1. Applicant's Name: a. Application Date: 28 June 2016 b. Date Received: 1 July 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 the behavior that led to his discharge was related to his untreated Post Traumatic Stress Disorder (PTSD). The applicant contends that 99.9 percent of his active service was honorable and that he could have handled the situation that led to his discharge in an honorable fashion. The applicant contends that he served honorably while in combat, awarded the combat action badge and joint service badge, and performed his duties with the highest military standards. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has a mitigating behavioral health condition for the offenses which led to his discharge from the Army. The military medical record documents the presence of PTSD symptoms. The applicant was exposed to two significant traumatic stressors while on Active Duty: in August 2009, he was in a serious MVA. As a result of the MVA, he broke his jaw, his leg and was in a coma for two weeks due to a traumatic head injury. After the accident, he developed nightmares about the MVA and being restrained in the hospital. In November 2009, he was present at the Ft Hood SRP site during the Ft Hood shooting. He reported having intrusive memories about the shooting. Other PTSD symptoms described include: avoidance behaviors, hypervigilance, and increased startle reaction resulting in "jumpiness", insomnia, anger and irritability, impaired concentration and isolating behaviors. His PTSD screening scores show a progressive increase over time: 25 March 2012: 51, 4 May 2010: 60, 17 December 2010: 64 (a score over 50 is positive for PTSD). As PTSD is associated with avoidant behaviors, there is a nexus between his PTSD and the offense of being Absent Without Leave. Both the military and VA electronic medical records were reviewed. In a personal appearance hearing conducted at Arlington, VA on 13 March 2017, and by a 4-1 vote, the Board determined the discharge is now inequitable. The Board found the overall length and quality of the applicant's service, to include his combat service, the circumstances surrounding his AWOL (i.e. severe family matters and in-service diagnosis of PTSD/TBI) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority. This action entails restoration of grade 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: 3 July 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated 22 November 2012, 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 (21 November 2012 to 14 May 2013) (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 15 May 2013 (5) Separation Decision Date/Characterization: NIF / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 February 2009 / 4 years and 16 weeks b. Age at Enlistment / Education / GT Score: 17 / GED / 118 c. Highest Grade Achieved / MOS / Total Service: E-4 / 12B10, Combat Engineer / 3 years, 10 months, 22 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (20 June 2011 to 13 June 2012) f. Awards and Decorations: ARCOM, NDSM, ACM-CS, GWOTSM, ASR, OSR, NATOMDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Three Personnel Action forms, dated between 21 November 2012 and 15 May 2013, reflect the applicant's duty status changed as follows: from "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 21 November 2012 from "AWOL" to "Dropped from Rolls (DFR)," effective 22 December 2012 from "DFR" to "PDY," effective 14 May 2013 i. Lost Time / Mode of Return: 175 days (AWOL, 21 November 2012 to 14 May 2013) / apprehended by civilian authorities j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; two letters of reference; and a DD Form 638 for award of the ARCOM, to include the certificate. 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. 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 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 and 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 under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. His record documents several acts of achievement however, it appears they did not support the issuance of an honorable or a general discharge by the separation authority at the time of discharge. The applicant contends his discharge was the result of his untreated PTSD. However, the service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents. b. The applicant presented no additional contentions. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 13 March 2017, and by a 4-1 vote, the Board determined the discharge is now inequitable. The Board found the overall length and quality of the applicant's service, to include his combat service, the circumstances surrounding his AWOL (i.e. severe family matters and in-service diagnosis of PTSD/TBI) mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority. This action entails restoration of grade to E-4/SPC. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, Chapter 5-3 e. Change SPD/RE Code to: Change SPD to JFF/ No Change to RE code f. Restore 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 AR20160012078 1