grant relief to gain employment or enhance employment opportunities. 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: Post Traumatic Stress Disorder, Major Depressive Disorder, and Bipolar Disorder. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found the applicant was diagnosed with MDD during service, and SC for PTSD related to combat. (3) Does the condition or experience actually excuse or mitigate the discharge? Partially. The Board's Medical Advisor applied liberal consideration and opined that the applicant's diagnoses of PTSD is partially mitigating. Given the association between PTSD and comorbid substance misuse, there is a nexus between the applicant's misuse of sleeping pills and subsequent DUI, such that the diagnosis mitigates the misconduct. However, the applicant's misconduct characterized by theft and fraudulent use of a credit card is not mitigated as it is not natural sequela of PTSD, MDD, or Bipolar Disorder. (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 the available evidence did not support a conclusion that the applicant's Post Traumatic Stress Disorder, Major Depressive Disorder, and Bipolar Disorder outweighed the applicant's medically unmitigated offense of theft and fraudulent use of a credit card. b. Response to Contention(s): (1) The applicant contends the signs of a damaged Soldier were visible after a ten- month deployment to Iraq. Depression and the inability to adapt to the normal society became a daily challenge. The more the applicant fought as an individual, the weaker the applicant became. It was not until the applicant reached rock bottom it became apparent the applicant needed help. The Board liberally considered this contention but determined that the available evidence did not support a conclusion that the applicant's Post Traumatic Stress Disorder, Major Depressive Disorder, and Bipolar Disorder outweighed the applicant's medically unmitigated offense of theft and fraudulent use of a credit card. However, the Board did find medical mitigation for the applicant's misconduct of misuse of sleeping pills and the subsequent DUI. Therefore, the Board voted to upgrade the applicant's characterization of service to General. (2) The applicant contends the type of discharge is viewed negatively which is not becoming of the applicant. A discharge upgrade would no longer hinder the applicant's progression. The Board considered this contention but determined that further upgrade from General characterization of service was not warranted by this contention. c. The Board determined that the characterization of service was inequitable based on the applicant's Post Traumatic Stress Disorder partially mitigating the applicant's misconduct, while the applicant's length and quality of service, to include combat service, outweighing an Under Other Than Honorable discharge. However, the applicant's misconduct fell below the level of meritorious service warranted for an upgrade to Honorable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to General. The Board determined the narrative reason/SPD code and RE code were proper and equitable and voted not to change them. However, the applicant may request a personal appearance hearing to address further issues before the Board. The applicant is responsible for satisfying the burden of proof and providing documents or other evidence sufficient to support the applicant's contention(s) that the discharge was improper or inequitable. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to General because the applicant's PTSD mitigated the applicant's misconduct of misuse of sleeping pills and DUI. The Board found that the applicant's service record outweighed the UOTH given the remaining medically unmitigated offenses of theft and fraudulent use of a credit card. However, the Board found that the applicant's service did not fully outweigh the offenses as required to be considered meritorious service warranting an Honorable characterization. (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: 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 AR20210001607 1