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 general (under honorable conditions). The applicant requests an upgrade to honorable. The applicant seeks relief contending, in effect, while in the service suffering from Post-Traumatic Stress Disorder (PTSD) due to hazing. The applicant also suffered from severe Anxiety Disorder; Depression; Obsessive Compulsive Disorder, as well as knee and back issues, which are annotated in the military medical records. In a records review conducted on 25 May 2022, and by a 5-0- vote, the Board denied the request upon finding the separation was both proper and equitable. 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, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 6 November 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 22 October 2009 (2) Basis for Separation: The applicant was informed of the following reasons: On 7 May 2009, the applicant was counseled for disobeying a noncommissioned officer, being disrespectful to a noncommissioned officer, and giving a false official statement. On 26 May 2009, the applicant was counseled for failure to follow instructions and not being in the proper uniform. On 15 June 2009, the applicant was counseled for failure to be at the appointed place of duty and being disrespectful to a noncommissioned officer. On 6 August 2009, the applicant was counseled for failure to be at the appointed place of duty. On 11 August 2009, the applicant was counseled for disobeying a noncommissioned officer and failure to be at the appointed place of duty. On 14 August 2009, the applicant was counseled for failure to be in the proper uniform. On 15 September 2009, the applicant was counseled for failure to be at the appointed place of duty. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 22 October 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 27 October 2009 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 March 2008 / 4 year, 19 weeks b. Age at Enlistment / Education / GT Score: 23 / Associate’s Degree / 119 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11C10 B1, Indirect Fire Infantryman / 1 year, 7 months, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 14 September 2009, for: The applicant, on five occasions, willfully disobeyed a lawful order from a noncommissioned officer (7 April 2009; 26 May 2009; 14 August 2009). The applicant, with intent to deceive, made a false official statement, to SGT C.H., regarding being on profile and could not wear gear (7 April 2009). The applicant was disrespectful in language toward an NCO, by saying, “You don’t have to give me shit, Sergeant” (7 April 2009). The applicant, on three occasions, without authority, failed to go at the time prescribed to the appointed place of duty (15 June 2009, 5 August 2009, 7 August 2009). The punishment consisted of a reduction to E-2 and extra duty and restriction for 14 days. Report of Mental Status Evaluation, dated 11 August 2009, reflects the applicant was psychologically cleared for administrative separation by Chapter 14-12. The applicant was mentally responsible and had the mental capacity to understand and participate in the proceedings. The evaluation did not indicate any diagnosis. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical Examination, dated 9 September 2009, the examining medical physician noted in the summary of defects and diagnoses section: Adjustment Disorder with anxious mood; Status Post Surgery Right Knee. Report of Medical History, dated 9 September 2009, the examining medical physician noted in the comments section: Knee pain since October 2008, seen and treated at Orthopedics; History of Anxiety (illegible) for eight to nine months, has been seen at mental health; Depression (illegible) for eight to nine months, evaluated at mental health. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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 14-12b, 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 waivable and nonwaivable separations. Table 3-1, defines reentry eligibility (RE) codes. RE-3 applies to a 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 Post-Traumatic Stress Disorder (PTSD), other mental health issues, and knee and back issues affected behavior and ultimately led to the discharge. The AMHRR reflects the applicant underwent a mental status evaluation on 11 August 2009, which reflects the applicant was psychologically cleared for administrative separation by Chapter 14-12. The applicant was mentally responsible and had the mental capacity to understand and participate in the proceedings. The evaluation did not indicate any diagnosis. The record shows the applicant underwent a medical examination on 9 September 2009, which shows the examiner indicated Adjustment Disorder with anxious mood; Status Post Surgery Right Knee. The Report of Medical History shows the examining medical physician noted: Knee pain since October 2008, seen and treated at Orthopedics; History of Anxiety for eight to nine months, has been seen at mental health; and Depression for eight to nine months, evaluated at mental health. The MSE and medical examination was considered by the separation authority. The applicant contends the mental health issues were due to hazing. There is no evidence in the AMHRR the applicant sought assistance or reported the harassment. The record 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 DoD and VA medical records, applicant submissions and third-party statements, and found the applicant was diagnosed with Anxiety Disorder, Adjustment Disorder, Generalized Anxiety Disorder (GAD), Depressive Disorders, Unspecified Mood Disorder, Alcohol and Stimulant Use Disorders, and OCD, 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? Yes. The applicant held in-service diagnoses of Anxiety Disorder, and Adjustment Disorder. Post-service, the applicant is service connected for GAD with additional diagnoses of Depressive Disorders, Unspecified Mood Disorder, Alcohol and Stimulant Use Disorders, and OCD. While the applicant has asserted PTSD, in-service and VA providers disagree and have not diagnosed PTSD. (3) Does the condition or experience actually excuse or mitigate the discharge? No. The Board's Medical Advisor determined that the medical conditions do not mitigate the basis of separation. Although liberal consideration was applied, the applicant’s basis for separation is not mitigated by the diagnoses. Specifically, disrespect, false official statements, disobeying orders, and FTRs are not a natural progression or normal sequela of the diagnosis. (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 any of the applicant’s medical conditions of Anxiety Disorder, Adjustment Disorder, Generalized Anxiety Disorder (GAD), Depressive Disorders, Unspecified Mood Disorder, Alcohol and Stimulant Use Disorders, and OCD completely outweighed the basis for applicant’s separation – disrespect to NCOs, false official statements, disobeying orders, and FTRs. b. Response to Contention(s): (1) The applicant contends Post-Traumatic Stress Disorder (PTSD), other mental health issues, and knee and back issues affected behavior and ultimately led to the discharge. The Board considered this contention and the applicant’s assertion of PTSD, however the Board determined that there is no evidence of said diagnoses in official or medical records, and the applicant did not provide supporting documentation by a qualified medical professional to provide merit to the claim. Ultimately, the Board determined that the assertion alone did not outweigh the basis of separation due to the severity of the offenses. (2) The applicant contends the mental health issues were due to hazing. The Board considered this contention but determined that the Army has many legitimate avenues available to service members requesting assistance with hazing issues, and there is no evidence in the official records nor provided by the applicant that such assistance was pursued. The Board concluded that the applicant’s disrespect to NCOs, false official statements, disobeying orders, and FTRs are not acceptable responses to dealing with hazing issues, thus the applicant was properly and equitably discharged. c. The Board determined that the discharge is, at this time, proper and equitable, in light of the current evidence of record. However, the applicant may request a personal appearance hearing to address the 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 not to change the applicant’s characterization of service because, despite applying liberal consideration of all the evidence before the Board, the applicant’s Anxiety Disorder, OCD, Adjustment Disorder, Generalized Anxiety Disorder (GAD), Depressive Disorders, and Unspecified Mood Disorder did not excuse or mitigate the offenses of disrespect to NCOs, false official statements, disobeying orders, and FTRs 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 not to change the applicant’s reason for discharge or accompanying SPD code under the same pretexts, and the reason the applicant was discharged was both proper and equitable. (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 / Separation Order: No b. Change Characterization to: No Change c. Change Reason / SPD code to: No Change d. Change RE Code to: No Change e. 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 AR20210002984 1