1. Applicant's Name: a. Application Date: 5 December 2015 b. Date Received: 24 December 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 honorable and a change to the narrative reason for separation to reflect "medical retirement." The applicant seeks relief contending, in effect, he is a combat veteran; he had a court-martial trial after head surgery to remove tumors. He was diagnosed with Post Traumatic Stress Disorder (PTSD) and Gulf War syndrome. The applicant had no records in AHLTA. He did have records in JLV, with Anxiety and PTSD diagnoses appearing in 2015. The basis for the PTSD diagnosis was in some respects compromised by a VA note of 17 November 2015. He did describe his PTSD-related Traumata as being exposed as a Personnel Specialist to dead bodies, a burned and dead body tank, and small-arms fire. All of the charges he faced seemed to have involved deliberate and intentional planning. The types of charges cited are not the type that PTSD or Generalized Anxiety Disorder would ordinarily mitigate, but a full understanding of the conditions surrounding the applicant's Other Than Honorable discharge to avoid a court-martial was lacking. In a records review conducted at Arlington, VA on 29 March 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: In Lieu of Trial by Court Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 10 June 2003 c. Separation Facts: (1) Date Charges Were Preferred: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: 4 March 2003, the applicant's defense counsel on his behalf requested discharge in lieu of trial by court-martial. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 6 March 2003 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 January 1997 / 6 years b. Age at Enlistment / Education / GT Score: 27 / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-6 / 75H30, Personnel Service Specialist / 13 years, 10 months, 10 days d. Prior Service / Characterizations: RA, 31 July 1989 to 27 January 1993 / HD RA, 28 January 1993 to 25 July 1995 / HD RA, 26 July 1995 to 15 January 1997 / HD e. Overseas Service / Combat Service: Korea, SWA / Saudi Arabia (3 December 1990 to 22 April 1991) f. Awards and Decorations: AAM-6, AGCM-3, MUC, NDSM-2, SWASM-3BSS, NCOPDR, ASR, OSR-2, KLM-SA, KLM-KU g. Performance Ratings: May 1997 thru January 2000, Fully Capable February 2000 thru May 2000, Among The Best June 2000 thru December 2000, Marginal January 2001 thru May 2001, Fully Capable June 2001 thru July 2002, Marginal h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: VA medical document, dated 27 October 2015, reflects the applicant was diagnosed with PTSD and a generalized anxiety disorder. He was prescribed medications for treatment of these conditions. 5. APPLICANT-PROVIDED EVIDENCE: Online application; DD Form 214; PTSD medical documents; Tumor removal Medial with secondary effect of Frey's syndrome; Special Court- Martial Order Number 3; court-martial action dismissal; finding of fact; VA Medical Document, two compensation and pension exam reports; and an application of law information paper. 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 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 requests an upgrade of his under other than honorable conditions discharge to honorable and a change to the narrative reason for separation to reflect "medical retirement." 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 complete facts and circumstances concerning the events which led to his discharge from the Army. Barring evidence to the contrary, all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant requested a change to the narrative reason for separation to reflect "medical retirement." 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 regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, he is a combat veteran; he had a court-martial trial after head surgery to remove tumors. The record of evidence shows that the applicant served in Saudi Arabia. He received a Special Court-Martial on 15 July 2002. However, the findings of guilty and the sentence were disapproved. The charges and specifications were dismissed. It was not determined if the charges and specifications were dismissed due to the applicant's head surgery. The applicant further contends, he was diagnosed with PTSD and Gulf War Syndrome. The applicant submitted a VA medical document, which reflects he was diagnosed with PTSD and a generalized anxiety disorder. He was prescribed medications for treatment of these conditions. If the applicant desires a personal appearance hearing, it is 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 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 29 March 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 AR20150019264 4