1. Applicant’s Name: a. Application Date: 30 October 2015 b. Date Received: 30 October 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, he was hit during a grenade attack while deployed to Iraq and received a Purple Heart for his injuries; however, he was never given the proper treatment for anything. The applicant contends that this command was dismissive of him. The applicant states that he went AWOL, he was on drugs, and subsequently was discharged. The applicant further states that he has been trying to get his situation cleared up, but he keeps running into dead ends. He has not been in trouble for six years and was just recently released from probation. The applicant alleges that he was charged for going to the Veterans Administration, money was taken from his taxes, and he was told not to come back. He questions why nobody can help him. He has sent all of his information to his lawyers and his congressman, in hopes that somebody can help him. Although he has been on the up and up, he still struggles. He does not blame anyone, he just would like to have his situation cleared up. Per the Board's Medical Officer, based on the information available at the time, the applicant has a Behavioral Health Condition which is mitigating for the misconduct which resulted in his UOTHC discharge from the Army. The applicant has been diagnosed with PTSD by Michael Skarlisnki, PhD, clinical psychologist. He has also been found disabled by the Social Security Administration for Bipolar Disorder, Unspecified and PTSD. As PTSD is associated with avoidant behaviors, there is a nexus between the applicant's PTSD and the offense of being Absent Without Leave (AWOL). Both the military electronic medical record and the VA electronic medical record were reviewed. In a personal appearance hearing, to include a careful review of the applicant’s military records and the issues presented before the board, conducted at Arlington, VA on 6 February 2017, and by a 5-0 vote, the discharge appears to be improper. Based on the applicant’s length and quality of service, to include his combat service, his personal testimony, his post service diagnosis of PTSD, and current standards, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority, with SPD Code JFF. This action entails restoration of grade to E-4/SPC. (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: 11 September 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated 18 May 2006, reflects the applicant was charged with violation of the UCMJ, Article 86, AWOL. (2) Basis for Separation: The applicant was informed of the following reason: Charge: Violation of the UCMJ, Article 86, AWOL (22 February 2006 until 12 May 2006) (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 19 May 2006 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 20 August 2006 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 July 2002 / 6 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-4 / 13B10, Cannon Crewmember / 3 years, 11 months, 6 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany, SWA / Iraq (8 May 2003 to 2 August 2004) f. Awards and Decorations: PH, ARCOM, PUC, AGCM, NDSM, GWOTEM, GWOTSM, ASR, OSR, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: DD Form 458 (Charge Sheet), dated 19 May 2006, described at the preceding paragraph 3c(2). Three Personnel Action forms reflect the applicant’s duty status changed as follows: from “Present for Duty (PDY)” to “Absent Without Leave (AWOL),” effective 22 February 2006 from “AWOL” to “Dropped From Rolls (DFR),” effective 24 March 2006 from “DFR” to “PDY,” effective 12 May 2006 i. Lost Time / Mode of Return: 79 days (AWOL, 22 February 2006 to 12 May 2006) / apprehended by civilian authorities. j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of his mental status evaluation, dated 27 June 2016, which reflects the applicant was diagnosed with unspecified bipolar and related disorder; posttraumatic stress disorder; and, rule out substance use disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; an internet news article; and a mental status evaluation. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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. 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 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 no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority and it does not support an upgrade to an honorable or a general discharge at this late date. The applicant contends that mental issues contributed to his discharge from the Army. However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The applicant’s service record is void of a mental status evaluation. It appears the applicant’s chain of command determined that he knew the difference between what was right and wrong. The applicant contends that an upgrade of his discharge would allow him medical treatment. However, eligibility for veteran's benefits to include medical benefits does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the no additional documents or contentions. b. Observer: Yes (Fiancé) 10. BOARD DETERMINATION: In a personal appearance hearing, to include a careful review of the applicant’s military records and the issues presented before the board, conducted at Arlington, VA on 6 February 2017, and by a 5-0 vote, the discharge appears to be improper. Based on the applicant’s length and quality of service, to include his combat service, his personal testimony, his post service diagnosis of PTSD, and current standards, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and a change to the narrative reason for separation to Secretarial Authority, with SPD Code JFF. This action entails restoration of grade to E-4/SPC. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change SPD / RE Code to: SPD Code JFF / No Change e. Restore (Restoration of) Grade to: E-4/SPC AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board 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 AR20150017721 5