IN THE CASE OF: BOARD DATE: 21 December 2017 DOCKET NUMBER: AR20170002650 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by re-issuing the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 December 2014 to show the characterization of service as "general, under honorable conditions" and show his rank/grade as specialist/pay grade as E-4 with an effective date of 1 December 2009. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 21 December 2017 DOCKET NUMBER: AR20170002650 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : x : x : x GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 21 December 2017 DOCKET NUMBER: AR20170002650 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The Assistant Secretary of the Army (Manpower and Reserve Affairs) (ASA M&RA) submits an application on behalf of a group of Soldiers requesting that the Army Board for Correction of Military Records: a. Consider whether a potential violation of Title 10, U.S. Code, section 1177 (10 USC 1177) (Members diagnosed with or reasonably asserting post-traumatic stress disorder (PTSD) or traumatic brain injury (TBI): medical examination required before administrative separation) occurred during these Soldiers' separation processing. b. Determine whether a diagnosis of PTSD and/or TBI should result in an upgrade of these Soldiers' characterizations of service. 2. The group application states the ASA M&RA was unable to confirm that these Soldiers' PTSD and TBI diagnoses were considered by the separation authority during separation processing. 3. The ASA M&RA provides an attached list of Soldiers who may have been affected by a potential violation of 10 USC 1177. CONSIDERATION OF EVIDENCE: 1. The applicant previously served 1 year, 3 months, and 14 days in the Regular Army. He was awarded military occupation specialty (MOS) 11B (Infantryman). He was discharged on 6 October 2006 by reason of parenthood. 2. On 12 February 2009, the applicant enlisted in the Regular Army for 4 years. He was awarded MOS 89B (Ammunition Specialist). He immediately reenlisted on 18 August 2012 for 3 years. 3. The applicant's Enlisted Record Brief provides the following information: a. The applicant was deployed from: * 3 March 2006 - 28 September 2006 - Afghanistan * 15 November 2009 - 22 August 2010 - Iraq * 5 June 2012 - 8 January 2013 - Afghanistan b. He was promoted to specialist/pay grade E-4 on 1 December 2009. 4. A DD Form 553 (Deserter/Absentee Wanted by the Armed Forces) and a DD Form 616 (Report of Return of Absentee) show the applicant was absent without leave (AWOL) from 31 August 2013, until he was apprehended by civil authorities on 14 March 2014, and returned to military control the same date. 5. A Standard Form 600 (Chronological Record of Medical Care), dated 18 June 2014 indicates the applicant received a Psychiatric Diagnostic Evaluation Comprehensive Examination for PTSD. 6. On 18 June 2014, the applicant was given a mental status evaluation by a clinical psychologist for clearance for administrative separation under Army Regulation (AR) 635-200, chapter 14. The examiner determined he was fit for full duty, including deployment. a. Findings included the applicant had no obvious cognitive impairments, his behavior was cooperative, perceptions were normal, he was unlikely to be impulsive, and he was not a danger to himself or others. b. The applicant could understand and participate in administrative proceedings and can appreciate the difference between right and wrong. He did not appear to qualify for a medical evaluation board (MEB) at the time. c. He had an Axis 1 (psychiatric conditions) diagnosis of PTSD. d. The applicant was screened for PTSD and mild TBI. All positive screens require a comprehensive evaluation. * his PTSD screening was positive * his TBI screening was negative e. The applicant had been screened for PTSD and TBI. These conditions are either not present or, if present, do not meet AR 40-501 (Standards of Medical Fitness) criteria for an MEB. Command was advised to consider the influence of these conditions, if present, when determining final disposition. f. The applicant had been screened and there did not appear to be a connection between his misconduct and either PTSD or TBI. g. The applicant was psychiatrically cleared for administrative deemed appropriate by command. 7. The applicant's separation processing package are not available for the Board's review. The facts and circumstances pertaining to the applicant’s discharge are not on file. 8. On 22 December 2014, the applicant was discharged under the provisions of Chapter 10 of AR 635-200, in lieu of trial by court-martial. He completed 5 years, 3 months, and 21 days of net active service this period that was characterized as under other than honorable conditions. His DD Form 214 shows his rank/grade as a private/pay grade E-1 with an effective date of pay grade as 5 December 2014. 9. The applicant's DD Form 214 shows he was awarded or is authorized the: * Army Commendation Medal (2 awards) * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Afghanistan Campaign Medal with 2 bronze service stars * Iraq Campaign Medal with 1 bronze service star * Global War on Terrorism Service Medal * Army Service Ribbon * NATO Medal * Combat Infantryman Badge * Driver and Mechanic Badge with Driver-Wheeled Vehicle Clasp 10. On 27 February 2017, an advisory opinion was received from the Army Review Boards Agency (ARBA) psychiatrist. Documentation reviewed includes the applicant’s ABCMR application, his military separation file, his electronic military medical record (AHLTA) and the electronic Department of Veterans Affairs (VA) medical record (JLV). a. Review of the VA medical record indicates that the applicant has been found to be 70% service connected for PTSD by the VA. b. Review of the military medical record indicates that the applicant first began seeing Behavioral Health while in theater in March to April 2010. He was seen about 7 times for issues involving anger and irritability related to both the military and his home life. He reported some PTSD symptoms in August 2010 when he underwent his Redeployment Screening. He was again seen in theater for complaints of jumpiness, anger and irritability in December 2013. He was seen by Embedded Behavioral Health at Fort Carson from January to August 2013 for PTSD symptoms. He was also seen by an off post provider during this time for treatment of PTSD symptoms. In 2014, he was seen by Behavioral Health in Ft. Hood. The following PTSD symptoms were documented: anxiety, avoidance, irritability, nightmares, anhedonia, hypervigilance, increased startle reaction and decreased sleep. His identified stressors included the following: heavy combat exposure with history of being heavily rocketed two hours after arriving in country (Afghanistan) in 2006. He also witnessed three of his friends being killed when they were coming to relieve him from duty. He was also present when two other soldiers died as a result of an improvised explosive device (IED) explosion. c. On his 18 June 2014 Separation Mental Status Evaluation, the applicant was diagnosed with PTSD. He screened positive for PTSD and negative for TBI. He was deemed Fit for Duty and cleared for Administrative Separation. There is no indication in his military medical records that the applicant failed to meet military retention standards in accordance with AR 40-501. d. The applicant has been diagnosed with combat related PTSD by both the military and the VA. e. The ARBA Psychiatrist states, based on the currently available information, the applicant has a Behavioral Health Condition, PTSD, which is mitigating for the offenses leading to his discharge from the Army. As PTSD is associated with avoidant behaviors, there is likely a nexus between the applicant’s PTSD and the offense of being AWOL. 11. On 28 February 2017, the applicant was provided a copy of the above advisory for his rebuttal or additional comments and given the opportunity to submit a rebuttal/additional statements. The applicant has not provided any additional statements. REFERENCES: 1. 10 USC 1177, states: a. Medical Examination Required: (1) Under regulations prescribed by the Secretary of Defense, the Secretary of a military department shall ensure that a member of the armed forces under the jurisdiction of the Secretary who has been deployed overseas in support of a contingency operation, or sexually assaulted, during the previous 24 months, and who is diagnosed by a physician, clinical psychologist, psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse as experiencing post-traumatic stress disorder or traumatic brain injury or who otherwise reasonably alleges, based on the service of the member while deployed, or based on such sexual assault, the influence of such a condition, receives a medical examination to evaluate a diagnosis of post-traumatic stress disorder or traumatic brain injury. (2) A member covered by paragraph (1) shall not be administratively separated under conditions other than honorable, including an administrative separation in lieu of court-martial, until the results of the medical examination have been reviewed by appropriate authorities responsible for evaluating, reviewing, and approving the separation case, as determined by the Secretary concerned. (3) In a case involving post-traumatic stress disorder, the medical examination shall be performed by a clinical psychologist, psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse. In cases involving traumatic brain injury, the medical examination may be performed by a physician, clinical psychologist, psychiatrist, or other health care professional, as appropriate. b. Purpose of Medical Examination. The medical examination required by subsection (a) shall assess whether the effects of PTSD or TBI constitute matters in extenuation that relate to the basis for administrative separation under conditions other than honorable or the overall characterization of service of the member as other than honorable. c. Inapplicability to Proceedings Under Uniform Code of Military Justice. The medical examination and procedures required by this section do not apply to courts-martial or other proceedings conducted pursuant to the Uniform Code of Military Justice. 2. AR 600-8-19 (Enlisted Promotions and Reductions) prescribes policies and procedures governing promotion and reduction of Army enlisted personnel. Paragraph 10-15a states when the separation authority determines that a Soldier is to be discharged from the Service under other than honorable conditions, the Soldier will be reduced to the lowest enlisted grade. Further board action is not required for this reduction. 3. AR 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 1-13 states when a Soldier is to be discharged under other than honorable conditions, the separation authority will direct an immediate reduction to the lowest enlisted grade per AR 600-8-19, chapter 10. b. Paragraph 1-33 (Disposition through medical channels), provides that, except in separation actions under chapter 10 (Discharge in Lieu of Trial by Court-Martial), disposition through medical channels takes precedence over administrative separation processing. c. An honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the Soldier’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. d. A characterization of under honorable conditions may be issued only when the reason for separation specifically allows such characterization. It will not be issued to Soldiers solely upon separation at expiration of their period of enlistment, military service obligation, or period for which called or ordered to active duty. e. 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 under other than honorable conditions is normally considered appropriate. DISCUSSION: 1. The applicant received a mental status evaluation by a clinical psychologist in compliance with 10 USC 1177. He was diagnosed with PTSD. He was deemed fit for duty and cleared for administrative separation. Due to the unavailability of the applicant's separation package, there is insufficient evidence to show the results of his mental status examination was reviewed by the appropriate authorities responsible for evaluating, reviewing, and approving the separation case as required by 10 USC 1177. 2. Although the applicant's separation package was not available, in order for him to be discharged under the provisions of Chapter 10 of Army Regulation 635-200, charges would have had to have been preferred against him for an offense for which the authorized punishment includes a punitive discharge. The applicant would have been required to consult with defense counsel and to voluntarily, and in writing, request separation from the Army in lieu of trial by court-martial. In doing so, the applicant would have admitted he was guilty of the offenses he was charged with, and acknowledged that he could receive a discharge under other than honorable conditions. 3. The applicant completed three tours in a combat theater, in Afghanistan from 3 March 2006 - 28 September 2006, in Iraq from 15 November 2009 - 22 August 2010, and in Afghanistan from 5 June 2012 - 8 October 2013. He was awarded two Army Commendation Medals, an Army Achievement Medal, the Army Good Conduct Medal, and the Combat Infantryman Badge. 4. The applicant did not go AWOL until after the end of his third tour in a combat theater. 5. The ARBA psychiatrist stated the applicant has a behavioral health condition (PTSD) which is mitigating for the offenses leading to his discharge from the Army. As PTSD is associated with avoidance behavior, this is likely a nexus between the applicant's PTSD and the offence of AWOL. 6. The applicant's reduction to private/pay grade E-1 was based solely on his discharge under other than honorable conditions. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170002650 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170002650 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2