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, in March 2011, the applicant was convicted for failing to pay dependent support, although the applicant was providing housing and had plans to divorce after the deployment. The discharge was inequitable and too severe, considering personal and professional accomplishments and earning a good conduct medal. The out- processing and discharge were handled improperly, which caused problems with receiving Veterans' benefits. The applicant realizes the conviction caused great suffering to everyone. The applicant would have a lifetime to dwell on the actions and circumstances leading to the discharge. Since the discharge the applicant has been attending college, working towards a bachelor's degree in English and psychology. The applicant is currently in a new and stable marriage, maintains a full-time employment and is the sole provider for the family. The applicant sought treatment for personal issues and believes in being able to move past the causes of the past actions. The applicant requests reinstatement into active-duty service. b. Board Type and Decision: In a records review conducted on 20 September 2022, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's PTSD and Major Depressive Disorder, Recurrent, mitigating the applicant's basis of separation - AWOL and disobeying lawful orders. 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. 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: 22 March 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 March 2011 (2) Basis for Separation: The applicant was informed of the following reasons: On 22 December 2010, the applicant was absent from the place of duty at which the applicant was required to be and did remain so absent until on 8 January 2010 (sic). The applicant failed to obey lawful orders given by the command. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 10 March 2011, the applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 March 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 April 2009 / 5 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-4 / 15T10, UH-60 Helicopter Repairer / 4 years, 8 months, 14 days d. Prior Service / Characterizations: RA, 22 June 2006 - 22 April 2009 / HD e. Overseas Service / Combat Service: Korea, SWA / Korea (27 February 2007 - 18 March 2008); Iraq (24 October 2008 - 16 October 2009); Afghanistan (26 October 2010 - 21 December 2010) f. Awards and Decorations: ACM-CS; ICM-2CS; ARCOM; AGCM; NDSM; GWOTSM; KDSM; ASR; OSR-2 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Developmental Counseling Form, dated 24 January 2011, rendered by a platoon sergeant, reflects counseling the applicant for being AWOL after redeploying on 22 December 2010, for separation proceedings under medical conditions, and remaining absent until 8 January 2011, when the applicant returned to the unit. Sworn Statement, dated 27 January 2011, rendered by SSG B. R. B., reflects the applicant was counseled for failing to support the spouse. Five Developmental Counseling Forms, for various acts of misconduct. FG Article 15, dated 22 February 2011, for being AWOL (between 22 December 2010 and 8 January 2011); disobeying a superior commissioned officer (between 1 September 2010 and 11 November 2010); and disobeying 1SG B. S. B. (between 11 November 2010 and 24 January 2011). The punishment consisted of a reduction to E-2; forfeiture of $822 pay per month for two months (suspended); extra duty and restriction for 45 days; and an oral reprimand. i. Lost Time / Mode of Return: 18 days (AWOL, 22 December 2010 - 8 January 2011) / The applicant returned to the unit. j. Diagnosed PTSD / TBI / Behavioral Health: Developmental Counseling Form, dated 22 November 2010, reflects when the applicant sought treatment for chest pains and headaches, the flight surgeons determined the applicant had symptoms of combat stress, anger management issues compounded with behavioral problems, and recommended the applicant take mind altering medication to improve the depression related symptoms. According to frequent visits with the doctor and chaplain, the applicant was ordered not to carry weapon. The applicant was medically grounded and unable to fly missions in the theatre, which forced a recommendation for the applicant to be removed from combat operations and sent to counseling sessions for combat stress or with a psychologist. Memorandum for the battalion commander, undated, rendered by a clinical licensed social worker with the Combat Stress Center, reflected on the applicant's behavioral incident, which endangered the lives of others, and the previous significant history of behavior misconduct and multiple psychiatric hospitalizations. Based on the applicant's impulsive behaviors not being consistent with those needed in a deployed setting, the social worker recommended the applicant be sent back to home station for further evaluation and consideration for separation from the Army. Report of Behavioral Health Evaluation, dated 14 February 2011, 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 an "Adjustment Disorder with anxiety and depressed mood." Report of Medical Examination, dated 3 February 2011, the examining medical physician noted in the comments section: Anxiety which started in Afghanistan in October 2010, fear of rocket attacks, and working as crew chief, "collecting dead Soldiers." 5. APPLICANT-PROVIDED EVIDENCE: Online application; self-authored letter; self-authored statement; two third-party letters; ARCOM certificate; marriage license; and case separation packet. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has been attending college, working towards a bachelor's degree in English and psychology, and is currently in a new and stable marriage, maintains a full-time employment and is the sole provider for the family. 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 record of service, the issues and documents submitted with the application were carefully reviewed. The applicant contends being convicted for failing to pay dependent support, although the applicant was providing housing and had plans to divorce after the deployment affected behavior and ultimately caused the discharge. There is no evidence in the AMHRR the applicant ever sought assistance before committing the misconduct, which led to the separation action under review. The applicant contends the discharge was inequitable and too severe, considering personal and professional accomplishments and earning a good conduct medal. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The Board considered the service accomplishments and the quality of service. The applicant contends the out-processing and discharge were handled improperly, which caused problems with receiving veterans' benefits. Eligibility for veterans' 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. The applicant contends since the discharge, the applicant has been attending college, working towards a bachelor's degree in English and psychology, and is currently in a new and stable marriage, maintains a full-time employment and is the sole provider for the family. 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 contends having sought treatment for personal issues and believes in being able to move past the causes of the past actions. The applicant's AMHRR shows the applicant underwent a behavioral health evaluation (BHE) on 14 February 2011, which indicates the applicant was mentally responsible and was able to recognize right from wrong. The BHE reflected a diagnosis of an "Adjustment Disorder with anxiety and depressed mood." The BHE was considered by the separation authority. Further, the ARBA sent a letter to the applicant at the address in the application on 2 August 2021, requesting documentation to support a PTSD diagnosis but received no response from the applicant. The applicant desires to rejoin the Military Service. Soldiers processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 601-201, the applicant was appropriately assigned an RE code of "3." There is no basis upon which to grant a change to the reason or the RE code. An RE Code of "3" indicates the applicant requires a waiver before being allowed to reenlist. Recruiters can best advise a former service member as to the Army's needs at the time and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 the following diagnoses or experiences which can, under certain circumstances, potentially mitigate or excuse misconduct leading to separation: PTSD and Major Depressive Disorder. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found that the applicant's PTSD and Major Depressive Disorder were present during the applicant's time in 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 has mitigating Behavioral Health conditions, PTSD and Major Depressive Disorder (MDD), Recurrent. As there is an association between PTSD/Major Depressive Disorder, Recurrent and avoidant behavior, there is a nexus between applicant's condition and the AWOL episode from the applicant's unit; and given the nexus the behavior is mitigated. In addition, as there is an association between PTSD/Major Depressive Disorder, Recurrent and resistant, belligerent attitudes toward authority figures, there is a nexus and between the PTSD/MDD symptoms and the disrespectful, disobedient behavior and negative attitude the applicant demonstrated, therefore, there is mitigation for the behavior. (4) Does the condition or experience outweigh the discharge? Yes. The Board concurred with the opinion of the Board's Medical Advisor, a voting member. As a result, the ADRB applied liberal consideration and found that the applicant's PTSD and MDD outweighed the applicant's basis for separation - AWOL and disobeying lawful orders. b. Response to Contention(s): (1) The applicant contends being convicted for failing to pay dependent support, although the applicant was providing housing and had plans to divorce after the deployment affected behavior and ultimately caused the 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 PTSD and MDD mitigating the applicant's AWOL and disobeying lawful orders basis for separation. (2) The applicant contends the discharge was inequitable and too severe, considering personal and professional accomplishments and earning a good conduct medal. The Board considered this contention and found validity in the contention that the discharge was too harsh. However, the Board voted to upgrade based on the applicant's PTSD and MDD outweighing the applicant's misconduct. (3) The applicant contends the out-processing and discharge were handled improperly, which caused problems with receiving veterans' benefits. 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. (4) The applicant contends since the discharge, the applicant has been attending college, working towards a bachelor's degree in English and psychology, and is currently in a new and stable marriage, maintains a full-time employment and is the sole provider for the family, and having sought treatment for personal issues and believes in being able to move past the causes of the past actions. The Board recognizes the applicant's post-service accomplishments, however, the Board voted to upgrade based on the applicant's PTSD and MDD mitigating the applicant's misconduct. (5) The applicant desires to rejoin the Military Service. The Board considered this contention and voted not to change the RE-code from a RE-3, which is a waivable code. An RE Code of "3" indicates the applicant requires a waiver before being allowed to reenlist. Recruiters can best advise a former service member as to the Army's needs at the time and are required to process waivers of reentry eligibility (RE) codes, if appropriate. The applicant's mitigating conditions are also service-limiting, thus the reason to maintain the RE-3. c. The Board determined that the discharge is inequitable based on the applicant's PTSD and Major Depressive Disorder, Recurrent, outweighing the applicant's basis of separation - AWOL and disobeying lawful orders. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD and MDD mitigated the applicant's misconduct of AWOL and disobeying lawful orders. 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 mitigating conditions are also service-limiting. 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 AR20210002476 1