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: The current characterization of service for the period under review is under other than honorable conditions. The applicant requests an upgrade to honorable. The applicant seeks relief contending, in effect, while on active duty, the applicant began hearing voices and the voices would tell the applicant to do certain things, to include leaving the branch. The applicant claims that applicant spoke with the squad leader and platoon sergeant about the depression and the mental health issues. The applicant states his mental health continued to deteriorate and the applicant attempted to commit suicide in 2013. The applicant claims that applicant's platoon sergeant reached out to the applicant and the applicant assured the platoon sergeant of being fine and would continue to perform the duties as a Soldier during drill. The applicant claims that applicant left the branch, and was homeless for a period of time. As a 23- year-old living on the streets, the applicant claims that applicant decided to seek medical help and was diagnosed with schizophrenia in March 2018. The applicant believes the discharge was unjust because of the mental health issues and not receiving the care needed from the unit, which led to the homelessness and a considerable amount of distress. Since then, the applicant claims that applicant has returned to school and has been excelling in studies. The applicant claims that applicant is unable to face fellow Soldiers with an under other than honorable conditions discharge. In a records review conducted on 10 May 2022, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length, homelessness, and post services accomplishments and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to General, Under Honorable Conditions. The Board determined the narrative reason, SPD code, and RE code were proper and equitable and voted not to change them. 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 / NA / NA / Under Other Than Honorable Conditions b. Date of Discharge: 17 June 2013 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: 7 March 2009 / 8 years b. Age at Enlistment / Education / GT Score: 19 / Some College / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 68W10, Health Care Specialist / 4 years, 3 months, 11 days d. Prior Service / Characterizations: USAR 7 March 2009 - 28 June 2009 / NA IADT, 29 June 2009 - 5 February 2010 / HD (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Headquarters, 88th Regional Support Command, Fort McCoy, WI, Orders 13-161-00051, dated 10 June 2013, reflect the applicant was reduced to E-1, effective 10 June 2013 and discharged under the provisions of AR 135- 178, with a characterization of service of under other than honorable conditions, effective 17 June 2013. i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided Kaiser Permanente Visit Verification letter, dated 21 May 2019, reflecting the applicant was treated for schizophrenia since January 2018, but the symptoms had been occurring about two years prior to seeking treatment. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; Two DD Forms 293; Congressional Privacy Act Release; Kaiser Permanente letter; NRPC letter; college transcript; Stanford Health Care Volunteer Hours Verification. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends returning to school, excelling in studies, and volunteering in the medical field. 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 135-178 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. 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 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 AMHRR record does contain a properly constituted discharge order: Orders 13-161-00051, dated 10 June 2013. The orders indicate the applicant was discharged under the provisions of AR 135-178, with a characterization of service of under other than honorable conditions. The applicant contends schizophrenia affected behavior which ultimately led to the discharge. The applicant provided a medical document indicating the applicant was treated for schizophrenia since January 2018, but the symptoms had been occurring about two years prior to seeking treatment. The AMHRR is void of a mental status evaluation. The applicant contends not receiving any assistance from the command for the mental health issues. The applicant indicated when the platoon sergeant reached out to check on the applicant's wellbeing, the applicant indicated nothing was wrong. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends good service. The applicant contends homelessness. Eligibility for housing support program benefits for Veterans 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. Moreover, all veterans at risk for homelessness or attempting to exit homelessness can request immediate assistance by calling the National Call Center for Homeless Veterans hotline at 1-877-424-3838 for free and confidential assistance. The applicant contends returning to school, excelling in studies, and volunteering in the medical field. 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. 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 DoD and VA medical records, applicant submissions and third party statements, and found the applicant was diagnosed with schizophrenia, which, in the opinion of the Board's Medical Advisor, after applying liberal consideration, could potentially mitigate a discharge. (2) Did the condition exist or experience occur during military service? No. The Board's Medical Advisor found the applicant was diagnosed with schizophrenia post-service, but did not exist during applicant's military service, nor was it service connected. (3) Does the condition or experience actually excuse or mitigate the discharge? No. The Board's Medical Advisor, after applying liberal consideration opined that the applicant does not have any BH diagnosis that actually mitigated the applicant's missing drills, the Board-accepted basis for separation. (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 and voted that the applicant's Schizophrenia did not outweigh the unmitigated basis for applicant's separation - the Board-accepted basis of separation, missing drill. b. Response to Contention(s): (1) The applicant contends schizophrenia affected behavior which ultimately led to the discharge. The Board liberally considered this contention but determined that the applicant's Schizophrenia does not outweigh the applicant's unmitigated Board-accepted basis for discharge. However, the Board determined the applicant's discharge is too harsh based on the Board-accepted basis for separation, and warrants an upgrade in characterization to General, under honorable conditions. (2) The applicant contends good service. While Board acknowledges the applicant's assertion of good service, the Board determined the applicant's discharge is too harsh based on the Board-accepted basis for separation, and warrants an upgrade in characterization to General, under honorable conditions. (3) The applicant contends homelessness. The Board considered this contention but determined that the applicant's discharge is too harsh based on the Board-accepted basis for separation, and warrants an upgrade in characterization to General, under honorable conditions. (4) The applicant contends returning to school and excelling in the studies and volunteering in the medical field. 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. In this case, the Board considered this contention, but determined that the applicant's discharge is too harsh and warrants an upgrade in characterization to General, under honorable conditions. c. The Board determined that the characterization of service was too harsh based on the Board-accepted basis for separation, and warrants an upgrade in characterization to General, under honorable conditions. The applicant's USAR separation order does not include a narrative reason, SPD code, and RE code. 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. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to General Under Honorable Conditions due to the current characterization being too harsh based on the Board-accepted basis for separation - missing USAR drills. (2) As there is no discharge narrative reason, accompanying SPD or RE-code listed on the applicant's discharge paperwork, due to being in the Army Reserves, there are no upgrades available for these items. 10. BOARD ACTION DIRECTED: a. Issue a New Separation Order: Yes b. Change Characterization to: General, Under Honorable Conditions c. Change Authority to: No Change 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 AR20210002973 1