1. Applicant's Name: a. Application Date: 22 March 2021 b. Date Received: 26 March 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, under long term severe anxiety and depression and the unit failed to protect the applicant, prevent perceived bullying, nor did the unit provide access to treatment. The applicant left the unit to see family in Africa because of lack of trust with anyone, to include the leadership. The applicant was arrested and processed for discharge. Upon discharge, the applicant underwent rehabilitation and sought mental health treatment through the Department of Veteran Affairs (VA). The applicant is currently using a rehabilitation program to get an education in order to obtain meaningful employment and integrate into society as a productive citizen as a nurse with VA. In a telephonic personal appearance hearing conducted on 7 February 2022, and by a 4 - 1 vote, the Board determined the discharge is inequitable based on post-service accomplishments. Therefore, 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 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), with a corresponding separation code of JKN. 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, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 29 April 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 April 2016 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was absent from his unit from on or about 29 December 2015 to on or about 11 March 2016. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Applicant waived legal counsel on 21 April 2016. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 21 April 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 February 2014 / 6 years b. Age at Enlistment / Education / GT Score: 28 / BA Degree / 129 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68C10, Practical Nurse Specialist / 2 years, 27 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: FG Article 15, dated 30 March 2016, reflects the applicant was absent from his unit without authority from 29 December 2015 to 11 March 2016; disrespectful in language and deportment toward SSG H; and failed to obey a lawful order issued by SSG M. The punishment consisted of reduction to private(PVT)/E-2; forfeiture of $878 pay for two months (suspended); and extra duty and restriction for 45 days. The applicant was counseled on multiple occasions for various acts of misconduct. i. Lost Time / Mode of Return: AWOL X 73 days, 29 December 2015 - 11 March 2016 / Returned to unit j. Diagnosed PTSD / TBI / Behavioral Health: A Report of Mental Status Evaluation (MSE), dated 15 March 2015, reflects the applicant could understand and participate in administrative proceedings and could appreciate the difference between right and wrong. The applicant was diagnosed with an adjustment disorder. There was no evidence of psychosis or other significant psychiatric illness. The applicant met retention standards for psychiatric conditions in accordance with AR 40-501 and was cleared for administrative separation. 5. APPLICANT-PROVIDED EVIDENCE: On-line application, DD Form 214, Letter of support, Post- Service Progress Notes 6. POST SERVICE ACCOMPLISHMENTS: The applicant states underwent rehabilitation and sought mental health treatment through VA. The applicant is currently using a rehabilitation program to get an education in order to obtain meaningful employment and integrate into society as a productive citizen as a nurse with VA. 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), dated 25 September 2019, 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 5 provides for the basic separation of enlisted personnel for the convenience of the government. Paragraph 5-3 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. (5) 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. (6) 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. (7) Paragraph 14-12c, states 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. 8. DISCUSSION OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant requests an upgrade to honorable. The applicant seeks relief contending, under long term severe anxiety and depression and the unit failed to protect the applicant, prevent perceived bullying, nor did the unit provide access to treatment. The applicant left the unit to see family in Africa because of lack of trust with anyone, to include the leadership. The applicant was arrested and processed for discharge. Upon discharge, the applicant underwent rehabilitation and sought mental health treatment through the Department of Veteran Affairs (VA). The applicant is currently using a rehabilitation program to get an education in order to obtain meaningful employment and integrate into society as a productive citizen as a nurse with VA. The applicant's AMHRR contains documentation that supports a diagnosis of in-service adjustment disorder. The record shows the applicant underwent a mental status evaluation (MSE) on 15 March 2015, which indicates the applicant could understand and participate in administrative proceedings and could appreciate the difference between right and wrong. The MSE was considered by the separation authority. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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. The applicant was diagnosed with Adjustment Disorder while on active duty and 30% service connected by the VA for the diagnosis of Generalized Anxiety Disorder (GAD). (2) Did the condition exist or experience occur during military service? Yes. Applicant was diagnosed with Adjustment Disorder while on active duty; applicant was diagnosed and 30% service connected by the VA for the diagnosis of Generalized Anxiety Disorder (GAD). (3) Does the condition or experience actually excuse or mitigate the discharge? Partially. The Board's Medical Advisor determined, GAD would not ordinarily excuse an approximately 3-month long period of AWOL, in the applicant's case. However, the diagnosis of GAD does partially mitigate the period of AWOL. Based on the facts and circumstances presented, the applicant had a difficult time culturally adapting to the military and this difficulty was compounded by the Anxiety DO. The combination of these two factors directly contributed to the applicant's decision to be absent without leave. (4) Does the condition or experience outweigh the discharge? Yes. The Board concurred with the opinion of the Board's Medical Advisor, a voting member, that mitigating BH illness of GAD is often associated with the applicant's reason for discharge of AWOL for the reasons listed in (3) above. As a result, the ADRB applied liberal consideration and found that the BH conditions outweighed the basis for separation. b. The applicant submitted the following additional contention(s): Applicant provided oral argument and statements in support of the contentions provided in written submissions and in support of previously submitted documentary evidence. c. Counsel / Witness(es) / Observer(s): None. d. Response to Contention(s): (1) The applicant seeks relief contending, under long term severe anxiety and depression and the unit failed to protect and prevent perceived bullying and provide access to treatment for anxiety and depression. The Board determined that the applicant did not provide any evidence to support the contention of perceived bullying. The Board's resolute was the applicant had a hard time fitting and went AWOL. The Board voted to upgrade the characterization of service due to medical mitigations. e. The Board determined the Board determined the discharge is inequitable based on the post-service accomplishments. Therefore, 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 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), with a corresponding separation code of JKN, and the reentry code to RE-3. f. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant had a BH condition of Adjustment Disorder which mitigated the applicant's misconduct of AWOL. Thus the prior characterization is no longer appropriate. (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: Honorable 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 AR20210007390 5