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, applicant suffered from untreated mental health conditions: PTSD, depression, anxiety, and sleep apnea, which applicant developed from serving applicant’s country. The applicant states applicant’s discharge is directly related to applicant’s untreated mental health condition. In a records review conducted on 22 March 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: Misconduct / AR 635-200, Chapter 14- 12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 29 March 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 February 2004 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was disrespectful to superior noncommissioned officers; The applicant disobeyed noncommissioned officers, made several false statements; The applicant was AWOL from 5 February 2002 until 25 February 2002; and, from 4 March 2002 until 6 March 2002; and, The applicant was FTR on several occasions. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 18 February 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 March 2004 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 June 2001 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 98 c. Highest Grade Achieved / MOS / Total Service: E-3 / 42A10, Human Resources / 2 years, 8 months, 13 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (20 September 2002 – 10 August 2003) f. Awards and Decorations: NDSM; GWOTEM; GWOTSM; ASR; PUC g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant received a FG Article 15, dated 26 March 2002, for absenting them self from applicant’s unit without authority on 4 March 2002, and remained absent until 6 March 2002, and for absenting them self from applicant’s unit without authority on 5 February 2002, and remained absent until 25 February 2002. The punishment consisted of a reduction to E-1 (suspended); forfeiture of $250; and, 45 days of extra duty. Negative counseling statements for failing to be at applicant’s appointed place of duty at the prescribed time on numerous occasions; failing to act like a Soldier on and off duty; being arrested, being in jail; driving, and speeding with a suspended license; making false official statements; being disrespectful towards an NCO; making provoking speeches or gestures; performance being substandard; attitude nasty and unacceptable; using vulgar language; assaulting a fellow Soldier; being AWOL twice; failing to appear in court and having a bench warrant issued for applicant’s arrest; and, bar to reenlistment being imposed. Report of Mental Status Evaluation, dated 28 October 2003, indicates the applicant was psychiatrically cleared for any administrative action deemed appropriate by the command. Four Personnel Action forms, reflect the applicant’s duty status changed as follows: From “Present for Duty (PDY)” to “Absent Without Leave (AWOL),” effective 5 February 2002; From “AWOL” to “PDY,” effective 25 February 2002; From “PDY” to “AWOL,” effective 4 March 2002; and, From “AWOL” to “PDY,” effective 6 March 2002. i. Lost Time / Mode of Return: 22 days AWOL, 5 February 2002 – 24 February 2002 / NIF AWOL, 4 March 2002 – 5 March 2002 / NIF j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of a VA disability rating decision, dated 31 May 2018, reflecting the applicant was assigned 70 percent evaluation for PTSD with alcohol abuse; VA letter, dated 14 January 2019, reflects the same. VA progress notes indicate an impression of Axis I: PTSD, chronic 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; VA rating decision; VA letter; VA Progress notes. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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 seeks relief contending, in effect, applicant suffered from untreated mental health conditions: PTSD, depression, anxiety, and sleep apnea, developed during applicant’s service, which mitigated applicant’s conduct, therefore, applicant’s characterization should be honorable. The applicant provided a copy of a VA disability rating decision, dated 31 May 2018, reflecting the applicant was assigned 70 percent evaluation for PTSD with alcohol abuse; VA letter, dated 14 January 2019, reflects the same diagnosis, and a VA progress note, noted PTSD, chronic. Report of Mental Status Evaluation (MSE), dated 28 October 2003, indicated the applicant was psychiatrically cleared for any administrative action deemed appropriate by the command. The MSE was considered by the separation authority. 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 Alcohol Abuse and PTSD, and self-asserted having Depression, Anxiety and Sleep Apnea, which, in the opinion of the Board’s Medical Advisor, after applying liberal consideration, could potentially mitigate the applicant’s basis for separation. (2) Did the condition exist or experience occur during military service? Yes. The Board’s Medical Advisor found the applicant has post-service BH diagnoses of Alcohol Abuse and PTSD that existed during military service, but the weight of the evidence did not support that applicant had Depression, Anxiety, or Sleep Apnea during military service. (3) Does the condition or experience actually excuse or mitigate the discharge? Partially. The Board’s Medical Advisor, after applying liberal consideration, opined that while the applicant has a BH diagnosis of PTSD during military service, that PTSD does not mitigate all the basis for separation. The applicant’s AWOLs and many FTRs are not mitigated by applicant’s PTSD as they occurred before the event that led to applicant’s PTSD. Additionally, making a false statement, as well as driving, and speeding with a suspended license are not mitigated as it is not part of the sequela of symptoms associated with PTSD. There is a nexus between applicant’s disrespect of an NCO, and FTRs that occurred after the PTSD triggering event that fully mitigates this wrongful conduct that was the basis for applicant’s 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, that the available evidence did not support a conclusion that applicant’s PTSD outweighed the numerous unmitigated basis for applicant’s separation. b. Response to Contention(s): The applicant seeks relief contending, in effect, applicant suffered from untreated mental health conditions: PTSD, depression, anxiety, and sleep apnea, developed during applicant’s service, which mitigated applicant’s conduct, therefore, applicant’s characterization should be honorable. While the Board acknowledges and liberally considered the applicant’s PTSD diagnosis, the Board determined the applicant’s other BH conditions did not exist during military service. Therefore, the Board determined that the discharge was appropriate because applicant’s PTSD did not outweigh the unmitigated basis for separation. c. The Board determined that the discharge is, at this time, proper and equitable, in light of the current evidence of record. The applicant has exhausted their appeal options available with ADRB. However, the applicant may still apply to the Army Board for Correction of Military Records. 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 PTSD and Alcohol Abuse diagnoses did not excuse or mitigate the offenses of AWOL, several FTRs, driving, and speeding with a suspended license, and making a false statement, and therefore the discharge was both proper and equitable. 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 AR20210003089 1