1. Applicant's Name: a. Application Date: 15 February 2023 b. Date Received: 27 February 2023 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: a. Applicant's Requests and Issues: 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, struggling with severe anxiety and depression, which were directly connected to the applicant's military service and required medication. The conditions began during military service and became worse over time. The applicant's attendance record was not affected until 12 July 2016, when the applicant experienced a significant loss: the death of the applicant's cousin, who was like a sibling to the applicant. This loss triggered the applicant's substance abuse, and as a result, the applicant's mental health declined rapidly, causing the applicant's depression and anxiety to spiral out of control into paranoia and psychotic tendencies. In the same month, the applicant lost a full-time job, and because of the applicant's mental health, the applicant was unable to return to college, which affected the applicant's ability to pay the bills, including the applicant's phone bill. The applicant was evicted within two months of the applicant's mental health decline and became homeless. Because of the applicant's mental state, the applicant was unable to contact anyone in the applicant's unit, and no one in the chain of command had any means of making a buddy check. The applicant was unable to obtain medication, which was essential for managing the applicant's mental health while dealing with a mental breakdown. The applicant believes the discharge is a direct result of the applicant's mental health condition, which was caused or became worse by the applicant's military service. The condition outweighs any other reasons for the discharge, including the applicant's attendance record, because the applicant's mental health issues were beyond the applicant's control. The applicant included supporting documents to demonstrate the applicant's challenges with mental health during the time in service and the continued efforts towards post-service improvement. The applicant has successfully battled anxiety, depression, and psychotic episodes for five years, achieving a full recovery through a combination of medication, counseling, and abstinence from substance abuse. The applicant has made significant strides academically and is pursuing a four-year Bachelor of Science degree in Computer Science. During the fall semester of 2022, the applicant was named to the President's Honor Roll at Cameron University, achieving a 4.0 grade point average (GPA). The academic achievements demonstrate the applicant's discipline, hard work, and commitment to excellence. The applicant has been able to create a successful personal life and is excited to be welcoming the applicant's first-born child, who is due two days after the applicant's graduation. The applicant is eager to pursue new opportunities with an upgrade the discharge and reenlistment as an active-duty officer and is considering pursuing information technology (IT) contracting for the government. The applicant is committed to continuing the education and professional development. The applicant believes perseverance and dedication will lead to future successes in the applicant's personal and professional lives. The applicant's accomplishments reflect the applicant's ongoing commitment to self-improvement and growth and showcase the dedication to becoming a productive member of society. The applicant further details the contentions in the application. b. Board Type and Decision: In a telephonic personal appearance hearing conducted on 16 October 2023, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, homelessness, and post service accomplishments. 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 was proper and equitable and voted not to change it. As there is no RE-code listed on the applicant's discharge paperwork, due to being in the Army Reserves, no upgrade actions are required for this item. Please see Section 10 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: Reason / Authority / Codes / Characterization: Unsatisfactory Participation / AR 135-178, Chapter 13 / NA / NA / Under Other Than Honorable Conditions b. Date of Discharge: 12 December 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: On 15 September 2016, the Notification was delivered to the applicant's known address. (2) Basis for Separation: The applicant was informed of the following reasons: The applicant failed to attend annual training. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: The applicant failed to respond to the notification of separation, thereby waiving right to counsel. (5) Administrative Separation Board: The applicant failed to respond to the notification of separation, thereby waiving right to an administrative separation board. (6) Separation Decision Date / Characterization: 29 November 2016 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 July 2011 / 8 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91C10, Utilities Equipment Repairer / 5 years, 4 months, 26 days d. Prior Service / Characterizations: IADT, 11 October 2011 - 20 April 2012 / HD (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR, ARCAM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Personnel Action form, 30 July 2015, reflects the applicant was reduced from E-4 to E-1 for unsatisfactory participant, failure to maintain medical readiness, and failure to maintain physical fitness readiness. From "Present for Duty (PDY)," to "Absent Without Leave (AWOL)," effect Affidavit, 2 August 2016, reflects the unit administrator mailed the applicant the Annual Training Order, via certified mail. On 4 August 2016, the memorandum was delivered to the applicant's address. Developmental Counseling Form, 9 September 2016, for failing to attend annual training. The applicant was not available for signature. Affidavit, 13 September 2016, the unit administrator mailed the applicant the Notification of Separation, 11 September 2016, via certified mail, with a suspense of 30 days to acknowledge the notice and rights. On 15 September 2016, the memorandum was delivered to the applicant's address. The applicant provided Oklahoma State Courts Network, 15 September 2016, reflecting the applicant and F. J. were defendants in a small claims case of Forcible Entry and Detainer greater than $1500. The judgement was $2290 in court cost. Commander's Statement for Notification of Separation proceeding for unsatisfactory participation failure to attend Annual Training under AR 135-178, Chapter 13, 31 October 2016, reflects the applicant did not respond to the Notification of Separation, 11 September 2016. Orders 16-340-00075, 5 December 2016, shows the applicant was discharged from the U.S. Army Reserve (USAR) effective 12 December 2016 under other than honorable conditions. i. Lost Time / Mode of Return: NIF j. Behavioral Health Condition(s): (1) Applicant provided: Medical Record Progress Notes, 6 July 2018, reflecting the applicant was seen at the emergency room with delusional thoughts, paranoia, and tangential thought patterns. The applicant refused treatment and was diagnosed with acute paranoid psychosis and was prescribed medication. Medical Record Progress Notes, 22 January 2019, reflecting the applicant was seen at the hospital for pharmacological management follow-up. The applicant had a history of depression and attention deficit hyperactivity disorder (ADHD) and was prescribed medication. (2) AMHRR Listed: None. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; self-authored statement; Medical Record Progress Notes; third party character reference; military service record; President's Honor Roll certificate and letter; college transcripts; J. W.'s Obituary and Tribute Wall; and two ultrasounds images of a fetus. 6. POST SERVICE ACCOMPLISHMENTS: The applicant successfully battled anxiety, depression, and psychotic episodes for five years; has been abstinent from substance abuse; attained a Bachelor's Degree, a GPA of 4.0, and was on the President's honor roll; and is expecting a child. 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 prescribes 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 of the United States (ARNGUS) and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. Readiness is promoted by maintaining high standards of conduct and performance. (1) Paragraph 2-9a prescribes an honorable characterization 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. (2) Paragraph 2-9b, prescribes, if a Soldier's service has been honest and faithful, it is appropriate to characterize that service as general (under honorable conditions). Characterization of service as general (under honorable conditions) is warranted when significant negative aspects of the Soldier's conduct or performance of duty outweigh positive aspects of the Soldier's military record. (3) Paragraph 2-9c, prescribes the service may be characterized as under other than honorable conditions only when discharge is for misconduct, fraudulent entry, unsatisfactory participation, or security reasons, and under other circumstances. (4) Chapter 12 (previously Chapter 13), provides in pertinent part, that individuals can be separated for being an unsatisfactory participant. Soldier is subject to discharge for unsatisfactory participation when it is determined that the Soldier is unqualified for further military service because: The Soldier is an unsatisfactory participant as prescribed by AR 135- 91, chapter 4; Attempts to have the Soldier respond or comply with orders or correspondence. (5) Paragraph 12-3, prescribes the service of Soldiers separated under this chapter will be characterized as honorable or under honorable conditions as determined under chapter 2, section III, unless an uncharacterized description of service is warranted under paragraph 2-11. 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 Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. The applicant contends severe anxiety, depression, paranoid psychosis, and grief related to the death of a family member affected behavior, which ultimately led to the discharge. The applicant provided medical documents, reflecting the applicant was diagnosed with acute paranoid psychosis and had a history of depression and ADHD. The applicant's AMHRR is void of a mental status evaluation. The applicant desires to rejoin the Military Service. Soldiers processed for separation are assigned reentry codes based on their service records or the reason for discharge. The applicant's discharge orders do not reflect the reentry code; therefore, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the Army's needs at the time and are required to process waivers of reentry eligibility (RE) codes if appropriate. The applicant contends an upgrade of the discharge will allow the applicant to obtain better employment. The Board does not grant relief to gain employment or enhance employment opportunities. The applicant contends successfully battling anxiety, depression, and psychotic episodes for five years; being abstinent from substance abuse; attaining a Bachelor's Degree, a GPA of 4.0, being on the President's honor roll; and is expecting a child. 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. The third party statement provided with the application speak highly of the applicant. It recognizes the applicant's good conduct after leaving the Army. 9. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): N/A b. The applicant presented the following additional contention(s): N/A c. Counsel / Witness(es) / Observer(s): N/A 10. 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 which were void of diagnoses. The applicant submitted medical records listing past diagnoses of Attention Deficit Hyperactivity Disorder and Depression with Emergency Room visits for Acute Paranoid Psychosis and Delusions. (2) Did the condition exist or experience occur during military service? Yes. Per applicant assertion alone, the applicant had mental health difficulties. (3) Does the condition or experience actually excuse or mitigate the discharge? No. The Board's Medical Advisor applied liberal consideration and opined that at this time, there is no indication the applicant had a psychiatric condition contributing to his misconduct. Rather, as the applicant lays out, it is more likely than not the applicant's poor coping resulted in substance use creating secondary psychosocial stressors and barriers contributing to the basis for separation. (4) Does the condition or experience outweigh the discharge? No. After applying liberal consideration to the evidence, including the Board Medical Advisor opine, the Board determined that the available evidence did not support a conclusion that the applicant's assertion of Attention Deficit Hyperactivity Disorder, Depression with Emergency Room visits for Acute Paranoid Psychosis and Delusions outweighed the basis for applicant's separation for failing to attend annual training for the aforementioned reasons. b. Response to Contention(s): (1) The applicant contends severe anxiety, depression, paranoid psychosis, and grief related to the death of a family member affected behavior, which ultimately led to the discharge. The Board determined that this contention was valid and voted to upgrade the characterization of service based on the applicant's length and quality of service, and post-service accomplishments. (2) The applicant desires to rejoin the Military Service. Soldiers processed for separation are assigned reentry codes based on their service records or the reason for discharge. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's length and quality of service, and post-service accomplishments. (3) The applicant contends an upgrade of the discharge will allow the applicant to obtain better employment. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's length and quality of service, and post-service accomplishments. (4) The applicant contends successfully battling anxiety, depression, and psychotic episodes for five years; being abstinent from substance abuse; attaining a Bachelor's Degree, a GPA of 4.0, being on the President's honor roll; and is expecting a child. The Board considered this contention during proceedings, and determined that an upgrade was warranted based on the applicant's length and quality of service, and post-service accomplishments. (5) The applicant contends third-party statement provided with the application speak highly of the applicant. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's length and quality of service, and post-service accomplishments. c. The Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, homelessness, and post service accomplishments. 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 was proper and equitable and voted not to change it. As there is no RE-code listed on the applicant's discharge paperwork, due to being in the Army Reserves, no upgrade actions are required for this item. d. Rationale for Decision: (1) The Board voted to grant relief by upgrading the applicant's characterization of service to General, Under Honorable Conditions. Although the Board found the discharge proper and equitable and there were no behavioral health diagnoses which mitigated the misconduct to warrant relief, it was found that the discharge has served its purpose based on the applicant's length and quality of service, homelessness, and post service accomplishments. (2) The Board voted not to change the applicant's reason for discharge or accompanying SPD code, as the reason the applicant was discharged was both proper and equitable. The Board determined that the available evidence did not support a conclusion that the applicant's assertion of Attention Deficit Hyperactivity Disorder, Depression with Emergency Room visits for Acute Paranoid Psychosis and Delusions outweighed the basis for applicant's separation for failing to attend annual training (3) As there is no RE-code listed on the applicant's discharge paperwork, due to being in the Army Reserves, no upgrade actions are required for this item. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Separation Order: Yes b. Change Characterization to: General, Under Honorable Conditions c. Change Reason / SPD code to: No Change d. Change RE Code to: N/A e. Change Authority to: AR 135-178 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 AR20230004936 1