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 general (under honorable conditions). The applicant requests an upgrade to honorable. The applicant seeks relief contending, in effect, requesting a medical discharge upgrade. The applicant became suicidal in the military. The applicant needs all the help they can get. The applicant had spent two months in a mental hospital while in the military and has been in and out of hospitals since. The applicant has been hospitalized multiple times since being discharged and finds every day harder to support oneself. The applicant needs help, and any improvement will be a great help in the applicant’s quality of life. b. Board Type and Decision: In a records review conducted on 26 September 2023, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 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: Fraudulent Entry / AR 635-200, Chapter 7, SEC IV / YDA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 8 January 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 December 2008 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 8 July 2007, by means of deliberate concealment of the fact the applicant was diagnosed for having schizophrenia, a serious mental illness which is incompatible with military service, procure oneself to be enlisted as a Private (E-1) in the US Army, and did thereafter, at or near Los Angeles, California, receive pay and allowances under the enlistment so procured. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 15 December 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 18 December 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 July 2007 / 3 years, 17 weeks (DD Form 214 block 12a, has an incorrect date of 8 July 2007) b. Age at Enlistment / Education / GT Score: 28 / High School Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-3 / 13B10, Cannon Crewmember / 1 year, 5 months, 2 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Two Personnel Action Forms, reflect the applicant’s duty status changed as follows: From “Present for Duty (PDY),” to “Absent Without Leave (AWOL),” effective 2 September 2008; and, From “AWOL” to “PDY,” effective 1 October 2008. Memorandum for Commander, 18 November 2008, reflects the Chief, Inpatient Psychiatry, advocates for an administrative separation in lieu of a medical board for the applicant. The applicant has schizophrenia, a serious mental illness which is incompatible with military service. The applicant and parent both admitted the applicant acquired this diagnosis long before entering the Army, and the applicant had been previously hospitalized and placed on antipsychotic medication to improve the symptoms. The applicant also reported receiving federal disability payments for the condition prior to entering the Army. However, the administrative records make no mention of a pre-existing psychiatric illness, and the applicant did not receive a waiver to enter the service, which implies the applicant failed to report the psychiatric history to the recruiter. FG Article 15, 21 November 2008, for on or about 2 September 2008 without authority, absent oneself from the unit and did remain so absent until on or about 1 October 2008. The punishment consisted of a reduction to E-1; forfeiture of $673 pay per month for two months; and extra duty and restriction for 45 days. Three Developmental Counseling Forms, for being AWOL; recommendation for separation IAW AR 635-200; and loss of military identification card. i. Lost Time / Mode of Return: 28 days: (AWOL, 2 September 2008 – 30 September 2008) / NIF j. Behavioral Health Condition(s): (1) Applicant provided: None (2) AMHRR Listed: Report of Behavioral Health Evaluation (BHE), 31 October 2008, reflects the applicant was mentally responsible with a clear thinking process and had the mental capacity to understand and participate in the proceedings. The applicant was cleared for any administrative actions deemed appropriate by command. The applicant was diagnosed with: Axis I: Schizophrenia. It was noted: Soldier was admitted to 4B2 after expressing suicidal thoughts and auditory/visual hallucinations, and delusions after returning from AWOL. These suicidal thoughts have since resolved, and Soldier is deemed stable for discharge to command. Department of Psychiatry, Physician Discharge Summary, 31 October 2008, reflects the applicant was diagnosed with: Axis I: Schizophrenia, Paranoid Type; r/o Factious d/o with Psychological Symptoms. Report of Mental Status Evaluation, 18 November 2008, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand and participate in administrative proceedings; was mentally responsible; meets the retention requirement of chapter 3, AR 40-501; needs further examination. It was noted: Soldier shows evidence of a Persecutory Delusional Disorder or other Psychotic Disorder and needs further evaluation. This condition appears to have existed prior to service and may represent a Defective Enlistment; however, at this time do not have access to the enlistment paperwork and it is not clear the Soldier intended to commit fraud at the time of enlistment. Report of Medical History, 12 November 2008, the examining medical physician noted in the comments section: The applicant was diagnosed with anxiety disorder, NOS and schizophrenia. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 214. 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 7-17 provides, in pertinent part, a fraudulent entry is the procurement of an enlistment, reenlistment, or period of active service through any deliberate material misrepresentation, omission, or concealment of information which, if known and considered by the Army at the time of enlistment or reenlistment, might have resulted in rejection. This includes all disqualifying information requiring a waiver. A Soldier who concealed his or her conviction by civil court of a felonious offense normally will not be considered for retention. (5) Paragraph 7-23 stipulates a Soldier discharged under the provisions of this chapter will be furnished DD Form 256A or assigned a character of service of under other than honorable conditions. In addition to chapter 3, section II, the following factors will be considered in determining the character of service to be issued during the current period of service: Evidence of pre-service misrepresentation that would have precluded, postponed, or otherwise affected the Soldier’s enlistment eligibility. Characterization will normally be under other than honorable conditions if the fraud involves concealment of a prior separation in which service was not characterized as honorable. The offense of fraudulent enlistment (10 USC 883; Art 83 UCMJ) occurs when the Soldier accepts pay or allowances following enlistment procured by willful and deliberate false representation or concealment of his/her qualifications. Therefore, upon receipt of pay and allowances, it becomes an in-service activity by the Soldier and may be considered in characterizing his/her period of service, even though he/she is not tried for the offense. When the individual is in an AWOL status, or in desertion, or in the hands of civil authorities, the provisions of chapter 2, section III, must be followed. 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 “YDA” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 7, Sec IV, Paragraph 7-17, Fraudulent Entry. 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 discharge should have been for medical reasons. The applicant became suicidal in the military and needs all the help they can get. The AMHRR contains a Memorandum for Commander, 18 November 2008, which reflects the Chief, Inpatient Psychiatry, advocated for an administrative separation in lieu of a medical board for the applicant. The applicant has schizophrenia, a serious mental illness which is incompatible with military service. The applicant and parent both admitted the applicant acquired this diagnosis long before entering the Army, and the applicant had been previously hospitalized and placed on antipsychotic medication to improve the symptoms. The applicant also reported receiving federal disability payments for the condition prior to entering the Army. However, the administrative records make no mention of a pre-existing psychiatric illness, and the applicant did not receive a waiver to enter the service, which implies the applicant failed to report the psychiatric history to the recruiter. Army Regulation 635-200, in pertinent part, stipulates commanders will not separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. The applicant contends every day gets harder to support oneself and needs help. Eligibility for veteran’s benefits does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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: Schizophrenia and Delusional Disorder. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found the condition occurred prior to service and existed during service. (3) Does the condition or experience actually excuse or mitigate the discharge? No. The Board's Medical Advisor applied liberal consideration and opined that a review of the records showed the applicant was found to have a diagnosis of Schizophrenia that existed prior to service and that the applicant intentionally withheld the fact of the applicant’s psychiatric history in order to enlist. (4) Does the condition or experience outweigh the discharge? N/A. 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 Schizophrenia and Delusional Disorder outweighed the applicant’s medically unmitigated fraudulent entry basis for separation. b. Response to Contention(s): (1) The applicant contends the discharge should have been for medical reasons. The applicant became suicidal in the military and needs all the help they can get. The Board liberally considered this contention but determined that the available evidence did not support a conclusion that the applicant’s Schizophrenia and Delusional Disorder outweighed the applicant’s medically unmitigated fraudulent entry basis for separation. Therefore, a discharge upgrade is not warranted. (2) The applicant contends every day gets harder to support oneself and needs help. The Board considered this contention but despite found insufficient evidence of mitigating factors that would merit a discharge upgrade. c. The Board determined that the discharge is, at this time, proper and equitable, in light of the current evidence of record. The applicant has exhausted their appeal options available with ADRB. However, the applicant may still apply to the Army Board for Correction of Military Records. 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 not to change the applicant’s characterization of service because, despite applying liberal consideration of all the evidence before the Board, the applicant’s Schizophrenia and Delusional Disorder did not outweigh the medically unmitigated fraudulent entry separation. The Board also considered the applicant's contention regarding difficulty supporting oneself and found that the totality of the applicant's record does not warrant a discharge upgrade. 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. Therefore, the applicant’s General discharge was proper and equitable as the applicant’s misconduct fell below that level of meritorious service warranted for an upgrade to Honorable discharge. (2) The Board voted not to change the applicant’s reason for discharge or accompanying SPD code under the same pretexts, and 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 / Separation Order: No b. Change Characterization to: No Change 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 AR20210001609 1