1. Applicant's Name: a. Application Date: 7 November 2015 b. Date Received: 25 April 2016 c. Counsel: None 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 also requested an ARCOM award he receive be added to his DD Form 214. The applicant seeks relief contending, in effect, that his discharge should be upgrade based on being diagnosed PTSD and anxiety/panic disorders. He contends he submitted supporting documentation for proof of unfair discharge from the military and several stories from people in newspapers who underwent a similar process and have similar stories dealing with the same situation he has. He has recently found out he is not unique with his issues or the manner in which he was treated. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had mitigating EPTS (existed prior to service) behavioral health conditions for some of the offenses but not most of the offenses which led to his separation from the Army. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records notes 65 problems (23 VA-entered) including PTSD. The Veterans Affairs has service-connected the applicant at 100 percent overall. In a records review conducted at Arlington, VA on 27 July 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's quality of service, to include his combat service, and the circumstances surrounding his discharge (i.e. significant EPTS OBH), 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 general (under honorable conditions). The Board determined the reason for discharge was proper and equitable and voted not to change it. This action entails restoration of grade to E-2/PV2. (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: 21 June 2011 c. Separation Facts: (1) Date Charges Were Preferred: 3 May 2011 (2) Basis for Separation: The evidence of record contains a DD Form 458 (Charge Sheet) which indicated on 3 May 2011, the applicant was charged with being absent from his unit from 23 February 2011 until his return on 26 March 2011. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 9 May 2011 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 26 May 2011 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 June 2009 / 4 years, 19 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 108 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 1 year, 10 months, 26 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (24 November 2009 to 31 May 2010) f. Awards and Decorations: ACM-CS, NDSM, GWOTSM, ASR, NATOMDL, CIB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 28 October 2010, the section relating to the charges reads "see continuation sheet," the continuation sheet was not found in the available record. However, the punishment consisted of reduction to E-2, forfeiture of $426 pay per month for one month, and 14 days extra duty and restriction. Military Police Report, dated 22 February 2011 shows the applicant was the subject of investigation for communications incidents-communicating a threat (other than telephone). The applicant received numerous negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: AWOL 31 days (23 February 2011 25 March 2011) / apprehended; and Civilian Confinement 13 days (26 March to 7 April 2011) j. Diagnosed PTSD / TBI / Behavioral Health: Report of Behavioral Health Evaluation, dated 4 January 2011, shows the applicant was diagnosed with an Axis I for adjustment disorder with mixed disturbance of emotions and conduct and polysubstance abuse and Axis II for personality disorder (NOS) (antisocial and borderline PD) 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and decisions documents from the Department of Veterans Affairs, which shows the applicant was awarded 100 percent service connected disability for post-traumatic stress disorder. The applicant makes reference to submitting other documents (i.e., list of names and phone numbers/emails of people he deployed with and other supporting document); however these documents were not found attached to the application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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. 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 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. All requirements of law and regulation were meet 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 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 discharge. The applicant seeks relief contending his discharge should be upgrade based on being diagnosed PTSD and anxiety/panic disorders. He contends he submitted supporting documentation for proof of unfair discharge from the military and several stories from people in newspapers who underwent a similar process and have similar stories dealing with the same situation he has. He has recently found out he is not unique with his issues or the manner in which he was treated. The applicant contentions were noted; evidence in the records and that submitted by the applicant shows he was diagnosed with an Axis I for adjustment disorder with mixed disturbance of emotions and conduct and polysubstance abuse and Axis II for personality disorder (NOS) (antisocial and borderline PD) while on Active Duty. Since his discharge he has been awarded 100 percent service connected by the Department of Veterans Affairs for PTSD. The applicant also requested his DD Form 214 be corrected to reflect an ARCOM award he received. However, the applicant's requested change does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. 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 27 July 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's quality of service, to include his combat service, and the circumstances surrounding his discharge (i.e. significant EPTS OBH), 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 general (under honorable conditions). The Board determined the reason for discharge was proper and equitable and voted not to change it. This action entails restoration of grade to E-2/PV2. 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 Authority to: No Change e. Change SPD/RE Code to: No Change f. Restore (Restoration of) Grade to: E-2/PV2 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 AR20160007833 5