1. Applicant's Name: a. Application Date: 30 October 2016 b. Date Received: 2 November 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions). The applicant seeks relief contending, in effect, he was diagnosed with PTSD, an adjustment disorder and also TBI. His discharge has greatly put an impact on his life. If he had received the help when he was seeking it, he probably would have not taken matters in his own hands; it cost him his marriage and other opportunities in life as well. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV) there was a nexus between PTSD and the misconduct which led to the applicant's separation from the Army. The Applicant's diagnosis of PTSD and mental status at the time of the misconduct mitigate the misconduct. In a records review conducted at Arlington, VA on 7 February 2018, 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 combat service, a prior period of honorable service, severe family matters, in-service and post-service diagnoses of TBI and 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 narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (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: 7 August 2014 c. Separation Facts: No (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: NA (6) Separation Decision Date / Characterization: 28 July 2014 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 November 2010 / 4 years b. Age at Enlistment / Education / GT Score: 22 years / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91B10, Wheeled Vehicle Mechanic / 6 years, 6 months, 12 days d. Prior Service / Characterizations: 30 October 2007 to 21 November 2010 / HD e. Overseas Service / Combat Service: SWA / Iraq, 17 August 2008 to 8 June 2009 / Afghanistan, 10 October 2010 to 4 July 2011 f. Awards and Decorations: ARCOM-2, AAM, AGCM-2, NDSM, ACM-2CS, ICM-2CS, GWOTSM, ASR, OSR-2, NATO MDL, MUC, g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: An administrative General Officer Memorandum of Reprimand (GOMOR), dated 10 August 2012, for driving while intoxicated. i. Lost Time / Mode of Return: AWOL x4 for 59 days, 21 October 2013 to 22 October 2013 for 2 days; 26 December 2013 to 26 January 2014 for 31 days; 5 May 2014 to 17 May 2014 for 13 days; and 2 June 2014 to 14 June 2014 for 13 days; mode of return for all periods are not in the file. j. Diagnosed PTSD / TBI / Behavioral Health: Darnall Army Medical Center, Inpatient Treatment record, dated 29 May 2014, relates the applicant had a Diagnosis 1, an unspecified adjustment reaction; Diagnosis 2, suicidal ideation; Diagnosis 3 PTSD; Diagnosis 12, occupational circumstances or maladjustment; Diagnosis 13, sleep disturbance, unspecified; Diagnosis 14, counseling for marital and partner problems, unspecified; and Diagnosis 15, cannabis (marijuana) abuse unspecified use. Physical Profile, dated 29 May 2014, shows the applicant had temporary profile for an adjustment disorder and PTSD. AHLTA records, dated 15 June 2017, revealed the applicant had has prior diagnoses of PTSD, cannabis abuse, adjustment disorder, sleep disturbances, alcohol dependence in remission. His TBI screen revealed one incident in Iraq and he was treated at the TBI clinic upon his return state side. Head injury Reports TBI in 2008 and reports symptoms of dizziness, confusion, and headache. Applicant states he had occipital nerve blocks for 3 months. Reports current symptoms of light sensitivity and short and long term memory loss. He was cleared by the TBI clinic in 2009 or 2010. 5. APPLICANT-PROVIDED EVIDENCE: Online application (six pages); (AHLTA records, four pages); the Hagel Memorandum (two pages); Darnall Army Medical Center, Inpatient Treatment Record (two pages); Psychiatry patient release / discharge instructions (two pages); medical record supplemental data; Darnall Army Medical Center Emergency Department form (two pages); physical profile; fitness for duty / deployment for Active / Reserve / National Guard Soldier; medical record; and medical record, operation or procedure (ten pages). 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 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 the characterization of service from under other than honorable conditions to general (under 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 complete 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 not 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, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the DD Form 214 shows a Separation Code of KFS (i.e., in lieu of trial by court-martial) with a reentry eligibility (RE) code of 4. The applicant seeks relief contending, he was diagnosed with PTSD, an adjustment disorder and also TBI. The record of evidence shows that he was diagnosed with PTSD, cannabis abuse, adjustment disorder, sleep disturbances, alcohol dependence in remission. His TBI screen revealed one incident in Iraq and he was treated at TBI clinic upon his return stateside. He was cleared by TBI clinic in 2009 or 2010. The applicant further contends, his discharge has greatly put an impact on his life. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. The applicant also contends, if he had received the help when he was seeking it, he probably would have not taken matters his own hands; it cost him his marriage and other opportunities in life as well. The rationale the applicant provided as the basis for what he believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. If the applicant desires a personal appearance hearing, it is 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 7 February 2018, 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 combat service, a prior period of honorable service, severe family matters, in-service and post-service diagnoses of TBI and 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 narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 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 (Restoration of) 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 AR20160018417 1