1. Applicant's Name: a. Application Date: 7 September 2016 b. Date Received: 9 September 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, he has been diagnosed with PTSD and requests the Board consider his characterization of service an injustice. During his last deployment to Iraq, he was dealing with issues at home. His wife of five years, wanted a divorce and took advantage of the power of attorney (POA) that he had provided her prior to his deployment. Throughout his deployment, his wife made several bad financial decisions and failed to provide their children with the standard of care they had established prior to his deployment. During this time, his wife covertly cleared post housing and took his children to Georgia. Later, she met someone else, which resulted in a divorce from the applicant. After almost three years away from his kids and going through a divorce, the applicant lost interest in life, fell into a deep depression, and was absent without leave for greater than 90 days. During the time that he was AWOL, he was able to connect with a psychologist and was able to gain control of his life enough to see that he needed help with some deeper haunting issues, arising from combat related PTSD. The applicant states that he voluntarily returned to Fort Irwin and was sent to Fort Meade, where he was chaptered out of the Army Per the Board's Medical Officer, based on the information available for review at the time, the applicant's diagnosis of PTSD is considered a mitigating condition. As PTSD is associated with avoidant behaviors, there is a nexus between the applicant's PTSD and the misconduct (AWOL) leading to his discharge from the Army. Review of the applicant's military record indicates he was absent without leave for approximately six months. Review of his military medical record indicates he was diagnosed with PTSD while in the Army. The VA determined that the applicant was 40 percent service connected for TBI and 50 percent service connected for PTSD. In a records review conducted at Arlington, VA on 1 February 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 his combat service, two prior periods of honorable service, post service VA PTSD and TBI service connected diagnosis, circumstances surrounding his AWOL (i.e. severe family matters, abandonment by wife with kids, leading to divorce and financial hardship), 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: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 27 September 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 February 2008 / 6 years b. Age at Enlistment / Education / GT Score: 25 / HS Graduate / 117 c. Highest Grade Achieved / MOS / Total Service: E-6 / 11B34, Infantryman / 10 years, 6 months, 24 days d. Prior Service / Characterizations: RA, 8 August 2000 to 20 December 2003 / HD (Break in Service) RA, 10 May 2005 to 11 February 2008 / HD e. Overseas Service / Combat Service: SWA / Iraq (18 September 2006 to 17 September 2007) f. Awards and Decorations: ARCOM-2, AAM-2, PUC, AGCM-2, NDSM, AFEM, GWOTEM, GWOTSM, ICM-CS, NCOPDR, ASR, OSR-2, CIB, EIB g. Performance Ratings: 1 April 2007 thru 31 March 2008, Among The Best 1 April 2009 thru 31 March 2010, Fully Capable 31 March 2010 thru 31 August 2010, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: 217 days (AWOL, 13 September 2010 to 18 April 2011) / surrendered to military authorities (as stated in his application) j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a screen shot of his eBenefits account which reflects he was awarded a 40 percent service-connected disability rating for traumatic brain injury and a 50 percent service connected disability rating for PTSD (also claimed as depression and insomnia). 5. APPLICANT-PROVIDED EVIDENCE: Online application, with all allied documents listed in the supporting documentation information section of the application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant's record of service, 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. Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant's contentions about the reasons for his misconduct were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. 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. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong. The applicant contends that he was having family issues that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the 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. 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 that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 1 February 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 his combat service, two prior periods of honorable service, post service VA PTSD and TBI service connected diagnosis, circumstances surrounding his AWOL (i.e. severe family matters, abandonment by wife with kids, leading to divorce and financial hardship), 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 AR20160014818 1