1. Applicant's Name: a. Application Date: 30 December 2020 b. Date Received: 12 January 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, he would like to improve his career goals and continue to serve his country as a federal employee or contractor. He would also like to explore his education objectives. In a records review conducted on 1 December 2021, and by a 3 - 2 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, the circumstances surrounding the discharge (OBHI and PTSD diagnoses). 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), and 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 19 September 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 August 2011 (2) Basis for Separation: The applicant was informed of the following reasons: On or about 20 October 2011 to on or about 11 February 2011, the applicant willfully disobeyed a lawful command from his commanding officer. In addition, on or about 13 May 2011, the applicant made a false statement to a senior noncommission officer. The applicant was given ample time to overcome the deficiency and to become a satisfactory soldier but failed to do so. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 10 August 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 24 August 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 October 2007 / 4 years b. Age at Enlistment / Education / GT Score: 21 / Test-Based Equivalent Diploma / 110 c. Highest Grade Achieved / MOS / Total Service: E-3 / 25U10, Signal Support System Specialist / 3 years, 10 months, 19 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 6 April 2011, reflects the applicant failed to obey a lawful command on or about 20 October 2010 to on or about 11 February 2011 and on or about 18 Amy 2011, with intent to deceive, make a false official statement to SFC W. The punishment consisted of reduction to private (PVT)/E-2, suspended, to be automatically remitted if not vacated before 3 October 2011; forfeiture of $383 pay, suspended, to be automatically remitted if not vacated before 3 October 2011; and extra duty and restriction for 45 days. The applicant's suspended punishment was vacated on 23 May 2011, based on the applicant's failure to go to his appointed place without authority on or about 18 May 2011. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: A Report of Mental Status Evaluation (MSE), dated 10 June 2011, reflects the applicant required further assessment to determine fitness for duty. The applicant was not cleared for administrative proceedings. He met criteria for major depressive disorder and may meet criteria for anxiety disorder but further evaluation was recommended. The applicant was diagnosed with major depressive disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, eBenefits information, Letter from the Department of Veteran Affairs, dated 7 December 2020, College transcripts, Letter of support 6. POST SERVICE ACCOMPLISHMENTS: The applicant provided college transcripts showing he attended college after his discharge. 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 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 14-12a addresses minor disciplinary infractions, defined as a pattern of misconduct, consisting solely of minor military disciplinary infractions. (7) 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. 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 contends he would like to improve his career goals and continue to serve his country as a federal employee or contractor. He would also like to explore his educational objectives. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill 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. The Board does not grant relief to gain employment or enhance employment opportunities. The applicant's AMHRR contains documentation that supports a diagnosis of in-service major depressive disorder. The record shows the applicant underwent a mental status evaluation (MSE) on 10 June 2011, indicates the applicant the applicant required further assessment to determine fitness for duty. The applicant was not cleared for administrative proceedings. The applicant met criteria for major depressive disorder and may meet criteria for anxiety disorder but further evaluation was recommended. 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 the applicant's DOD and VA health records. The applicant has been diagnosed with the following potentially mitigating BH conditions: Adjustment Disorder, Major Depressive Disorder, Bipolar Disorder, and PTSD. (2) Did the condition exist or experience occur during military service? Yes. The conditions diagnosed during military service include Adjustment Disorder and Major Depressive Disorder. The conditions diagnosed post-service by the VA and related to military service include Bipolar Disorder (70% service connected); Major Depressive Disorder; and PTSD. (3) Does the condition or experience actually excuse or mitigate the discharge? Partially. As there is an association between PTSD and difficulty with authority figures, there is a nexus between applicant's diagnosis of PTSD and his disobeying an order. However, the applicant's making of a false official statement is not mitigated by his diagnoses of Bipolar Disorder; Major Depressive Disorder or PTSD. While any or all of these conditions can cause one to have memory difficulties which could contribute to making a false official statement, that does not appear to be the case here. There is no evidence in the military medical record of the applicant having memory difficulty. While Bipolar mania or Bipolar psychosis can, under some circumstances, lead to grandiose and/or delusional false statements, there is no evidence in the military medical record indicating that the applicant was suffering from mania or psychosis while on active duty. Finally, neither PTSD, Major Depressive Disorder or Bipolar Disorder (in the absence of psychosis) affect one's ability to distinguish right from wrong and act in accordance with the right. (4) Does the condition or experience outweigh the discharge? Partially. The Board concurred with the opinion of the Board's Medical Advisor, a voting member, that PTSD is often associated with disobeying an order. As a result, the ADRB applied liberal consideration and found that the cause for separation is partially mitigated by PTSD. The applicant's offense of making a false official statement is not medically mitigated, as there is no nexus between these behaviors and the BH conditions listed. b. Response to Contentions: (1) The applicant contends he would like to improve his career goals and continue to serve his country as a federal employee or contractor. The Board does not grant relief to gain employment or enhance employment opportunities. However, the Board voted to upgrade the applicant's characterization due to the mitigating PTSD. (2) The applicant contends he would like to explore his educational objectives. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill 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. c. The Board determined the discharge is inequitable based on the applicant's length and quality of service, the circumstances surrounding the discharge (OBHI and PTSD diagnoses). d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant had PTSD which mitigated at least part of the applicant's for disobeying an order. The mitigating circumstances as a whole outweighed the non-mitigated false statement. 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 AR20210011455 1