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 was told the applicant was unfit for deployment. The applicant was told the applicant was being transferred to the TTHS pending a medical evaluation. On 5 December 2003, the applicant was transferred to TTHS with the discharge pending medical evaluation. On 28 March 2004, the applicant's unsatisfactory packet was returned since unexcused absences were not documented. The applicant's request for conditional release apparently was not processed. On 9 July 2004, the applicant was called, and the applicant stated they thought they were being discharged. Two U-letters were on the way, the applicant confirmed a desire for a discharge and was told if the applicant did not come to July drill, the applicant would be placed in the IRR. Several things were pending and not followed through. The applicant still believed the discharge would be a medical and therefore honorable. b. Board Type and Decision: In a records review conducted on 16 August 2022, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and the circumstances surrounding the discharge (OBHI diagnosis). Accordingly, 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 135-178, Paragraph 11-1a, and the narrative reason for separation to Misconduct (Minor Disciplinary Infractions). 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: NIF / AR 135-178 / NIF / NIF / NIF / General (Under Honorable Conditions) b. Date of Discharge: 30 June 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 April 2002 / 8 years (USAR) b. Age at Enlistment / Education / GT Score: 18 / High School Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 92A10, Automated Logistical Specialist / 3 years, 2 months, 1 day d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: NIF f. Awards and Decorations: NIF g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant provided a copy of Developmental Counseling Form, dated 4 December 2003, which reflects the applicant was directed to report to SRP site; the applicant did not show, and was reported AWOL. The applicant provided a copy of a Developmental Counseling Form, dated 12 July 2004, which reflects the applicant was verbally counseled for failure to notify the unit of the applicant's absence on or about May, June and July 2004 for Drill. Orders 05-151-00054, dated 31 May 2005, reflect the applicant was discharged on 30 June 2005 from the United States Army Reserve, with a General (Under Honorable Conditions) i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of Jackson Clinic Professional Association Medical Record, dated 10 March 2003, which reflects the applicant was treated for depression and prescribed medication. The applicant provided a copy of a Physical Profile, dated 20 November 2003, which reflects the applicant's received a "S3" temporary profile for medical condition(s) as depression, Chronic PID, Recurrent Genital Herpes. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DA Form 7349 dated 20 November 2003 (reflecting depression diagnosis and sexual assault while at college and statement written by the applicant regarding the facts and circumstances surrounding Depression and sexual assault); Jackson Clinic Professional Association Medical Record dated 6 March 2003 reflecting a depression diagnosis; DA Form 3349 dated 20 November 2003 reflecting a temporary profile for Depression; chronic PID recurrent and genital herpes; DA Forms 4856 dated 4 December 2003 reflecting the applicant failure to report to an SRP and reflecting the initiation of a Bar to Reenlistment and order to attend drill until applicant is separated or retained; Clinical Record; DA Form 4187 dated 5 December 2003 reflecting the applicant's transfer to the TTHS is approved based on the applicant undergoing mental/medical evaluation and recommendation for discharge upon completion of the medical evaluation; SF Form 507 reflecting the applicant's was on a temporary profile for Depression; Transmittal Record dated 28 March 2004 from the 81st Regional Readiness Command to 342nd Quartermaster Battalion reflecting the applicant's unsatisfactory participation separation packet was returned without action based on insufficient evidence in the packet to separate or complete a TTHS transfer; DA 4856 dated 12 July 2004 for failure to notify the unit of the applicant's absence on or about May, June and July drill dates, which the applicant provided the reason that the applicant was under the impression the applicant was being out-processed and the Command plan of action included allowing the applicant to RST, work with the applicant on job conflicts and noted the applicant had Depression; DA 4187 dated 7 October 2004 requests the applicant be transferred to TTHS because of unsatisfactory participation and requests the applicant be discharged from the USAR; Orders 05-151-00054 dated 31 May 2005 reflecting the applicant was discharged with a General Discharge effective 30 June 2005 in accordance with AR 135-178. 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 135-91 (1) Paragraph 4-12b states that Soldiers will be charged with unsatisfactory participation when, without proper authority they: (1) accrue nine or more unexcused absences from scheduled IDT periods in any 12 month period; (2) fail to obtain a unit of assignment during an authorized absence as refenced in section IV; or (3) fail to attend or complete AT. Commanders are required to provide the Soldier notice of the unexcused absence in person or via mail during or immediately following the unit training assembly; the first notification commencing after the fourth absence will be sent certified mail, return receipt requested. After notifying the Soldier of the unexcused absence and providing an opportunity to provide a reason for the Soldier's absence, the Commander's statement will reflect a determination as to whether the Soldier's reason that resulted in a determination of unsatisfactory participation was valid or an emergency. (2) Paragraph 6-2 states that when a Soldier is determined to be a unsatisfactory participant in accordance with Chapter 4, the Commander will provide the Soldier notice of the commander's determination that the Soldier is an unsatisfactory participant and initiate proceedings that result in reassignment, transfer, or separation. e. Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. (1) Paragraph 2-7, prescribes possible characterizations of service include an honorable, general (under honorable conditions), under other than honorable conditions, or uncharacterized if the Soldier is in entry-level status. However, the permissible range of characterization varies based on the reason for separation. (2) Paragraph 2-8, prescribes the characterization is based upon the quality of the Soldier's service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army regulations, and the time-honored customs and traditions of the Army. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. (3) Paragraph 12-1 sets forth the requirements for discharging a Soldier for unsatisfactory participation in the Ready Reserve. A Soldier is subject to discharge when the Command determines that the Soldier is unqualified for further military service because the Soldier is an unsatisfactory participant as prescribed in AR 135-91 and the Command made attempts to have the Soldier respond or comply with orders or correspondence have resulted in a failure to comply, sent a notice via certified mail was refused, unclaimed, or otherwise undeliverable, and verified that the Soldier failed to notify the Command of a change of address and reasonable attempts to contact the Soldier have failed. (4) Chapter 13, provides explicitly for separation under the prerogative of the Secretary of the Army. Secretarial plenary separation authority is exercised sparingly and seldom delegated. Ordinarily, it is used when no other provision of this regulation applies, and early separation is clearly in the Army's best interest. Separations under this paragraph are effective only if approved in writing by the Secretary of the Army or the Secretary's approved designee as announced in updated memorandums. Secretarial separation authority is normally exercised on a case-by-case basis. 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 Army Military Human Resource Record (AMHRR) is void of the specific facts and circumstances concerning the events which led to the applicant's discharge from the Army Reserve. The applicant's AMHRR does contain a properly constituted discharge order: Orders 05-151-00054, dated 31 May 2005. The orders indicate the applicant was discharged under the provisions of AR 135-178, with a characterization of service of general (under honorable conditions). The applicant contends the discharge should have been for medical reasons. Army Regulation 635-200, in pertinent part, stipulates commanders will not separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. The applicant contends suffering from depression. The applicant provided a copy of Jackson Clinic Professional Association Medical Record, dated 10 March 2003, which reflects the applicant was treated for depression and prescribed medication. The applicant provided a copy of Physical Profile, dated 20 November 2003, reflects the applicant's received a temporary "S3" profile for Depression. The AMHRR did not contain a mental status evaluation. The applicant contends several things were pending and not followed through. The applicant still believed the discharge would be medical and therefore honorable. The 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 the following diagnoses or experiences which can, under certain circumstances, potentially mitigate or excuse misconduct leading to separation: Depression. (2) Did the condition exist, or experience occur during military service? Yes. The Board's Medical Advisor found that Depression existed during military service. (3) Does the condition or experience excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that after reviewing the available information, applicant's self-report alone is sufficient to merit consideration of liberal consideration by the board. Given the additional factors present (the applicant's report of receiving a temporary profile, her report of being referred to MEB for her depressive condition and her history of pre-service sexual assault), it is the medical advisor's opinion that her BH condition (Depression) contributed to her unsatisfactory participation and is mitigated under Liberal Consideration. (4) Does the condition or experience outweigh the discharge? Yes. Based on liberally considering all the evidence before the Board, the ADRB determined that the condition or experience outweighed the basis of separation. b. Response to Contention(s): (1) The applicant contends the discharge should have been for medical reasons and suffering from depression. The Board determined this contention was valid after review of the applicant's DOD and VA health records. It revealed the applicant was diagnosed in service with Depression. (2) The applicant contends several medical separation considerations were pending and not followed through. The applicant still believed the discharge would be medical and therefore honorable. 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 medical mitigation fully outweighing the applicant's basis for separation. c. The Board determined the characterization of service was inequitable based on the applicant's length and the circumstances surrounding the discharge (OBHI diagnosis). Accordingly, 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 135-178, Paragraph 11-1a, and the narrative reason for separation to Misconduct (Minor Disciplinary Infractions). d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's Depression diagnosis mitigated the applicant's Unsatisfactory Participation misconduct. Thus, the prior characterization is no longer appropriate. (2) As there were no Reasons/SPD Codes listed on the applicant's discharge paperwork, due to being in the Army Reserves, no upgrade actions are required for these items. (3) As there is no RE-code listed on the applicant's discharge paperwork, due to being in the Army Reserves, no upgrade actions are required for this item. 10. BOARD ACTION DIRECTED: a. Issue a New Separation Order: Yes b. Change Characterization to: Honorable c. Change Authority to: AR 135-178, Paragraph 11-1a 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 AR20210002683 1