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 honorable. The applicant requests a narrative reason change. The applicant seeks relief contending, in effect, leadership did not give the applicant support when the applicant was being harassed by the non-commissioned officer in Charge (NCOIC). The applicant states once the applicant arrived at the unit, the applicant's NCOIC stated the applicant have tough boots to fill, because two other Soldiers under the NCOIC leadership had won the Soldier of the Quarter and Soldier of the Year. The applicant believes when the applicant stated not being interested in competing in these competitions, the harassment started, with several counsel statements to follow. After returning home from holiday leave, the applicant suddenly was slammed with counseling statements. The applicant believes the counseling statements were for many petty reasons, but other Soldiers were not counseled by the NCOIC for the actions. The applicant states other non-commissioned officer (NCO) noticed the unfair treatment. The applicant believes this treatment was simply unfair, unprofessional, and not equal in the way to which the NCOIC treated other Soldiers. The applicant states the discharge was for misconduct and unsporting actions, which one misconduct was for missing a formation the day of the applicant's attempted suicide. The applicant eventually went to the chain of command for assistance with these issues with the NCOIC, but received no support from the command. The applicant's driving under the influence (DUI), was reduced to a "failure to operate in a careful manner" ticket, by the civilian courts. The chain of command still looked at it as a DUI, even though, the applicant was under prescribed the medication. Because of the lack of support from the command during the discharge process, the applicant was unfairly discharged. The applicant believes these actions probably caused behavioral health issues, leading the applicant to trying to commit suicide. b. Board Type and Decision: In a records review conducted on 16 March 2023, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's Depression mitigated the basis for separation - DUI. Therefore, the Board voted to grant relief in the form of an upgrade of the separation authority to AR 635-200, paragraph 14-12a, and 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: Misconduct (Serious Offense) / AR 635-200, Chapter 14-12c / JKQ / RE-3 / Honorable b. Date of Discharge: 17 February 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 September 2015 (2) Basis for Separation: The applicant was informed of the following reasons: On 29 June 2015, the applicant drove a motor vehicle while under the influence of alcohol, subsequently struck the roadside cable wire barrier. The applicant blood alcohol content was .088 percent, which is above the legal limit. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 27 January 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 February 2014 / 6 years b. Age at Enlistment / Education / GT Score: 21 / GED / 108 c. Highest Grade Achieved / MOS / Total Service: E-3 / 25M1P, Multimedia Illustrator / 2 years, 7 months d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: N/A h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 20 April 2015, for disobeying a lawful order (2 March 2015); derelict in the performance of duties (5 February 2015); and, failing to go at the time prescribed to appointed place of duty (30 January 2015). The punishment consisted of a reduction to E-2 (suspended); and extra duty for 14 days. Military Police Blotter, dated 1 July 2015, reflects the applicant committed the following offenses: DUI; and Traffic Accident with Damage to Government Property. General Officer Memorandum Of Reprimand, dated 13 August 2015, reflects the applicant was driving a motor vehicle on 29 June 2015, in the state of Kentucky with a blood alcohol content of .088 percent, in violation of Kentucky law. It was totally unacceptable for the applicant - a United States Army Soldier - to act in such an irresponsible manner. Record Of Supplementary Action Under Article 15, UCMJ, dated 23 July 2015, reflects the suspended portion of the punishment imposed on 20 April 2015, was vacated for: Article 86, failing to go at the time prescribed to his appointed place of duty. Several Developmental Counseling Form, for acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 13 March 2015, the examining medical physician noted in the comments section: Suicide attempt. Report of Medical Examination, dated 13 August 2015, the examining medical physician noted in the comments section: Anxiety/depression. 5. APPLICANT-PROVIDED EVIDENCE: On-line application. 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) 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. (4) 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. (5) 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 contends the narrative reason for the discharge needs changed. The applicant was separated under the provisions of Chapter 14, paragraph 14-12c, AR 635-200 with an honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Misconduct (Serious Offense)," and the separation code is "JKQ." Army Regulation 635-8, Separation Processing and Documents, governs the preparation of the DD Form 214, and dictates the entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be as listed in tables 2-2 or 2-3 of AR 635- 5-1, Separation Program Designator (SPD) Codes. The regulation stipulates no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends the discharge was unfair by the leadership because of harassment, discrimination and the lack of support from the command. There is no evidence in the AMHRR the applicant sought assistance or reported the harassment. The applicant's AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends these unfair actions and harassment probably caused behavioral health issues, leading the applicant to trying to commit suicide and ultimately the discharge. The applicant's AMHRR contains documentation which supports a diagnosis of in-service Anxiety and Depression. The record shows the applicant underwent a Medical Examination on 13 August 2015, the applicant was diagnosed with Anxiety and Depression. The applicant's AMHRR is void of a mental status evaluation. The Medical Examination was considered by the separation authority. The applicant contends the DUI charges were reduced before the discharge, but the chain of command still regarded it as a DUI. The reduction of charges is a procedural step, which is part of a normal process when an alternative forum is chosen. The applicant's AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command 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: Adjustment Disorder, Depression, Anxiety. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found that the applicant was diagnosed in service with an Adjustment Disorder and Depression. Applicant's Anxiety was determined to have existed prior to service. (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 was diagnosed in service with an Adjustment Disorder and Depression. Depression is a mitigating BH condition that has a nexus with self-medicating with substances, and therefore mitigates substance-related misconduct including driving under the influence of alcohol. Furthermore, the medical record reveals that applicant's misconduct occurred as part of a suicide attempt in which had overdosed on medication and drank alcohol suggesting that Depression directly contributed to the misconduct. (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 Depression mitigated the basis for separation - DUI - for the aforementioned reasons. b. Response to Contention(s): (1) The applicant contends the narrative reason for the discharge needs changed. The Board considered this contention and determined that the narrative reason for discharge is inequitable due to the applicant's Depression outweighing the basis for separation. (2) The applicant contends the discharge was unfair by the leadership because of harassment, discrimination and the lack of support from the command. 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 Depression outweighing the applicant's AWOL basis for separation. (3) The applicant contends these unfair actions and harassment probably caused behavioral health issues, leading the applicant to trying to commit suicide and ultimately discharge. 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 Depression outweighing the applicant's AWOL basis for separation. (4) The applicant contends the DUI charges were reduced before the discharge, but the chain of command still regarded it as a DUI. 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 Depression outweighing the applicant's AWOL basis for separation. c. The Board determined the discharge is inequitable based on the applicant's Depression mitigated the basis for separation - DUI. Therefore, the Board voted to grant relief in the form of an upgrade. d. Rationale for Decision: (1) The Board voted not to change the characterization of service due to it already being Honorable. (2) The Board voted to change the reason for discharge to Misconduct (Minor Infractions) based on the applicant's Depression mitigated the basis for separation, 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: No Change 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 AR20210002152 1