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, the applicant requests the discharge be upgraded to honorable due to being diagnosed and treated for PTSD after the discharge. The applicant has not been cleared to seek employment by the applicant's physicians. The applicant would like to be awarded the Purple Heart for an IED incident during a tour in Iraq; and the grade of E-5 restored because the post service PTSD diagnosis had a direct impact on the circumstances surrounding the reduction. b. Board Type and Decision: In a records review conducted on 24 August 2022, and by a 5-0 vote, the Board, based on the applicant's length and quality of service, to include combat service, and the circumstances surrounding the discharge (PTSD diagnosis), determined the narrative reason for the applicant's separation is now inequitable. Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. The Board determined the characterization of service 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 / General (Under Honorable Conditions) b. Date of Discharge: 11 August 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 July 2008 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant continued to show minimal regard for military laws and regulations. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 18 July 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 25 July 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 April 2007 / 4 years b. Age at Enlistment / Education / GT Score: 31 / HS Graduate / 84 c. Highest Grade Achieved / MOS / Total Service: E-5 / 88M20, Motor Transport Operator / 4 years, 9 months, 27 days d. Prior Service / Characterizations: RA, 8 October 2003 - 11 April 2007 / HD e. Overseas Service / Combat Service: SWA / Iraq (11 July 2003 - 23 October 2007) f. Awards and Decorations: ARCOM, AAM, AGCM, NDSM, GWOTSM, HSM, ICM-CS, CAB g. Performance Ratings: NIF h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 17 September 2007, for failing to go at the time prescribed to the appointed place of duty on or about 7 August 2007 and 12 August 2007; failing to obey a lawful order on or about 28 July 2007; and being derelict in the performance of duties on or about 25 June 2007. The punishment consisted of a reduction to E-4; forfeiture of $992 pay per month for two months (suspended); extra duty for 45 days; and Oral reprimand. FG Article 15, dated 17 June 2008, for failing to go at the time prescribed to the appointed place of duty on or about 7 April 2008; being absent from the unit on or about 30 April 2008 until on or about 7 May 2008; wrongfully traveled beyond 100 mile radius of Fort Bragg without leave or an approved mileage pass; derelict in the performance of duties on or about 2 April 2008 and 27 April 2008; and dishonorably failed to maintain sufficient funds in the bank for payment of a check on or about 15 December 2007. The punishment consisted of a reduction to E-3; forfeiture of $894 pay per month for two months (suspended); and extra duty and restriction for 45 days. |Two Developmental Counseling Forms, for failure to be at appointed place of duty on time. i. Lost Time / Mode of Return: 6 days (AWOL, 30 April 2008 - 6 May 2008) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: Health Record, dated 15 April 2008, reflects the applicant was diagnosed with Adjustment Disorder with Anxiety. Report of Behavioral Health Evaluation, dated 12 May 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: Adjustment Disorder with Anxiety and Occupational stressors. It was noted The Service Member does not have a severe mental disorder. However, the Service Member manifest a long-standing disorder of character behavior and adaptability which is of such severity so as to preclude further military service. This pattern of behavior meets the criteria for a Personality Disorder IAW the DSM-IV and AR 635-20. Although not currently at significant risk for suicide or homicide due to these life-long patterns of maladaptive responses to routine stress, the Service Member may become potentially dangerous to self/others in the future. Report of Medical History, dated 13 May 2008, the examining medical physician noted in the comments section: Currently being followed by mental health for ongoing care. The applicant provided a copy of Progress Notes from North Texas HCS, which reflect on 20 March 2009, the applicant was diagnosed with: Posttraumatic Stress Disorder, Recurrent, Moderate; Alcohol Abuse; headaches, traumatic brain injury; estrangement from family, unemployment 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; two National Personnel Records Center Letters; Department of Veterans Affairs Letter; two DA Forms 4856; Separation Documents; DD Form 214; Orders 220-0265; Orders 219-0279; Orders 210-0283; DD Form 93; SGLV-8226. 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 14-12c 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 waivable and nonwaivable 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 waivable. 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 since being discharged the applicant has been diagnosed and treated for PTSD. The applicant's Army Military Human Resource Record (AMHRR) contains documentation which supports a diagnosis of in-service Adjustment Disorder with Anxiety and Occupational stressors. The record shows the applicant underwent a behavioral health evaluation (BHE) on 12 May 2008, which indicates the applicant was mentally responsible and was able to recognize right from wrong. The applicant was diagnosed with: Adjustment Disorder with Anxiety and Occupational stressors. It was noted The Service Member does not have a severe mental disorder. However, the Service Member manifest a long-standing disorder of character behavior and adaptability which is of such severity so as to preclude further military service. This pattern of behavior meets the criteria for a Personality Disorder IAW the DSM-IV and AR 635-20. Although not currently at significant risk for suicide or homicide due to these life-long patterns of maladaptive responses to routine stress, the Service Member may become potentially dangerous to self/others in the future. The BHE was considered by the separation authority. The applicant provided a copy of Progress Notes from North Texas HCS, which reflect on 20 March 2009, the applicant was diagnosed with: Posttraumatic Stress Disorder, Recurrent, Moderate; Alcohol Abuse; headaches, traumatic brain injury; estrangement from family, unemployment. The applicant contends the applicant should have been awarded the Purple Heart for an IED incident in Iraq and would like to have the grade of E-5 restored. The applicant's requests do not fall within this board's purview. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. 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, Anxiety Disorder, Depression, PTSD, and Mood Disorder. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found records contain in-service BH diagnoses of Adjustment Disorder, Anxiety Disorder, and Depression. VA records contain additional post-service BH diagnoses of PTSD, and Mood Disorder. The applicant is 90% service connected, 70% for PTSD (3) Does the condition or experience actually excuse or mitigate the discharge? Partially. The Board's Medical Advisor applied liberal consideration and opined that although the applicant has a BH diagnosis of PTSD it is only a partially mitigating factor for applicant's misconduct. AWOL and FTRs (avoidance) can be part of the sequela of symptoms associated with PTSD. Violating a lawful general regulation, committing fraud, dereliction of duty and damaging government property are not as these behaviors have no nexus with applicant's BH conditions. (4) Does the condition or experience outweigh the discharge? No. Despite the Board's application of liberal consideration, the Board concurred with the opinion of the Board's Medical Advisor, a voting member, that the available evidence did not support a conclusion that the applicant's Adjustment Disorder, Anxiety Disorder, Depression, PTSD, and Mood Disorder outweighed the basis for applicant's separation - AWOL, FTRs, violating a lawful general regulation, committing fraud, dereliction of duty and damaging government property. b. Response to Contention(s): (1) The applicant contends since being discharged the applicant has been diagnosed and treated for PTSD. The Board considered this contention and determined the applicant's PTSD does not mitigate the applicant's misconduct of violating a lawful general regulation, committing fraud, dereliction of duty and damaging government property. However, the Board determined an change to the applicant's narrative reason for discharge is warranted. (2) The applicant contends the applicant should have been awarded the Purple Heart for an IED incident in Iraq and would like to have the grade of E-5 restored. The Board determined that the applicant's requested change to the DD Form 214 does not fall within the purview of the ADRB. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using a DD Form 149 regarding this matter. A DD Form 149 may be obtained from a Veterans' Service Organization. d. The Board determined, based on the applicant's length and quality of service, to include combat service, and the circumstances surrounding the discharge (PTSD diagnosis), determined the narrative reason for the applicant's separation is now inequitable. Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. The Board determined the characterization of service was proper and equitable and voted not to change it. However, the applicant may request a personal appearance hearing to address further issues before the Board. 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. e. 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 Adjustment Disorder, Anxiety Disorder, Depression, PTSD, and Mood Disorder did not excuse or mitigate the offenses of violating a lawful general regulation, committing fraud, dereliction of duty and damaging government property. 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. (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: 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 AR20210002561 1