1. Applicant's Name: . a. Application Date: 23 February 2016 b. Date Received: 2 March 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable or general (under honorable conditions). The applicant seeks relief contending, in effect, his request is for the purpose of obtaining educational benefits, housing and employment. Since high school, he has served as a volunteer firefighter in his community. Prior to entering active military service, he served in the United States Army Reserves as a Petroleum Supply Specialist and attained the rank of Specialist and was honorably discharged. He entered active duty and served two years as a Self-Propelled Field Artillery Systems Mechanic at Fort Hood, Texas. He subsequently was deployed to Iraq for 15 months where he served honorably and earned an Army Achievement Medal and Good Conduct Medal. Following his redeployment he completed the Aviation Power Mechanic's Course, wherein he finished at the top of his class with a 99.8 percent average, but he let ongoing issues with alcohol get the best of him. He received a Field Grade Article 15 for being drunk on duty with a blood alcohol level of 28 [sic]. Following his discharge, his life continued to spiral downhill as the result of his alcoholism. During January 2015, he successfully completed the Substance Abuse Residential Program at the VA. During February and March 2015, he underwent intensive inpatient treatment and counseling for PTSD at the VA and he continued with his weekly counseling at the VA. He actively participated in Alcoholics Anonymous meetings on a daily basis and he recently celebrated one year of sobriety. He performs volunteer work with the Saint Francis Commons clothing store and the food bank and is involved in a committed relationship and they are expecting their first child. An upgrade would have a major impact on his educational and vocational prospects and possibly allow him to secure a mortgage to purchase a family home in the future. Additionally, it would give him personal pride and satisfaction that he served his country with honor. Per the Board's Medical Officer, based on the information available for review at the time, case file, AHLTA and JLV reviewed. AHLTA diagnoses include: Adjustment DO, Nicotine Dependence. VA notes indicate he is 100% service connected for PTSD related to military service. Additional VA diagnoses include TBI, ADHD, Bipolar Disorder, severe and Alcohol Dependence. Based on the available information, the applicant has a mitigating Behavioral Health disorder-PTSD- for the misconduct leading to his discharge from the Army. As PTSD is associated with avoidant behaviors, there is a nexus between his PTSD and the offenses of going AWOL. Additionally, as PTSD is associated with use of substances to self-medicate symptoms, there is a nexus between his PTSD and being drunk on duty. In a records review conducted at Arlington, VA on 2 October 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, severe family matters, post service accomplishments, matters surrounding the AWOL and the circumstances surrounding the discharge (i.e. 100% service-connected disability rating for PTSD, TBI and behavioral health issues), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. This Board Action entails restoration of grade/rank to E-4/SPC. (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: 23 December 2009 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 19 November 2009, the applicant was charged with: Charge I: Violating Article 85, UCMJ, for being AWOL in desertion from 28 July 2009 until apprehended on 14 November 2009. Charge II: Violating Article 86, UCMJ, for being AWOL from 26 July 2009 until apprehended on 28 July 2009. (2) Legal Consultation Date: 9 December 2009 (3) Basis for Separation: Pursuant to the applicant's request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date/Characterization: 16 December 2009 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 February 2007 / 6 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-4 / 15D10, Aircraft Powertrain Repairer / 6 years, 5 months, 12 days d. Prior Service / Characterizations: USAR, 20 March 2003 - 10 January 2005 / HD RA, 11 January 2005 - 1 February 2007 / HD e. Overseas Service / Combat Service: SWA / Iraq (28 October 2006 - 13 January 2008) f. Awards and Decorations: AAM, AGCM, NDSM, GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. CG Article 15, dated 5 December 2008, for being AWOL (between 20 and 24 November 2008). The punishment consisted of a reduction to E-3; forfeiture of $250 pay (suspended); and, extra duty and restriction for 14 days. FG Article 15, dated 22 July 2009, for failing to go at the time prescribed to his appointed place of duty (15 July 2009); and, for being drunk while on duty (15 July 2009). The punishment consisted of a reduction to E-3; forfeiture of $350 pay (suspended); and, extra duty and restriction for 7 days. Seven Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 20 November 2008; From "AWOL" to "PDY," effective 24 November 2008; From "PDY" to "AWOL," effective 28 July 2009; From "AWOL" to "Dropped From Rolls (DFR)," effective 29 August 2009; From "DFR" to "PDY," effective 14 November 2009; From "PDY" to "Confined by Military Authorities (CMA)," effective 1 December 2009; and, From "CMA" to "PDY," effective 21 December 2009. i. Lost Time / Mode of Return: 113 days (AWOL, 20 November 2008 - 24 November 2008 and 28 July 2009 - 14 November 2009 / Apprehended by Civil Authorities j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of his VA disability rating decision, dated 26 October 2015, which reflects the applicant was rated 100 percent disability for PTSD with unspecified bipolar and related disorder (previously rated as adjustment disorder with anxiety and depressed mood and claimed as alcohol dependency). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in blocks 8 and 14 of the application. 6. POST SERVICE ACCOMPLISHMENTS: The applicant stated that he completed various substance abuse treatment programs and volunteers in his community. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a 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. Army policy states that although an honorable or general (under honorable conditions) discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 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." "Conditions documented in the 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 PTSD or PTSD related conditions 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 under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service 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 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." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable conditions or general (under honorable conditions). The applicant's record of service, the issues and documents submitted with his 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. The applicant, in consultation with legal counsel voluntarily requested, in writing, a discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense, and he indicated he understood he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran's benefits. 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. His record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant contends the VA has granted him a service connected disability for PTSD. However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The applicant's service record is void of a mental status evaluation. However, the evidence of record shows the applicant's Senior Defense Counsel submitted a memorandum for the record dated 14 December 2009, stating that the applicant's parents in consultation with him, told him that prior to his deployment for 15 months with the 1st Cavalry Division to Iraq, the applicant was diagnosed with mild PTSD during his Post-Deployment Health Assessment and that the applicant was reluctant to talk about what led to his PTSD, and in conversations with them and his counsel minimized it as an excuse for his behavior. He does admit that he was in anger management during his deployment. The applicant further stated that his brother's death has affected him emotionally, and may have made his PTSD worse because he convinced his brother to join the Army, so now he feels responsible and guilty over his death. In view of the aforementioned the applicant's senior defense counsel recommended that command grant the Chapter 10 request. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong. The applicant contends that an upgrade of his discharge would allow benefits through the VA. However, 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 applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant contends that he had good service, which included a combat tour. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The applicant further contends that he actively participated in Alcoholics Anonymous meetings on a daily basis and he recently celebrated one year of sobriety. He performs volunteer work with the Saint Francis Commons clothing store and the food bank and is involved in a committed relationship and they are expecting their first child. The Army Discharge Review Board is authorized to consider post-service factors in the characterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. 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 statements provided with the application speak highly of the applicant's character. They all recognize his good character after leaving the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 2 October 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, severe family matters, post service accomplishments, matters surrounding the AWOL and the circumstances surrounding the discharge (i.e. 100% service-connected disability rating for PTSD, TBI and behavioral health issues), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. This Board Action entails restoration of grade/rank to E-4/SPC. 10. BOARD ACTION DIRECTED: a. Issue a new DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: E-4/SPC 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 AR20160005559 1