1. APPLICANT’S NAME: a. Application Date: 4 March 2015 b. Date Received: 21 April 2015 c. Counsel: None 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests through legal counsel an upgrade of her under other than honorable conditions discharge to honorable or general, under honorable conditions, a change to her narrative reason for discharge and a change to her reentry eligibility (RE) code. The applicant states, in effect, her service connected PTSD should be considered a mitigating factor; therefore, her issues of both propriety and equity are raised. The applicant contends she served eight years meritoriously without significant disciplinary issues. Her enlistment was involuntarily extended in violation of Army regulations, and her characterization of service was the result of a 50-day period of unauthorized absence that occurred during this improper extension. She contends the absence began less than two weeks after her discharge from a psychiatric hospital following a nearly three month inpatient stay for a severe mental illness where she had a diagnosis that included PTSD. Therefore, relief is appropriated on the grounds of both propriety and equity. Per the Board's Medical Officer; there is a nexus between this former Service Member's behavioral health conditions and her misconduct, going AWOL. A review of the applicant's file revealed a diagnosis of Post-Traumatic Stress Disorder. Additionally, review of the medical records revealed a history of mood disorders to include Major Depressive Disorder and Suicide ideations. These behavioral health conditions can be associated with aberrant behavior such as avoidance. After carefully examining the applicant’s record of service during the period of enlistment under review, the Board determined the discharge is now inequitable. The Board found the circumstances surrounding her discharge (i.e., a diagnosis of PTSD, a history of mood disorders to include Major Depressive Disorder and Suicide ideations, and multiple hospitalizations), mitigated the discrediting entry in her service record. Accordingly, in a records review conducted at Arlington, VA on 11 April 2016, and by a 5-0 vote, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Chapter 5, paragraph 5-17 “Condition, Not a Disability,” with a corresponding separation code of “JFV,” and a reentry eligibility (RE) code of “3.” This action entails a restoration of grade to E-5/SGT. (Board member names available upon request.) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: In Lieu of Trial by Court-Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 31 May 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: On 11 April 2013, charges were preferred (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet, which indicates the applicant was charged with going AWOL from 4 February 2013 until her return on 26 March 2013. (3) Recommended Characterization: Under Other Than Honorable Conditions. It was noted in the commander’s recommendation memorandum that the applicant had a total service of eight years; was undergoing an MEB prior to going AWOL which was almost completed. She was apprehended by civilian authorities, and there was a pattern of misconduct prior to her going AWOL. (4) Legal Consultation Date: The applicant consulted with legal counsel and voluntarily requested discharge in lieu of trial by court-martial. (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: NIF / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 3 March 2013 / NIF b. Age at Enlistment/Education/GT Score: 19 years / HS Graduate / 107 c. Highest Grade Achieved/MOS/Total Service: E-5 / 42A10, Human Resources Specialist / 8 years, 4 months, and 6 days d. Prior Service/Characterizations: USAR-2 December 2004-28 December 2004 / NA ADT-29 December 2004-12 May 2005 / UNC USAR-13 May 2005-2 March 2013 / NA (Concurrent Service) e. Overseas Service/Combat Service: None f. Awards and Decorations: AAM, ARCAM, NDSM, ASR g. Performance Ratings: 1 July 2010-30 June 2011, Fully Capable h. Disciplinary Action(s)/Evidentiary Record: NIF i. Lost Time: The applicant’s record of service indicates 23 days of time lost; however, documents in the record show the record of service should indicate 52 days of time lost for going AWOL from 4 February 2013 until her return on 26 March 2013. j. Diagnosed PTSD/TBI/Behavioral Health: 5. APPLICANT-PROVIDED EVIDENCE: A DD Form 293; memorandum in support of application; DD Form 214 for the period of service under review and for prior period of service; enlistment Documents; certificates for award of the Army Achievement Medal; certificates of achievement; NCO Evaluation Report; promotion order; order for active duty training and amendment; order to active duty for national emergency and amendment; order extending active duty until September 22, 2012; personnel action for AWOL/report of return of absentee/dropped from rolls; letter to family reference AWOL; separation documents/packet; medical record notes; history and physical with PTSD indicated; discharge summary with PTSD indicated; Allegheny General Hospital discharge summary; children's hospital document showing admission of son; declaration of applicant; and a copy of Secretary Hagel’s memorandum. Medical documents submitted by the applicant show she was diagnosed with Axis I for mood disorder not otherwise specified, post-traumatic stress disorder, generalized anxiety disorder, benzodiazepine abuse on admission, somatic disorder not otherwise specified; Axis II for borderline personality traits; Axis II for back and shoulder pain and history of seizures; Axis IV for social, occupational, relationship; and Axis V for global assessment of functioning presently was a 50. 6. POST SERVICE ACCOMPLISHMENTS: None 7. REGULATORY CITATION(S): Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member'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. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. Secretary of Defense Memorandum for Secretaries of the Military Departments, subject: Supplemental Guidance to Military Boards for Correction of Military/Naval records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014, by implication provided the same guidance to the Service Discharge Review Boards whose decisions are reviewable by the Service Correction Boards. That memorandum provided PTSD or PTSD-related conditions "will be considered potential mitigating factors in the misconduct that caused the under other than honorable conditions characterization of service." However, the memorandum also states, "Corrections Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service of under other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat-related PTSD or PTSD-related conditions as a causative factor in the misconduct resulting in the discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Correction Boards will also exercise caution in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct." 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 "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 10, in lieu of trial by court-martial. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4. 8. DISCUSSION OF ISSUE(S): The applicant requests through legal counsel an upgrade of her under other than honorable conditions discharge to honorable or general, under honorable conditions, a change to her narrative reason for discharge and a changed to her RE code. The applicant’s record of service, the documents and the issues submitted with the application were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of and offense punishable under the UCMJ with a punitive discharge. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. Her record documents several acts of significant achievement and valor; however, it did not support the issuance of an honorable or a general discharge by the separation authority at the time of his discharge. The applicant requested a change to her narrative reason for the discharge and a change to her RE code. However, the appropriate SPD code and narrative reason to assign enlisted Soldiers who are discharged in lieu of trial by court-martial is “KFS” and the RE code is 4. The regulation further stipulates that no deviation is authorized. The applicant seeks relief, contending that she served eight years meritoriously without significant disciplinary issues. The applicant’s service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for her accomplishments. She contends her enlistment was involuntarily extended in violation of Army regulations. Evidence in the records shows the applicant’s period of service was extended to provide her with needed medical treatment. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention her enlistment was involuntarily extended in violation of Army regulations. She also contends her characterization of service was the result of a 50-day period of unauthorized absence that occurred during this improper extension. She contends the absence began less than two weeks after her discharge from a psychiatric hospital following a nearly three month inpatient stay for a severe mental illness where she had a diagnosis that included PTSD. However, she had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that she ever sought such assistance before committing the misconduct which led to the separation action under review. Additionally, evidence submitted by the applicant noting she suffered with PTSD was noted; however, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. 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. The character of the applicant’s discharge is commensurate with her overall service record. 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. 9. BOARD DETERMINATION: Per the Board's Medical Officer; there is a nexus between this former Service Member's behavioral health conditions and her misconduct, going AWOL. A review of the applicant's file revealed a diagnosis of Post-Traumatic Stress Disorder. Additionally, review of the medical records revealed a history of mood disorders to include Major Depressive Disorder and Suicide ideations. These behavioral health conditions can be associated with aberrant behavior such as avoidance. After carefully examining the applicant’s record of service during the period of enlistment under review, the Board determined the discharge is now inequitable. The Board found the circumstances surrounding her discharge (i.e., a diagnosis of PTSD, a history of mood disorders to include Major Depressive Disorder and Suicide ideations, and multiple hospitalizations), mitigated the discrediting entry in her service record. Accordingly, in a records review conducted at Arlington, VA on 11 April 2016, and by a 5-0 vote, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Chapter 5, paragraph 5-17 “Condition, Not a Disability,” with a corresponding separation code of “JFV,” and a reentry eligibility (RE) code of “3.” This action entails a restoration of grade to E-5/SGT. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Condition, Not a Disability d. Change SPD/RE Code to: JFV/RE-Code 3 e. Restore Grade to: E-5/SGT AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150007298 1