1. Former Service member's (Applicant's) Name: a. Application Date: 29 March 2016 b. Date Received: 21 March 2016 c. Representative: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The spouse of the former service member requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The spouse on behalf of the former service member states, in effect, the evidence in this case shows that the former service member was suffering from PTSD and a troubled marriage. The unit did little to assist in him with this matter. While away on leave, the former service member was told that his wife was filing for divorce in Massachusetts, and was going to attempt to keep the children from him. The former service member made the regrettable decision to stay in Massachusetts and fight for his children; however, his total service should not be outweighed by this incident. The former service member has passed away on 2 July 2015. His honorable service should be a great consideration with this discharge. No drugs, or crimes were committed and his only mistake to which he had taken responsibility for was trying to save his family. Under AR 635-200, paragraph 3-7(b)(c) (correct cite: paragraph 3-7a(2)(b)(c)), the Board has the option to upgrade his discharge, if Board weighs the Soldier's career versus the infraction. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had some mitigating behavioral health conditions for the offenses which led to his separation from the Army. The electronic medical records (AHLTA) were reviewed with clinical encounters between November 2007 and October 2010. Behavioral Health evaluation visit on 20 October 2010 for separation. The applicant stated he felt he needed to return home to deal with custody issues regarding his daughter and he was experiencing occasional panic attacks and plans to restart Paxil once he returns home. Denied symptoms of depression, sleep disturbances, war triggers or other BH concerns. Admitted to continue drinking, expressed optimism about leaving the Army and returning to Massachusetts with his current wife and resuming civilian life. Admitted one previous suicide attempt while AWOL...one prior inpatient hospitalization in South Carolina, Lexington Hospital, for one week while AWOL. Stated he had a loaded gun and had been drinking and thinking of ending his life when his sister and brother- in-law intervened. Noted he had run out of Paxil at that time. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Administration records notes no record on applicant and no service-connection. In a records review conducted at Arlington, VA on 8 February 2017, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include his combat service, and circumstances surrounding his discharge (i.e. severe family matters, wife's drug/alcohol abuse and neglect of kids and post- service PTSD diagnosis). 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 reason for discharge was proper and equitable and voted not to change it. 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: 5 November 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated 17 September 2010, 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 (29 January 2010 to18 August 2010) (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 1 October 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 14 October 2010 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 November 2007 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 2 years, 4 months, 19 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (3 September 2008 to 24 August 2008) f. Awards and Decorations: ARCOM, NDSM, ICM-CS, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 9 December 2009, for making a false official statement (1 December 2009). The punishment consisted of a reduction to E-3, forfeiture of $409 (suspended), and 12 days of extra duty and restriction. Report of Return of Absentee, dated 18 August 2010, reports that the former Service member was apprehended by civil authorities and returned to military control Charge Sheet described at the preceding paragraph 3c(2). i. Lost Time / Mode of Return: 215 days (AWOL, 19 January 2010 to 31 August 2010) / apprehended by civil authorities j. Diagnosed PTSD / TBI / Behavioral Health: Former Service member's documentary evidence: Post-Deployment Health Re-Assessment (PDHRA) indicates there was a need for further evaluation by "Behavioral Health in Primary Care," within 24 hours for the former service member. Medical Record, dated 23 July 2009, notes the former service member was being treated for behavioral health issues. Memorandum, dated 1 October 2010, subject: Memorandum in support of request for administrative separation in lieu of court-martial [the former service member], rendered by the former service member's defense counsel, indicates that he went through a period of severe depression that he was unable to cope with," and instead of seeking support from behavioral health resources, he went AWOL. 5. FORMER SERVICE MEMBER-PROVIDED EVIDENCE: DD Form 293; DD Form 214; Marriage Certificate; Memorandum, dated 1 October 2010; Former Service Member's Request, dated 1 October 2010; Commander's Report of Disciplinary or Administrative Action; Charge Sheet; DA Form 31; PDHRA, dated 21 August and 16 December 2009; Medical Record, dated 24 July 2009; Civil Court Criminal Docket, dated 26 August 2010; Affidavit, dated 9 October 2009, with time line; four affidavits; Divorce document, dated 10 May 2010; former Service member's sworn statement, dated 17 September 2009; licensed social worker (outpatient psychotherapist) statement, dated 6 September 2013; and former service member's Death Certificate. 6. POST SERVICE ACCOMPLISHMENTS: Former service member's documentary evidence reflects he was employed as a HVAC technician. 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. AR 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." "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 spouse of former service member requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The former service member's record of service, and the issues and documents submitted with his application were carefully reviewed. The evidence of record confirms the former service member was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. The former Service member, 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 former Service member 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 former Service member were fully protected throughout the separation process. The under other than honorable conditions discharge received by the former Service member was normal and appropriate under the regulatory guidance. The former service member's contentions regarding his behavioral health issues which involved suffering from PTSD and a troubled marriage, were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues symptoms existed, and the former Service member contends they were contributing factors that led to his misconduct. If the Board determines the former Service member's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. In consideration of the former service member's service accomplishments and quality of his service prior to the incident of misconduct, the Board can find that his complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the former Service member was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 8 February 2017, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include his combat service, and circumstances surrounding his discharge (i.e. severe family matters, wife's drug/alcohol abuse and neglect of kids and post-service PTSD diagnosis). 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 reason for discharge was proper and equitable and voted not to change it. 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: General, Under Honorable Conditions c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: 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 AR20160007409 1