1. Applicant's Name: a. Application Date: 5 January 2016 b. Date Received: 27 January 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to general (under honorable conditions) and a change to his narrative reason for separation to reflect "failure to adapt." The applicant seeks relief contending, in effect, his discharge was the result of his mental breakdown due to the stress he underwent while in training. He states that he spoke to his company commander and the post chaplain about the depression and anxiety due to the stress he was experiencing prior to going AWOL. He further states that he initially requested a discharge with a characterization of service of uncharacterized or general (under honorable conditions); however, he now believes this was an error because he was stressed, depressed, confused, and did not know what he was fully requesting for his discharge. He should have requested a general (under honorable conditions) discharge with a narrative reason of failure to adapt. This issue of failure to adapt was also noted on the memorandum dated 8 February 2008, with the subject request for discharge in lieu of trial by court-marital. The applicant contends that he failed to adapt to military life and that he was not suited for the Army; therefore, his discharge should have been a general (under honorable conditions discharge) with a narrative reason of "failure to adapt." Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. The electronic medical records (AHLTA) were reviewed with clinical encounters from May to August 2007. Lab results from May 2007 were reviewed. No clinical notes or radiology studies for review. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records note three problems (no VA entered problems) and no VA entered medical notes found. The Veterans Affairs has not service- connected the applicant. A review of the available documentation found no evidence of a medical disability or condition which would support a change to the character or reason for the discharge in this case. In a records review conducted at Arlington, VA on 7 April 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (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 / Uncharacterized b. Date of Discharge: 11 April 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated 14 February 2008, reflects the applicant was charged with violation of the UCMJ, Article 86. (2) Basis for Separation: The applicant was informed of the following reason: Charge: Violation of the UCMJ, Article 86, AWOL, (10 August 2007 to 25 January 2008) (3) Recommended Characterization: NIF (4) Legal Consultation Date: 15 February 2008 (5) Separation Decision Date / Characterization: 19 March 2008 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: ADT, 11 May 2007 / 25 weeks b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 5 months, 15 days d. Prior Service / Characterizations: ARNG, 20 April 2007 to 10 May 2007 / NA e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Five Personnel Action Forms, dated between 2 August 2007 and 15 February 2008, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent without Leave (AWOL)," effective 31 July 2007 From "PDY" to "AWOL," effective 10 August 2007 From "AWOL" to "PDY," effective 7 August 2007 From "AWOL" to "Dropped from Rolls (DFR)," effective 9 September 2007 From "DFR" to "PDY," effective 25 January 2008 i. Lost Time / Mode of Return: 168 days (AWOL, 10 August 2007 to 25 January 2008) / apprehended by civilian authorities j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with attachments listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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. 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. 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 uncharacterized discharge to general (under honorable conditions) and a change to his narrative reason for separation to reflect "failure to adapt." 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 an 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 applicant contends his discharge should be upgrade based on his discharge was the result of his mental break down due to the stress he underwent while in training. He contends he talked to his company commander and the post chaplain about the issues he was having prior to going AWOL. The issues include depression and anxiety due to the stress he was experiencing. He contends he requested a discharge with a characterization of service of uncharacterized or general (under honorable conditions) at the time of discharge, his request was granted and he was given an uncharacterized discharge. He now believes this was an error because he was stressed, depressed, confused, and did not know at the time what he was fully requesting for his discharge. He should have requested a general (under honorable conditions) discharge with a narrative reason of failure to adapt. The applicant's contentions were noted; however, evidence in the records shows the applicant consulted with defense counsel, and voluntarily in writing, requested separation from the Army in lieu of trial by court-martial. In doing so, the applicant admitted guilt to the stipulated or lesser-included offenses under the Uniform Code of Military Justice (UCMJ). The characterization of service for this type of discharge is normally under other than honorable conditions and the applicant was aware of that prior to requesting discharge. The evidence of record shows the applicant was in an entry-level status when he returned from a period of AWOL (i.e., he had completed less than 180 days of continuous active duty). The applicant was charged with AWOL, and while still in an entry-level status voluntarily requested discharge under the provisions of AR 635-200, Chapter 10, In Lieu of Trial by Court-Martial. In essence the applicant's separation action was initiated while the applicant was in an entry-level status and command had the option to characterize his service under other than honorable conditions or to describe his service as uncharacterized. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier's service will be uncharacterized when his separation is initiated while the Soldiers is in entry level status. The applicant by absenting himself from his unit without proper authority constituted an act of serious misconduct. As noted by the memorandum submitted by the applicant to the Commander, US Army Garrison, Fort Sill, Oklahoma, the applicant expressed that he suffered with depression and anxiety attacks, medical problems associated with his 15 years of ADHD. It appears the applicant's medical issues were the basis for his receiving an uncharacterized discharge, instead of the normal under other than honorable conditions (UOTHC) discharge. Further, a general (under honorable conditions) discharge is not authorized under ELS conditions and an honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The available record shows that no such unusual circumstances were present and his service did not warrant an honorable discharge. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier's military service. It merely means that the Soldier has not been in the Army long enough for his character of service to be rated as honorable or otherwise. The appropriate SPD code and narrative reason for discharge 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 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: In a records review conducted at Arlington, VA on 7 April 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD / RE Code to: No Change e. Restore (Restoration of) Grade to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer 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 NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160002785 4