1. Applicant's Name: a. Application Date: 27 October 2016 b. Date Received: 9 December 2016 c. Counsel: d. Previous Records Review: 14 May 2014, AR20130010875 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable, and to upgrade reentry code to RE-1. The counsel on behalf of the applicant seeks relief contending, in pertinent part and in effect, the applicant served honorably for more than three years prior to his discharge-his DD Form 214 shows he received an honorable discharge. He was a model Soldier with unlimited potential. In March 2005, when he returned from a deployment, he had a challenging time adapting to civilian life as he had anger and rage issues, and an untreated PTSD. Despite those challenges he entered Army Reserve and continued to serve honorably. However, in September 2005, with PTSD, he became homeless-he slept in his car and failed to report for mandatory drills which led to his current discharge. He engaged in no misconduct, but the circumstances of being homeless, and depressed and suffering from PTSD, should be considered mitigating factors for the relief he is requesting. The basis for his discharge of over 10 years ago, an aberration in his military career, continues to characterize and punish him as he regrets his experiences. His goals are to exceed at his job; however, he is unable to further his career with more growth opportunities. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a medical or behavioral health condition that was mitigating for the reasons leading to an early separation. In summary, SMs behavioral health symptoms, particularly PTSD, can be associated with avoidance behaviors such as missing drills, therefore there is a nexus between the misconduct and behavioral health condition. In a personal appearance hearing conducted at Arlington, VA on 6 November 2017, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, post-service diagnosis of PTSD, incapacity to serve, a prior period of honorable service, homelessness and post-service accomplishments. Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. This action entails restoration of grade to E-4/SPC. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: NA / AR 135-178 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 9 February 2006 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 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 December 2002 / 8 years (USAR), continuous service b. Age at Enlistment / Education / GT Score: 17 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 31B10, Military Police / 3 years, 1 month, 27 days d. Prior Service / Characterizations: USAR (13 December 2002 to 2 January 2004) / NA MOB OEF (3 January 2004 to 15 April 2005) / HD (Continuous USAR Service after Active Duty redeployment) e. Overseas Service / Combat Service: SWA / Afghanistan (9 March 2004 to 13 March 2005) f. Awards and Decorations: AAM; NDSM; GWOTEM; GWOTSM; AFRM w/M DEV g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Discharge Orders, dated 9 February 2006 i. Lost Time / Mode of Return: NIF / NA j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge) and DD Form 149 (Application for Correction of Military Record), dated 27 October 2016, with attorney-authored brief; discharge orders; DD Form 214; eight character reference statements; and applicant's resume. 6. POST SERVICE ACCOMPLISHMENTS: The applicant's documentary evidence shows that he is currently employed as a detention officer. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. The characterization is based upon the quality of the Soldier's service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army regulations, and the time-honored customs and traditions of the Army. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized if the Soldier is in entry-level status. However, the permissible range of characterization varies based on the reason for separation. 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, and to upgrade reentry code to RE-1. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The applicant's service record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the record of evidence contains a properly constituted discharge orders, which shows the applicant was discharged under the provisions of AR 135-178, with an Under Other Than Honorable Conditions characterization of service. 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. In consideration of the applicant's service accomplishments and quality of his service prior to any incidents of conduct that led to his discharge, and his post-service accomplishments, the Board can find that his complete period of service and his accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The Army Discharge Review Board is authorized to consider post-service factors in the re- characterization 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. The applicant's contentions regarding his behavioral health issues which involved suffering from PTSD, were carefully considered. A careful review of the available record and the applicant's documentary evidence provided no evidence of post-traumatic stress disorder diagnosis or any behavioral health issues diagnoses, which the applicant contends were contributing factors that led to his misconduct. The applicant bears the burden of presenting substantial and credible evidence to support his issues. Although the current application shows the applicant has a personal appearance hearing scheduled, it would be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet and medical diagnoses of his behavioral health issues) for the Board's consideration because they are not available in the official record. The third party statements provided with the application speak highly of the applicant's character. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the applicant's current discharge. The applicant expressed his desire to exceed at his job but due to his current discharge, he is unable to further his career with more growth opportunities. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Regarding the applicant's request to change the reentry code to RE-1, his service record is void of any document which would reflect the Reentry (RE) code assigned to him at the time of his current separation from the Army Reserve. Further, even if reenlistment is desired, the applicant's discharge orders show an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment. 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. 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 the following additional document(s): Resume, Discharge communications, Upgrade brief, letters of reference - 27 pgs. Character letters and references- 13 pages b. The applicant presented the following additional contention(s): Change Reentry Eligibility (RE) code c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 6 November 2017, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, post-service diagnosis of PTSD, incapacity to serve, a prior period of honorable service, homelessness and post-service accomplishments. Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. This action entails restoration of grade to E-4/SPC. 11. BOARD ACTION DIRECTED: a. Issue a New Separation Order: Yes b. Change Characterization to: General, Under Honorable Conditions c. Change Reason to: No Change d. Change Authority to: No Change d. Change SPD / RE Code to: NA / NA e. Restore (Restoration of) 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 AR20170001104 5