ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 7 June 2019 DOCKET NUMBER: AR20170014155 APPLICANT REQUESTS: Upgrade of his under other than honorable conditions discharge to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application foe the Review of Discharge from the Armed Forces of the United Sates) in lieu of DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Secretary of Defense memorandum pertaining to discharge upgrades based on post-traumatic stress disorder (PTSD), dated 3 September 2014 * Department of Veterans Affairs (VA) Rating Decision letter * VA notification of eligibility for health care * third-party statement of support provided by the Military Liaison, Chris Kyle Patriots Hospital FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. His battle with PTSD had been recognized shortly after his return from deployment, based on combating hostile forces in Kuwait and Iraq. The combination of his undiagnosed mental health and unexpected death of his father (his mentor), played a major role in his discharge character, which was inequitable and unfair. b. He completed his duty and returned stateside as a stellar Soldier. Shortly after returning home, he began to have frequent issues with chronic nightmares, sweats, cold flashes, and acute hyper vigilant behaviors. c. During conversations with his father, a veteran, his father urged him to seek services for the mental and physical disabilities he was experiencing. After considering his advice and eventually seeking help, it was just a few years later that he was diagnosed with PTSD. Sadly, his father passed shortly after his return from Iraq. The death of his farther continued to magnify what he was feeling physically, mentally, and emotionally. d. After his father's passing, he immediately put in a DA Form 4187 (Personnel Action) for an early out as well as a compassionate reassignment to Fort Irwin, CA. Unfortunately, both requests were denied. His company commander advised a 30 day leave period which he graciously accepted. During this leave, while both grieving the loss of his father and experiencing persistent PTSD symptoms, he had a brief lapse of proper judgement and went absent without leave (AWOL). This was a decision that he quickly regretted and has realized to be one of the biggest mistakes of his life. 3. The applicant enlisted in the Regular Army on 2 August 1988 for training in military occupational specialty 63E (M-1 Abrams Tank System Mechanic). 4. The applicant's DA Form 2-1 (Personnel Qualification Record-Part II) shows he was promoted to the rank and grade of specialist/E-4 on 26 April 1990. It also shows he served in Southwest Asia in support of Operations Desert Shield and Desert Storm from 29 August 1990 to 20 March 1991. 5. A DD Form 616 (Report of Return of Absentee) shows the applicant departed AWOL on 16 March 1992 and that he remained AWOL until surrendering to military authorities on 5 September 1992. 6. Court-martial charges were preferred against the applicant on 17 September 1992 for his AWOL offense. 7. On 19 September 1992, the applicant consulted with legal counsel and voluntarily requested discharge, for the good of the service in lieu of trial by court-martial, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, due to charges preferred against him under the Uniform Code of Military Justice (UCMJ) that authorized the imposition of a bad conduct or dishonorable discharge. 8. In connection with his request, he indicated he was making the request of his own free will and that he had not been subjected to any coercion whatsoever by any person. He acknowledged he understood the elements of the offenses charged and that he was guilty of the charges against him or of lesser-included offenses which also authorized the imposition of a bad conduct or dishonorable discharged. He was advised of: * the nature of his rights under the UCMJ * the elements of the offense with which he was charged * the facts which must be established by competent evidence beyond reasonable doubt to sustain a finding of guilty * the maximum permissible punishment if found guilty 9. He also acknowledged he could be issued a discharge under other than honorable conditions and he could be ineligible for many or all benefits administered by the VA, he could be deprived of many or all Army benefits, and he could be ineligible for many or all benefits as a veteran under both Federal and State laws. He further acknowledged he could expect to encounter substantial prejudice in civilian life by reason of a under other than honorable conditions discharge. 10. On 13 October 1992, the separation authority approved the applicant's request for discharge and directed his reduction to the rank of private (PVT)/E-1 and his service characterized as under other than honorable conditions. On 3 November 1992, he was discharged accordingly. His DD Form 214 confirms he was discharged in the rank of PVT/E-1 and that his service was characterized as under other than honorable conditions. 11. On 2 November 2017, the Army Review Boards Agency clinical psychologist/medical advisor provided an advisory opinion. The advisory found the available documentation showed the applicant experienced a significant amount of stress and PTSD symptoms following his return home from deployment. His deployment experiences were magnified by the sudden death of his father. Given that PTSD was not recognized as a diagnosis during his time in service, it is unlikely that he or anyone else recognized and attributed his misconduct of an unauthorized absence to the effects of his deployment experiences and loss of his father. Supporting medical documentation from the VA indicated he was diagnosed with PTSD. In summary, given the applicant's need for continued medical and behavioral health supportive services, it is likely that his behavioral health condition contributed to the misconduct that led to his separation from active duty. A copy of the complete medical advisory was provided to the Board for their review and consideration. 12. The applicant was provided a copy of the advisory opinion on 6 November 2017 and given an opportunity to submit comments. He did not respond. 13. The applicant provided a statement from the Military Liaison, Chris Kyle Patriots Hospital, recommending that the applicant's discharge be upgraded to honorable based on his PTSD diagnosis, which was undiagnosed for nearly 24 years. BOARD DISCUSSION: After reviewing the application and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined that partial relief was warranted. Based upon the facts and circumstances of the discharge, as well as the medical advisory’s finding that it is likely that the applicant’s behavioral health condition contributed to the misconduct that led to his separation, the Board concluded that upgrading the applicant’s characterization of service to Under Honorable Conditions (General) was appropriate. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing the applicant a DD Form 214 showing his characterization of service as Under Honorable Conditions (General). 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to upgrading the characterization to Honorable. 6/13/2019 X CHAIRPERSON Signed by: 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 10 provides that a member who commits 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 at any time after court-martial charges are preferred and must include the individual's admission of guilt. Commanders will ensure that an individual is not coerced into submitting a request for discharge for the good of the service. Consulting counsel will advise the member concerning the elements of the offense or offenses for which he or she is charged, the type of discharge normally given under the provisions of this chapter, the loss of VA benefits, and the possibility of prejudice in civilian life because of the characterization of such a discharge. A discharge under other than honorable conditions is normally issued to an individual who is discharged for the good of the service. b. 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. c. 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. 3. On 3 September 2014, the Secretary of Defense directed the Service Discharge Review Boards and Service Boards for Correction of Military/Naval Records to carefully consider the revised PTSD criteria, detailed medical considerations and mitigating factors when taking action on applications from former service members administratively discharged under other than honorable conditions and who have been diagnosed with PTSD by a competent mental health professional representing a civilian healthcare provider in order to determine if it would be appropriate to upgrade the characterization of the applicant's service.