1. Applicant's Name: a. Application Date: 23 November 2016 b. Date Received: 1 December 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 or general (under honorable conditions). The applicant submitted no issues of equity or propriety to be considered by the board. The record indicates the applicant had a prior records review on 25 March 2016. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had partially mitigating medical or behavioral health conditions for the offenses. Because the behavioral health conditions, particularly Bipolar Disorder and PTSD, can be associated with use of alcohol and substances for self-medication, risk-taking behaviors, impaired judgment, and impulsivity, there is a nexus between some of the SMs misconduct (i.e. DUI, drug use, impulsivity) and his behavioral health symptoms. In a personal appearance hearing conducted at Arlington, VA on 21 August 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 combat service, the personal testimony presented, prior periods of honorable service, homelessness, matters surrounding the discharge (i.e. in service diagnosis of PTSD and OBH) 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 general under honorable conditions. This action entails restoration of grade to E-8/MSG. (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: 21 September 2005 c. Separation Facts: (1) Date Charges Were Preferred: NIF (2) Basis for Separation: The applicant's service record does not contain a copy of the Charge Sheet which served as the basis for his discharge. However, on 29 August 2005, the applicant requested a discharge in lieu of trial by court-martial under AR 635-200, chapter 10. In his request, the applicant noted the charges preferred against him: Article 90-Disobey a Superior Commissioned Officer Article 92-Violation of General Order of Regulation Article 134-Fraternization Article 134-Obstructing Justice Article 134-General Article Article 134- Threat, Communicating Article 134-Indecent Acts (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 29 August 2005 (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 2 September 2005 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 January 2004 / Indefinite b. Age at Enlistment / Education / GT Score: 36 / 1 Year College / 115 c. Highest Grade Achieved / MOS / Total Service: E-8 / 31B10, Military Police / 18 years, 7 months, 12 days d. Prior Service / Characterizations: RA, 10 February 1987 to 28 June 1990 / HD RA, 29 June 1990 to 10 May 1992 / HD RA, 11 May 1992 to 2 April 1995 / HD RA, 3 April 1995 to 8 September 1998 / HD RA, 9 September 1998 to 28 January 2004 / HD e. Overseas Service / Combat Service: Bosnia, Germany, Panama, SWA / Kuwait (5 June 1990 to 4 October 1990), Bosnia (3 March 2002 to 2 July 2002), Iraq & Kuwait (2 March 2003 to 1 January 2004), and Afghanistan (2 January 2005 to 15 September 2005) f. Awards and Decorations: BSM, MSM-2, ARCOM-3, AAM-4, ASUA-2, AGCM-6, NDSM-2, AFEM, SWASM, KCM, NOPDR-3, ASR, OSR-3, KLM-KU, NATOMDL, ACM, GWOTEM, GWOTSM g. Performance Ratings: March 2003 to March 2004, Fully Capable April 2004 to December 2004, Among The Best January 2005 to July 2005, Marginal h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand, dated 31 March 2004, for driving while intoxicated on 13 March 2004. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None; however, evidence of record from the applicant's prior records review shows he provided a copy of his discharge summary from Poplar Springs Hospital, dated 15 April 2015, which shows the following diagnoses: Axis I: Major depressive disorder Methamphetamine dependence Post-traumatic stress disorder Axis II: Deferred Axis III: None Axis IV: Financial, legal, and familial stressors Axis V: GAF: Discharge GAF of 65 He had also provided a letter, dated 19 January 2016, from the Military Service Clinical Director, Poplar Springs Hospital, which shows the applicant had inpatient treatment for combat related PTSD, during the period 25 March 2015 to 15 April 2015. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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 or general (under honorable conditions). The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of an 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 significant achievement and valor; 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 submitted no issues of equity or propriety to be considered by the board. 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): Character reference letters (3 letters) - 4 pages Facebook testimonials - from the web - not printed b. The applicant presented the following additional contention(s): no additional issues or contentions. c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 21 August 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 combat service, the personal testimony presented, prior periods of honorable service, homelessness, matters surrounding the discharge (i.e. in service diagnosis of PTSD and OBH) 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 general under honorable conditions. This action entails restoration of grade to E-8/MSG. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions 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: E-8/MSG 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 AR20170001205 5