1. Applicant's Name: a. Application Date: 1 August 2016 b. Date Received: 25 August 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, he believes his behavior problems, while in the service, were due to his undiagnosed PTSD. He states his PTSD stemmed from his service in Bosnia. He has lived a life worth of an upgrade as he has remained a good citizen. The Army Discharge Review Board, under the provisions of 10 USC § 1553, recommends the applicant be considered for a change of his discharge by the Adjutant General, State of Arizona, with issuance of a new NGB Form 22a, based on this Board's decision. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, there is insufficient evidence to determine a nexus between the applicant's misconduct and a behavioral health condition. VA medical records indicated SM has a diagnosis of PTSD; however, his 40% service connected rating is for non- behavioral health disorders (limited motion of ankle 10%, paralysis of sciatic nerve 10%, and lumbosacral or cervical strain 20%). VA records also indicated a history of cocaine and alcohol dependence, bipolar disorder, and hallucinations; however, both his medical and military records were void of SMs basis of separation. In a records review conducted at Arlington, VA on 3 January 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains an erroneous entry. The Board directed the following administrative correction and reissue of the applicant's DD Form 214, as approved by the separation authority: Block 27, reentry code changed to 4. (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-3 / Under Other Than Honorable Conditions b. Date of Discharge: 3 December 2003 c. Separation Facts: (1) DD Form 458 (Charge Sheet): NIF (2) Legal Consultation Date: NIF (3) Basis for Separation: NIF (4) Recommended Characterization: NIF (5) Separation Decision Date/Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 January 1998 / 3 years / On 24 June 2000, the applicant extended his enlistment in the ARNG by a period of 6 years, giving him a new ETS of 1 January 2007. The applicant's service record is void of the orders, which ordered him to Active Duty. b. Age at Enlistment / Education / GT Score: 29 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-5 / 94B10, Food Service Specialist / 18 years, 4 months, 26 days d. Prior Service / Characterizations: ARNG, 6 July 1985 - 18 August 1991 / HD IADT, 10 June 1986 - 2 October 1986 / UNC (Concurrent Service) AD, 30 November 1990 - 19 May 1991 / HD (Concurrent Service) USARCG, 19 August 1991 - 19 October 2003 / NIF (Break in Service) ARNG, 20 July 1994 - 19 July 1995 / HD (Break in Service) ARNG, 21 August 1996 - 20 August 1997 / HD (Break in Service) ARNG, 9 January 1998 - 20 March 2003 / NIF AD, 3 February 2001 - 28 October 2001 / HD (Concurrent Service) e. Overseas Service / Combat Service: Bosnia / Bosnia (24 March 2001 - 4 October 2001) f. Awards and Decorations: AAM-2, NDSM, AFEM, AFRMM, NATOMDL, ASR, ALP g. Performance Ratings: NIF h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of his Central Arkansas HCS, Medical Record, dated 8 August 2016, which reflects he was assessed with: PTSD; SIMD, MOD; Cocaine Use Disorder; and, Alcohol Disorder r/o Cluster B Traits. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149, with all allied documents listed in block 9 of the application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service 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 a mental health condition, including PTSD; TBI; or sexual assault/harassment 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 characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors 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. Caution shall be exercised 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 conditions. The applicant's available 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. 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 applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 10, by reason of In Lieu of Trial By Court-Martial, with a characterization of service of Under Other Than Honorable Conditions. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 3. Soldiers processed for in lieu of trial by court-marital, will be assigned an SPD Code of KFS and an RE Code of 4. The applicant's contentions about his discharge resulted from his undiagnosed PTSD, which affected his behavior, was 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 that has been diagnosed with 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 Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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. Notwithstanding the administrative error, 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. The Army Discharge Review Board, under the provisions of 10 USC § 1553, in the case of the applicant named in Page 1, recommends the applicant be considered for a change of his discharge by the Adjutant General, State of Arizona, with issuance of a new NGB Form 22a, based on this Board's decision. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 3 January 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains an erroneous entry. The Board directed the following administrative correction and reissue of the applicant's DD Form 214, as approved by the separation authority: Block 27, reentry code changed to 4. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD/RE Code to: No Change to SPD code / Change to RE code to 4 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 AR20160015190 1