1. Applicant’s Name: a. Application Date: 19 May 2015 b. Date Received: 26 August 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general, under honorable conditions. The applicant seeks relief contending, in effect, he was diagnosed with PTSD in 2007 upon his return from an Afghanistan deployment for 9 months. He went AWOL because he got fed up with the military doctors at behavioral health constantly changing his psychiatric medication. He has not been in trouble since the few times when he returned from Iraq. A prior records review was conducted at Arlington, VA on 23 August 2013. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had no mitigating medical or behavioral health conditions for the offenses. The Active Duty electronic medical records were reviewed and revealed diagnoses of PTSD, Insomnia, Anxiety and Major Depressive Disorder from 2007; however, the presence of PTSD during the time period of misconduct does not explain or directly mitigate his misconduct. The applicant did receive behavioral health treatment following deployments. Treatment notes focused mostly on marital stressors (going through a divorce) and minimal focus on deployment related stressors. The applicant reported on 19 May 2009 that depression and anxiety resulted from environmental stressors like work and relationships. He denied combat exposure that caused extreme emotional disturbance and that toughest part of deployment was being away from significant other. A note from 20 August 2009 states the applicant reported going AWOL due to feeling depressed, anxious, irritable, and just not wanting to go to work. In a note from 25 August 2009, the Command reported concern that applicant was manipulating attending behavioral health appointments due to his work performance being substandard. In a personal appearance hearing conducted at Arlington, VA on 8 August 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26 and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant’s DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12b, b. block 26, separation code changed to JKA, and c. block 28, narrative reason for separation changed to Pattern of Misconduct. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Misconduct (AWOL) / AR 635-200, Paragraph 14-12c(1) / JKD / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 9 November 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 6 October 2010 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; AWOL twice (18 August 2009 - 20 August 2009 and 10 September 2009 - 9 August 2010); arrested for two counts of aggravated assault with a handgun, possession of marijuana, possession of drug paraphernalia, and possession with intent to distribute (12 June 2009); and arrested for domestic abuse battery (16 August 2010). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 7 October 2010 (5) Administrative Separation Board: The applicant voluntarily waived consideration of his case by an administrative separation board. (6) Separation Decision Date/Characterization: 9 November 2010 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 4 March 2008 / 6 years b. Age at Enlistment/Education/GT Score: 22 / HS Graduate / 113 c. Highest Grade Achieved/MOS/Total Service: E-5 / 25U20, Signal Support System Specialist / 4 years, 10 months and 17 days d. Prior Service/Characterizations: RA, 20 January 2005-3 March 2008 / HD e. Overseas Service/Combat Service: SWA / Afghanistan (6 March 2006 - 23 November 2006) and Iraq (25 November 2007 - 31 December 2008) f. Awards and Decorations: ARCOM, AAM-2, AGCM, NDSM, ACM-2CS, ICM-CS, GWTSM, ASR, OSR-2, NATO Medal, JMUA, VUA g. Performance Ratings: 8 August 2008-1 May 2009, Among The Best h. Disciplinary Action(s)/Evidentiary Record: Military Police Report, dated 12 June 2009, shows the applicant was under investigation for two counts of aggravated assault with a handgun, possession of marijuana, possession of drug paraphernalia, and possession with intent to distribute. Military Police Report, dated 16 August 2009, indicates the applicant was under investigation for failing to report to his place of duty and AWOL; surrendered to military/civilian authorities. Military Police Report dated 19 August 2009, reflects the applicant was under investigation for domestic abuse battery. i. Lost Time: The applicant was AWOL (18 August 2009-20 August 2009), 3 days; surrendered to military/civilian authorities; and 10 September 2009-9 August 2010, for 334 days; apprehended by civilian authorities. Total time lost 337 days. The applicant was confined by civilian authorities (8 June 2009-12 June 2009), for 4 days; and (9 August 2010-17 August 2010), for 8 days. However, neither of these periods are annotated on the applicant’s DD Form 214 block 29, dates of time lost during this period. j. Diagnosed PTSD/TBI/Behavioral Health: DD Form 2807-1 (Report of Medical History), dated 17 October 2010, reflects, the applicant had frequent nervousness and panic attacks. He was also diagnosed with PTSD, major depressive disorder, anxiety and insomnia. DA Form 2697 (Report of Medical Assessment), dated 17 October 2010, indicates the applicant had mental conditions. 5. APPLICANT-PROVIDED EVIDENCE: Online application (six pages). 6. POST SERVICE ACCOMPLISHMENTS: The applicant earned an Associate’s Degree in Medical Billing & Coding; and is now enrolled into a Bachelor's of Science degree program for Computer Information Systems. He also works in telecommunications as an electrician's apprentice. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. Paragraph 14-12c(1) allows for an absentee returned to military control from a status of absent without leave or desertion to be separated for commission of a serious offense. 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), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members’ discharges. “Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre-existing conditions which are determined not to have been incurred or aggravated while in military service.” 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to general, under honorable conditions. The applicant’s record of service, and the issues submitted with his application were carefully reviewed. The record confirms the applicant’s discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. By the misconduct (AWOL), the applicant diminished the quality of his service below that meriting general, under honorable conditions or an honorable discharge at the time of separation. The applicant provided no independent corroborating evidence demonstrating either the command's action was erroneous or the applicant’s service mitigated the misconduct or poor duty performance. The applicant seeks relief contending, in effect, he was diagnosed with PTSD in 2007 upon his return from an Afghanistan deployment for 9 months. The record of evidence reflects the applicant was diagnosed with PTSD, major depressive disorder, anxiety and insomnia. The applicant further contends, he went AWOL because he got fed up with the military doctors at behavioral health constantly changing his psychiatric medication. He had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant also contends, he has not been in trouble since the few times when he returned from Iraq. The applicant is to be commended for his effort. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional documents: 1. Personal Statement – 4 pages 2. S.P. Statement – 1 page 3. D.Y. Statement – 1 page 4. T. Letter – 1 page 5. Medical Records – 10 pages 6. VA Benefits Denial Letter – 1 page 7. VA ER visit for PTSD – 1 page 8. College Transcripts – 4 pages 9. Resume/Work History – 4 pages b. The applicant presented no additional contentions. c. Witness(es)/Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 8 August 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26 and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant’s DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12b, b. block 26, separation code changed to JKA, and c. block 28, narrative reason for separation changed to Pattern of Misconduct. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Pattern of Misconduct d. Change SPD/RE Code to: JKA / AR 635-200, paragraph 14-12b / No change to RE-Code e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH – Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training 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 MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150009430 1