1. Applicant's Name: a. Application Date: 1 July 2015 b. Date Received: 31 August 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, his discharge was due to severe mental distress cause by PTSD, depression, anxiety, suicidal attempts and survivor's guilt as noted in his medical documents. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has extensive mental-health history that began prior to him entering the Army. There are also worrisome inconsistencies in the applicant's account of his mental-health history. When he was seeking entrance into the Army, he denied a history of mental-health diagnoses or treatment. When his mental health eroded in the Army to the point of needing treatment, he admitted to a history of mental-health treatment and a suicide attempt by overdose prior to his entry into the Army (from a Note content that emerged at least by 15 September 2014 and is repeated in other notes). During his deployment, he was evacuated from for suicidal ideation, diagnosed as depressed, stabilized and returned to his unit. When he returned from his deployment, he described an incident to in which a building he was in was mortared and somebody killed, as on 10 October 2012, when he told a clinician that "he was exposed to a blast while in theater states that he was in talk [presumably meaning the TOC] and a mortar came through the building and someone was killed. The applicant states that he has had a problem with depression and anxiety since high school states that his self-esteem has always been very low and he drinks too much on weekends and that while in theater he was taken to the rear and treated because someone found his notebook and 'reported me'." By three weeks after his discharge, he explained his traumata, not just trauma, as follows: "Every day they had fire. IED IEF, sniper, the whole thing. Once they hit us with 18 rounds in one day. Our FOB was 150X150. Blown up once (recoilless rifle. Shoulder fired mortar round designed for tanks but they were using them on us) and killed my E-6. Our building that was hit only had a layer of sandbags. Witnessed him ripped apart. He had a flash, ears went, I don't remember much. They could not evacuate me as I was the only guy who could do my job. They did not let me go to sleep in case I had a concussion. "My hearing his shot. I get ringing in my ear." Two traumatic deaths. He was a Forward Observer and called in the rounds. Pt states they lost two men during his 10 months and would should have lost more as we were fired on every day. The team who replaced us lost five people in the first day. They did not listen to everything we told them to do." This account is dramatically more detailed and elaborate and striated with violence and gore than any earlier accounts. The death the SSG and a name emerged by 2014. In any event the patient has multiple diagnoses that have included or include PTSD, Adjustment Disorders, Anxiety, Depression, and Sleep Apnea. Further, he had two inpatient hospitalizations for suicidality after his deployment. His misconduct included four months of AWOL; however, it is referenced, but not described in the available records. A note mentions that the applicant told the provider he went AWOL because of feeling nobody cared about him. Absent more details about the conduct or events that preceded the applicant's discharge, it is impossible on behavioral-health grounds to decide if the applicant's mental health provides any basis for upgrading his discharge. It is clear enough in the record that he is a fragile person with multiple diagnoses, including PTSD, but that his mental problem began before he even entered the Army, and that his reliability as an historian is suspect. I do not recommend an upgrade that is based on his poor mental health. In a records review conducted at Arlington, VA on 24 February 2017, 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: Misconduct (AWOL) / AR 635-200, Paragraph 14-12c (1) / JKD / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 23 December 2014 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 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 February 2011 / 5 years and 18 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 102 c. Highest Grade Achieved / MOS / Total Service: E-4 / 13F10, Fire Support Specialist / 3 years, 10 months, 2 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (15 September 2011 to 26 July 2012) f. Awards and Decorations: ARCOM, ACM-CS, NDSM, GWOTSM, ASR, NATOMDL g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: Medical Records submitted by the applicant from the Department of Veterans Affairs, show that the applicant suffers with an adjustment disorder with disturbance of emotions and conduct on 9 September 2014, sleep disturbances on 16 September 2013, adjustment disorder with depressed mood on 23 August 2013, anxiety on 10 October 2012, and depression on 10 November 2011. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and Department of Veterans Affairs Medical Records. 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 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. Paragraph 14-12c(1) allows for an absentee returned to military control from a status of absent without leave or desertion to be separated for commission of a serious offense. 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 general (under honorable conditions) discharge to honorable. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the facts and circumstances concerning the events which led to his discharge from the Army. Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant contends his discharge was due to severe mental distress caused by PTSD, depression, anxiety, suicidal attempts and survivor's guilt as noted in his medical documents. The medical documents submitted by the applicant indicating he suffers with an adjustment disorder with disturbance of emotions and conduct, sleep disturbances, adjustment disorder with depressed mood, anxiety, and depression was noted. However, a determination on whether his contention has merit cannot be made because the complete facts and circumstances leading to the discharge are unknown. The burden of proof remains with the applicant to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the completes facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 24 February 2017, 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 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD / RE Code to: No Change e. Restore (Restoration of) Grade to: No Change 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 AR20150014278 1