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, being immature, lacking experience and was unprepared for the responsibility and requirements it took to be a Soldier. However, the applicant is a responsible spouse and parent of four children and gave their life to Christ. b. Board Type and Decision: In a records review conducted on 20 April 2023, and by a 5-0 vote, the Board determined the discharge is inequitable given the totality of the record to include partial medical mitigation as referenced in paragraph 9a(3), the length of time since the applicant's discharge, the length of the applicant's service, and the applicant's post-service accomplishments outweighing the remaining basis for separation - disrespect, disobedience, disrespectful language to NCOs, and relatively minor assault (pushing food across a table) of NCOs. 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 that 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: Misconduct / AR 635-200, Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 28 May 2002 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 May 2002 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant has failed to be at appointed place of duty on several occasions. The applicant has physically and verbally assaulted NCOs and disrespected and disobeyed NCOs on several occasions. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 9 May 2002 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 13 May 2002 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 September 1999 / 3 years b. Age at Enlistment / Education / GT Score: 19 / High School Graduate / 87 c. Highest Grade Achieved / MOS / Total Service: E-3 / 77F10, Petroleum Supply Specialist / 2 years, 8 months, 8 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 25 July 2001, on 22 July 2001, gave a false statement to a non-commissioned officer and failed to follow instructions from team leader. The punishment consisted of seven days extra duty and restriction. CG Article 15, dated 5 March 2002, on 17 February 2002, fail to obey an order. The punishment consisted of 14 days extra duty and restriction (suspended). Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: None (2) AMHRR Listed: Psychiatric Evaluation, dated 15 March 2002, reflects the applicant was diagnosed with Axis I: Depressive Disorder NOS; Axis II: Personality Disorder NOS with Schizotypal and Paranoid traits. The applicant exhibits some symptoms of depression which can be treated. Based on the psychological testing, present of evaluation, and behavior the applicant is likely to have a personality disorder NOS with schizotypal and paranoid traits. Retention in the Army is not recommended. The applicant qualifies for a Chapter 5-13, however, given the ETS date a chapter might not be prudent. It is recommended the applicant be taken off unit watch and given a rehab transfer to a different team. If the behavioral problems persist, then the doctor will recommend the applicant be given a Chapter 5-13. In the meantime, the applicant will be followed at CMHS for treatment for depression. This document is submitted in lieu of DA Form 3822-R. This Soldier meets medical retention standards prescribed in Chapter 3, AR 40-501. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement and letter of support. 6. POST SERVICE ACCOMPLISHMENTS: The applicant is a responsible spouse and parent of four children and gave their life to Christ. 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's Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. The applicant contends being immature, lacked the experiences, and was unprepared for the responsibility and requirements it took to be a Soldier. The AMHRR shows the applicant met entrance qualification standards to include age. The third-party statement provided with the application speaks highly of the applicant and recognizes the applicant's good conduct after leaving the Army. The applicant contends being a responsible spouse and parent of four children and gave life their to Christ. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. No law or regulation provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in civilian life after leaving the service. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The applicant's AMHRR reflects a Psychiatric Evaluation, dated 15 March 2002, reflects the applicant was diagnosis with Axis I: Depressive Disorder NOS; Axis II: Personality Disorder NOS with Schizotypal and Paranoid traits. The applicant exhibits some symptoms of depression which can be treated. Based on the psychological testing, present of evaluation, and behavior the applicant is likely to have a personality disorder NOS with schizotypal and paranoid traits. Retention in the Army is not recommended. The applicant qualifies for a Chapter 5-13, however, given the ETS date a chapter might not be prudent. It is recommended the applicant be taken off unit watch and given a rehab transfer to a different team. If the behavioral problems persist, then the doctor will recommend the applicant be given a Chapter 5-13. In the meantime, the applicant will be followed at CMHS for treatment for depression. This document is submitted in lieu of DA Form 3822-R. This Soldier meets medical retention standards prescribed in Chapter 3, AR 40-501. The medical evaluation was considered by the separation authority. 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: Unspecified Depressive Disorder. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found that the applicant w Unspecified Depressive Disorder existed during service. (3) Does the condition or experience actually excuse or mitigate the discharge? Partial. The Board's Medical Advisor applied liberal consideration and opined that the applicant was diagnosed in service with Unspecified Depressive Disorder. Given the nexus between a depressive disorder, decreased motivation, and avoidance, applicant's Unspecified Depressive Disorder more likely than not contributed to FTRs. However, the applicant's Unspecified Depressive Disorder does not mitigate the applicant's offenses of disrespect, disobedience, or assault as there is no natural sequela between Unspecified Depressive Disorder and disrespect, disobedience, or assault. (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, while the applicant's Unspecified Depressive Disorder mitigates the applicant's FTRs, the applicant's Unspecified Depressive Disorder does not outweigh the medically unmitigated basis for applicant's separation - disrespect, disobedience, disrespectful language to NCOs, and relatively minor assault (pushing food across a table). b. Response to Contention(s): (1) The applicant contends being immature, lacked the experience, and was unprepared for the responsibility and requirements it took to be a Soldier. The Board considered this contention during proceedings, but ultimately did not address this contention because the Board determined that a discharge upgrade was warranted given the totality of the record to include partial medical mitigation as referenced in paragraph 9a(3), the length of time since the applicant's discharge, the length of the applicant's service, and the applicant's post-service accomplishments outweighing the remaining basis for separation - disrespect, disobedience, disrespectful language to NCOs, and relatively minor assault (pushing food across a table) of NCOs. (2) The applicant contends being a responsible spouse and parent of four children and gave their life to Christ. The Board considered this contention during proceedings, but ultimately did not address this contention because the Board determined that the totality of the record, including the aforementioned factors, outweighed the basis for separation. c. the Board determined the discharge is inequitable given the totality of the record to include the partial medical mitigation as referenced in paragraph 9a(3), the length of time since the applicant's discharge, the length of the applicant's service, and the applicant's post-service accomplishments outweighing the remaining basis for separation - disrespect, disobedience, disrespectful language to NCOs, and relatively minor assault (pushing food across a table) of NCOs. Therefore, the Board voted to grant relief in the form of an upgrade. 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 to change the applicant's characterization of service to Honorable based on given the totality of the record to include the partial medical mitigation as referenced in paragraph 9a(3), the length of time since the applicant's discharge, the length of the applicant's service, and the applicant's post-service accomplishments outweighing the remaining basis for separation - disrespect, disobedience, disrespectful language to NCOs, and relatively minor assault (pushing food across a table) of NCOs. 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 AR20210002014 1