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, with the Post 9/11 G.I. Bill benefits being revoked, it has been seemingly impossible for the applicant to continue their education, which is very important to the applicant and their family. The applicant states the reason for the discharge was because the applicant began being late for work after they returned from Iraq. The unit leaders noticed the applicant's sleeping differences and made the applicant see physicians to cope with the problems. The doctors placed the applicant on Ambien, which helped the applicant sleep, but contributed greatly to the applicant not being able to wake up in time for work. b. Board Type and Decision: In a records review conducted on 25 July 2023, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's PTSD outweighed the AWOL basis for separation. 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. The Board determined the RE code was proper and equitable and voted not to change it. 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 / General (Under Honorable Conditions) b. Date of Discharge: 7 May 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 April 2013 (2) Basis for Separation: The applicant was informed of the following reasons: On diverse occasions between on or about 17 July 2012 and 18 March 2013, the applicant was absent without leave. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 12 April 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 22 April 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 July 2010 / 3 years, 30 weeks b. Age at Enlistment / Education / GT Score: 23 / High School Graduate / 115 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25Q10 7D, Multichannel Transmission Systems Operator-Maintainer / 2 years, 9 months, 11 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (24 April 2011 - 12 October 2011) f. Awards and Decorations: ARCOM, MUC, NDSM, GWOTSM, ICM-CS, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 19 October 2012, for failing to go at the time prescribed to the appointed place of duty 3, 11 and 18 September 2012. The punishment consisted of a reduction to E-2 (suspended); and extra duty for 14 days. FG Article 15, dated 11 March 2013, for being AWOL (27 November to 7 December 2012; 10 to 12 December 2012; and 13 to 17 December 2012); and failing to go at the time prescribed to the appointed place of duty (18 December 2012). The punishment consisted of a reduction to E-1; forfeiture of $758 pay per month for two months (suspended); and extra duty and restriction for 45 days. Eight Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)," to "Absent Without Leave (AWOL)," effective 27 November 2012; From "AWOL" to "PDY," effective 7 December 2012; From "PDY" to "AWOL," effective 10 December 2012; From "AWOL" to "PDY," effective 12 December 2012; From "PDY" to "AWOL," effective 13 December 2012; From "AWOL" to "PDY," effective 17 December 2012; From "AWOL" to "PDY," effective 6 February 2013; and From "PDY" to "AWOL," effective 5 February 2013. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: 20 days: AWOL, 27 November 2012 - 7 December 2012 / NIF AWOL, 10 December 2012 - 12 December 2012 / NIF AWOL, 5 February 2013 - 6 February 2013 / NIF j. Behavioral Health Condition(s): (1) Applicant provided: None (2) AMHRR Listed: Report of Medical Assessment, dated 10 January 2012, the health care provider comments in part, reflect: Periodically has panic attacks like sx, certain alarms, situations trigger them-neg eval; Extremely depressed whole year of 2012-neg eval; 20 July 2012-insomnia-ambian. Sleep study scheduled 24 January 2013. Report of Mental Status Evaluation, dated 23 January 2013, reflects the applicant required further assessment to determine fitness for duty and rule out PTSD and Major Depressive Disorder. The applicant could understand and participate in administrative proceedings; could appreciate the difference between right and wrong. Prohibit the use of alcohol as alcohol is a CNS depressant and may impair inhibitions and judgment, or, due to a history of alcohol abuse or alcohol dependence. Recommend further behavioral health assessment to rule out PTSD and MDD. Establish appropriate behavioral health treatment plan based on SM's behavioral health needs. SM encountered a traumatic experience downrange which has increased his current level of distress. After returning from deployment, SM identified multiple stressors which also contributed to current feelings of depression. In combination, these issues have impacted his overall level of functioning. Despite SM's presenting symptoms, from this writer's clinical perspective, it is unsure if SM meets full criteria for PTSD and/or Major Depressive Disorder as further assessment is recommended to establish an accurate diagnosis and behavioral health treatment plan. Although SM suffers from symptoms related to PTSD and Major Depressive Disorder, this writer is unsure if SM meets full criteria for PTSD and/or Major Depressive Disorder. Nonetheless, SM's symptoms appeared to have emerged 2 months after returning from deployment which influences the SM's current issues and problems. The applicant is in the process of making the appropriate changes to improve SM's level of functioning due to SM's strong desire to "Want to make a difference." SM is able to appreciate the differences between right and wrong to continue to proceed with SM's separation, but it is recommended that SM be provided the appropriate behavioral health support to treat current behavioral health symptoms. The diagnose reflected: rule out PTSD, Rule out Major Depressive Disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214 and DD Form 293 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) 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. 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 reason for the discharge was because the applicant began being late for work after they returned from Iraq. The unit leaders noticed the applicant's sleeping differences and made the applicant see physicians to cope with the problems. The doctors placed the applicant on Ambien, which helped the applicant sleep, but contributed greatly to the applicant not being able to wake up in time for work. The applicant did not provide any evidence to support the contention, other than the applicant's statement. The applicant's AMHRR contains documentation which shows a Report of Medical Assessment, dated 10 January 2012, wherein the health care provider comments, in part, reflect: Periodically has panic attacks like sx, certain alarms, situations trigger them-neg eval; Extremely depressed whole year of 2012- neg eval; 20 July 2012-insomnia-ambian. Sleep study scheduled 24 January 2013. The AMHRR also includes a Report of Mental Status Evaluation, dated 23 January 2013, reflecting the applicant required further assessment to determine fitness for duty and rule out PTSD and Major Depressive Disorder. The applicant could understand and participate in administrative proceedings; could appreciate the difference between right and wrong. Prohibit the use of alcohol as alcohol is a CNS depressant and may impair inhibitions and judgment, or, due to a history of alcohol abuse or alcohol dependence. Recommend further behavioral health assessment to rule out PTSD and MDD. Establish appropriate behavioral health treatment plan based on SM's behavioral health needs. SM encountered a traumatic experience downrange which has increased his current level of distress. After returning from deployment, SM identified multiple stressors which also contributed to current feelings of depression. In combination, these issues have impacted his overall level of functioning. Despite SM's presenting symptoms, from this writer's clinical perspective, it is unsure if SM meets full criteria for PTSD and/or Major Depressive Disorder as further assessment is recommended to establish an accurate diagnosis and behavioral health treatment plan. Although SM suffers from symptoms related to PTSD and Major Depressive Disorder, this writer is unsure if SM meets full criteria for PTSD and/or Major Depressive Disorder. Nonetheless, SM's symptoms appeared to have emerged 2 months after returning from deployment which influences the SM's current issues and problems. The applicant is in the process of making the appropriate changes to improve SM's level of functioning due to SM's strong desire to "Want to make a difference." SM is able to appreciate the differences between right and wrong to continue to proceed with SM's separation, but it is recommended that SM be provided the appropriate behavioral health support to treat current behavioral health symptoms. The diagnosis reflected: rule out PTSD, Rule out Major Depressive Disorder. The MSE and Medical Assessment were considered by the separation authority. The applicant contends an upgrade would allow educational benefits through the GI Bill. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill 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: PTSD. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found applicant is service-connected for 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 diagnosis of PTSD established through service connection, with symptoms of diagnosis while on active duty although it does not appear formal diagnosis was ever made. The presence of PTSD at the time of service mitigates the conduct noted in the basis of separation, associated with AWOL and numerous FTR, which are avoidance behaviors consistent with the natural sequelae and history of PTSD. (4) Does the condition or experience outweigh the discharge? Yes. After applying liberal consideration to the evidence, to include the Board Medical Advisor opine, the Board determined that the applicant's PTSD outweighed the AWOL basis for separation for the aforementioned reasons. b. Response to Contention(s): (1) The applicant contends the reason for the discharge was because the applicant began being late for work after they returned from Iraq. The unit leaders noticed the applicant's sleeping differences and made the applicant see physicians to cope with the problems. The doctors placed the applicant on Ambien, which helped the applicant sleep, but contributed greatly to the applicant not being able to wake up in time for work. 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 PTSD outweighing the applicant's basis for separation. (2) The applicant contends an upgrade would allow educational benefits through the GI Bill. The Board considered this contention and determined that eligibility for Veteran's benefits, to include educational benefits under the Post-9/11 or Montgomery GI Bill, healthcare or VA loans, do 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. c. The Board determined the discharge is inequitable based on the applicant's PTSD outweighed the AWOL basis for separation. Therefore, the Board voted to grant relief is warranted. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD outweighed the AWOL basis for separation. 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 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: Misconduct (Minor Infractions)/JKN d. Change RE Code to: No Change 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 AR20210001692 1