1. Applicant's Name: a. Application Date: 27 May 2016 b. Date Received: 6 June 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. The applicant seeks relief contending, in effect, that he is currently in distress as his VA medical benefits cannot continue with his current discharge. The applicant refers to VA Form 21-4128, a statement provided by his father on his behalf contending, in pertinent part and in effect, his son served three combat tours in Iraq. It was not until his second deployment that he began to change, becoming more detached and was admitted into a hospital due to depression and hopelessness-he was diagnosed with PTSD. After his last combat tour, he continued to suffer from PTSD symptoms and went AWOL. He is currently not receiving any assistance from VA, but through the State program services, as he received a letter from VA, indicating he was not eligible to receive assistance through VA. He was a sergeant, who served three combat tours and received many awards. An upgrade would allow him help with his PTSD and medication, and at least, put reassurance back into his life. Per the Board's Medical Officer, based on the information available for review at the time, the applicant is found to have a mitigating Behavioral Health diagnosis, PTSD, for the offenses leading to his discharge from the Army. As PTSD is associated with avoidant behaviors, there is a nexus between his PTSD and his incidents of going AWOL. In a records review conducted at Arlington, VA on 12 July 2017, and by a 3-2 vote the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, his prior period of honorable service, and his severe combat-related PTSD, 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. The Board determined the reason for discharge was proper and equitable and voted not to change it. (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 January 2013 c. Separation Facts: (1) DD Form 458 (Charge Sheet): NIF (2) Legal Consultation Date: NIF (3) Basis for Separation: NIF, but would have been 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: NIF (5) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 April 2007 / NIF, but according to DD Form 214 b. Age at Enlistment / Education / GT Score: 21 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-5 / 13B10 Cannon Crewmember / 6 years, 6 months, 27 days d. Prior Service / Characterizations: RA (24 August 2005 to 14 April 2007) / HD e. Overseas Service / Combat Service: SWA / Iraq (11 February 2007 to 22 April 2008), (8 August 2009 to 21 July 2010), (30 July 2011 to 12 November 2011) f. Awards and Decorations: ARCOM-3; AAM-2; AGCM-2; NDSM; ICM-3CS; GWOTSM; ASR; OSR-2 g. Performance Ratings: 1 March 2011 thru 20May 2011, RFC, Marginal h. Disciplinary Action(s) / Evidentiary Record: Discharge Orders, dated 16 January 2013 i. Lost Time / Mode of Return: 308 days (three separate periods of AWOL: 11 January 2012 to 4 August 2012, for 207 days / Apprehended by civil authorities on 4 August 2012 12 August 2012 to 17 October 2012, for 67 days / per Report of Return of Absentee, dated 23 September 2012, the applicant surrendered to civil authorities on 22 September 2012, and returned to military control, but the AWOL period extends to 17 October 2012; and 21 December 2012 to 23 January 2013, for 34 days) / Unknown.) j. Diagnosed PTSD / TBI / Behavioral Health: Central Washington Comprehensive Mental Health, dated 3 May 2016, and WA Comprehensive Mental Health indicates "F43.10 Posttraumatic stress disorder (principal)," "F33.2 Major Depressive Disorder, Recurrent, Severe," and "F32.9 Unspecified depressive disorder," electronically signed 27 April 2016. Vet Center letter, dated 31 May 2016, rendered by a licensed psychologist, indicates the applicant was diagnosed with "DSM-5: 309.81 Posttraumatic Stress Disorder; 296.33 Major Depression, Recurrent, Severe." 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 27 May 2016; Comprehensive Client Questionnaires; Central WA Comprehensive Mental Health records; Authorization for Ambulance/Secure Transportation Under the Involuntary Treatment Act; WA Superior Court: Petition for 14-day Detention for Involuntary Intensive Treatment; two Notices of Emergency Detention, Authorization for Emergency Apprehension and Detention, Notice and Statement of Rights and Affidavit of Service, Notice of Hearing, two of Continuance, Order of Dismissal Without Hearing, and three Notices of Right to Refuse Psychiatric Medications court documents; Central WA Comprehensive Mental Health Medication Management documents and progress notes; discharge orders, dated 16 January 2013; Deserter/Absentee Wanted by the Armed Forces, dated 13 August 2012; two Reports of Return of Absentee, dated 22 September 2012 and 4 August 2012; Deserter/Absentee Wanted by the Armed Forces, dated 15 February 2012; Warrior Coin certificate; "Honorable Order of Wolf" certificate; Recommendation for Award (ARCOM), dated 8 July 2008; Central Washington Comprehensive Mental Health Crisis records; Yakima Valley Memorial Hospital records; multiple Central Comprehensive Mental Health progress notes and treatment records; two WA Comprehensive Mental Health, electronically signed on 3 May 2016 and 27 April 2016, with Central Washington Comprehensive Mental Health Assessments, dated 3 May 2016 and 26 April 2016; Psychiatric Evaluation, dated 26 April 2016; medical records correspondence, dated 9 May 2016; Vet Center letter, dated 31 May 2016; DD Form 214; VA Form 21-4138 (Statement in Support of Claim), dated 25 May 2016. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): The applicant's record and documentary evidence show he was honorably discharged from the US Army Reserve on 23 November 2004. 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 applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge. Barring evidence to the contrary, it appears all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. If the applicant desires a personal appearance hearing, it would be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the complete discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. The applicant's contentions regarding his behavioral health issues which involved being diagnosed with PTSD, were carefully considered. A careful review of the applicant's documentary evidence indicates the applicant's behavioral health issues along with notable service-connected post-traumatic stress disorder symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. If the Board determines the applicant'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 applicant's service accomplishments and quality of his service prior to any incidents 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 applicant contends an upgrade would allow him to receive VA medical assistance with his PTSD and medication. However, eligibility for veterans' 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. Based on the available record, 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 12 July 2017, and by a 3-2 vote the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, his prior period of honorable service, and his severe combat-related PTSD, 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. The Board determined the reason for discharge was proper and equitable and voted not to change it. 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. Change SPD/RE Code to: No Change f. Restore 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 AR20160010720 5