1. APPLICANT’S NAME: a. Application Date: 11 June 2015 b. Date Received: 7 July 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. The Board would consider her for a possible upgrade as instructed by Department of Defense Instruction (DoDI) 1332.28. The applicant requests an upgrade of her under other than honorable conditions discharge to honorable and to change the narrative reason for separation. The applicant states, in pertinent part and in effect, after sustaining a head injury which caused her a deranged state of mind, she was no longer able to think rationally. Her mental state was altered by the impact. In January 1997, she attempted suicide, the beginning stage of her mind becoming deranged. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a behavioral health condition which was likely mitigating for her offense of being AWOL from January 1997 to November 1999. Military medical records are not available during this time frame to support claim of head injury from a car accident or history of military sexual trauma. CID report also found no records of MST account. The applicant does have an extensive behavioral health history documented in civilian medical records. Behavioral health records from 20 June 2014 diagnosed the applicant with Depressive Disorder, NOS and Post Traumatic Stress Disorder (by history). Evaluation indicated a history of traumatic and concerning events to include her father being murdered in front of her at the age of 4, being sexually assaulted in the military and viewing herself as property of the US military, periods of dissociation, nightmares, anxiety, hypervigilance, intrusive thoughts of periods of abuse and fear. There is also a reported suicide attempt in 1997 while on military leave. She is on disability for a spinal and brain injury. A second evaluation from June 2015 reported depression, paranoia, suicidal thoughts, anxiety, and psychosis. She was diagnosed with Schizoaffective Disorder-Bipolar Type, Unspecified Anxiety Disorder, PTSD and Traumatic Brain Injury. Because these conditions can be associated with disorganized behavior and thoughts, there was likely a nexus between the applicants' AWOL and her several behavioral health diagnoses, including PTSD. In a records review conducted at Arlington, VA on 3 August 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (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: 28 February 2001 c. Separation Facts: (1) DD Form 458, Charge Sheet: On 1 December 1999, the applicant was charged with violating Article 86, UCMJ, for being AWOL from 8 January 1997 until 23 November 1999. (2) Basis for Separation: Pursuant to applicant’s request for discharge under the provisions of Chapter 10, In Lieu of Trial by Court-Martial (3) Recommended Characterization: Under Other Than Honorable Conditions discharge (4) Legal Consultation Date: 1 December 1999 (5) Administrative Separation Board: None (6) Separation Decision Date/Characterization: 21 December 2000 4. SERVICE DETAILS: a. Date/Period of Enlistment: 20 August 1996 / 3 years b. Age at Enlistment/Education/GT Score: 22 / HS Graduate / 89 c. Highest Grade Achieved/MOS/Total Service: E-2 / None / 1 year, 10 months, 27 days (includes 455 days of excess leave, creditable for all purposes, except pay and allowances, from 2 December 1999 through 28 February 2001) d. Prior Service/Characterizations: None / NA e. Overseas Service/Combat Service: None / None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s)/Evidentiary Record: Charge Sheet described at the preceding paragraph 3c(1). Report of Return of Absentee, dated 23 November 1999, indicates the applicant was apprehended by civil authorities and returned to military control. Two DA Forms 4187, Personnel Action, dated 8 January 1997 and 7 February 1997, reflects the applicant’s duty status changed from “Leave” to “AWOL,” effective 8 January 1997 and from “AWOL” to “DFR,” effective 7 February 1997. U.S. Army Crime Records Center Memorandum, dated 20 July 2016, reflects they have no files pertaining to the applicant, which can be considered a “no record” response for USACIDC records pursuant to the Privacy Act and the Freedom of Information Act. i. Lost Time: 1051 (AWOL, 8 January 1997 until she was apprehended by civil authorities on 22 November 1999) j. Diagnosed PTSD/TBI/Behavioral Health: Counseling services “Assessment and Screening Form,” dated 20 June 2014, notes the applicant’s report that her mood swings started after a car accident in 1997, and that she suffered a traumatic brain injury during that time. The applicant also reported behavioral health issues and sexual assaults that occurred while in the military. The “Diagnosis: DMS,” indicates 311 Depressive Disorder, NOS” and “309.81 Posttraumatic Stress Disorder (by history).” Psychiatric Diagnostic Interview, dated 15 June 2015, indicates history of present illness, “PTSD and brain injury in 1997. 5. APPLICANT-PROVIDED EVIDENCE: as new evidence: Social Security correspondence, dated 16 July 2014; page 4 of DA Form 2-1, Personnel Qualification Record; handwritten note “Erroneous RMC,” dated 17 June 1997; installation clearance record, dated 11 February 1997; social security correspondence (pages 1 and 2 of 16 pages), dated 30 November 2014; counseling services, PLLC, Assessment and Screening Form, dated 20 June 2014; medical records, dated 20 May 2015 and 15 June 2015; and as additional documents: page 2 of DA Form 2-1, Personnel Qualification Record; Report of Return of Absentee, dated 23 November 1999; telephone or verbal conversation record, dated 7 June 1997; Social Security correspondence, dated 2 June 2012 (pages 1 and 2 of 5 pages) and 30 April 2012; and medical records , dated 25 January 1997 and 2 January 1997. 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 that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. AR 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4. 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 did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by DoDI 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant requests an upgrade of her under other than honorable conditions discharge to honorable and to change the narrative reason for separation. The applicant’s record of service, and the issues and documents submitted with her application were carefully reviewed. The evidence of record confirms 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. Her record documents no other acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority The applicant seeks relief contending, after sustaining a head injury which caused her a deranged state of mind, she was no longer able to think rationally. Her mental state was altered by the impact. In January 1997, she attempted suicide, the beginning stage of her mind becoming deranged. A careful review of the applicant's documentary evidence indicates the applicant's behavioral health issues along with a post-traumatic stress disorder diagnosis existed, and the applicant contends that they were contributing factors that led to her misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to her misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. Army Regulation 635-5-1 identifies the SPD code of "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 10, in lieu of trial by court-martial. The regulation further stipulates that no deviation is authorized. 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 3 August 2016, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150011280 1