1. Applicant's Name: a. Application Date: 28 December 2015 b. Date Received: 31 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 general (under honorable conditions). The applicant seeks relief contending, in effect, he has been labeled with PTSD and needs help with healthcare. Per the Board's Medical Officer, based on the information available for review at the time, and AHLTA notes indicate that the applicant was diagnosed with Major Depressive Disorder with Psychotic Features while on Active Duty. They also indicate he was diagnosed with Chronic PTSD. He was hospitalized twice-in February 2006 for severe depressive symptoms, suicidal ideation and homicidal ideation towards his NCOs. He was again hospitalized on 7 March 2006 after a suicide attempt (overdosed). As early as 27 February 2006, his psychiatrist recommended to the command that they consider a Chapter 5-17 for this applicant but the command refused. Review of the VA notes indicate that he has not been seen by any mental health providers at the VA but has reported to the VA that he has been homeless for more than a year. Details about his PTSD diagnosis are not available because writer has no access to inpatient hospitalization records. Based on the information available at this time, the Board's Medical Officer finds that the applicant has two mitigating behavioral health conditions for the offenses which resulted in his discharge from the Army: Major Depressive Disorder with Psychotic Features and Chronic PTSD. MDD can affect judgment and contribute to avoidant, isolative behaviors. Additionally, the presence of psychotic features indicates that the level of depression was severe. At this level, thought processes and judgment are affected and account for the applicant's poor decision making and erratic behaviors. PTSD also contributes to avoidant behaviors as well as self-medication with illicit substances. Therefore, nexuses exist between Major Depressive Disorder with Psychotic Features and PTSD and the offenses of AWOL, failure to report and use of marijuana. In a records review conducted at Arlington, VA on 10 March 2017, and by a 5-0 vote, the Board determined the discharge is now inequitable. The Board found the circumstances surrounding his discharge (i.e. arbitrary and capricious actions by the command and in-service diagnosis of PTSD and psychotic depression) mitigated the discrediting entry in his service record. Accordingly, 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. This action entails restoration of grade to E-2/PV2. (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: 12 June 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated 9 May 2006, reflects the applicant was charged with violation of the UCMJ, Article 86. (2) Basis for Separation: The applicant was informed of the following reason: Charge: Violation of the UCMJ, Article 86 (with three specifications) Specification 1: AWOL, 2 to 5 March 2006 Specification 2: AWOL, 10 March 2006 to 18 April 2006 Specification 3: Failure to go at the time prescribed to his appointed place of duty, 6 February 2006 (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 22 May 2006 (5) Separation Decision Date/Characterization: 31 May 2006 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 August 2005 / 4 years, 17 weeks b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-2 / 11B10, Infantryman / 8 months, 10 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Four DA Forms 4187 (Personnel Action), dated between 2 March 2006 and 1 May 2006, reflect the applicant's duty status changed as follows: From "Present for Duty" to "Absent Without Leave (AWOL)," effective 2 March 2006 From "AWOL" to "PDY," effective 5 March 2006 From "PDY" to "AWOL," effective 10 March 2006 From "DFR" to "Confined Civilian Authorities (CCA)," effective 21 April 2006 The applicant received numerous developmental counseling statements for various acts of misconduct that include failing to be at appointed place of duty at the prescribed time, involvement in physical assault, making a false statement, disobeying a lawful order, being AWOL, missing movement, communicating a threat toward his chain of command, and admitting to smoking marijuana. i. Lost Time / Mode of Return: 44 days (AWOL, 2 to 5 March 2006 and 10 March to 20 April 2006) / apprehended by civilian authorities j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 and DD Form 214 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. 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 he has been labeled with PTSD. However, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant desires healthcare benefits. However, eligibility for veteran's benefits to include healthcare 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 10 March 2017, and by a 5-0 vote, the Board determined the discharge is now inequitable. The Board found the circumstances surrounding his discharge (i.e. arbitrary and capricious actions by the command and in-service diagnosis of PTSD and psychotic depression) mitigated the discrediting entry in his service record. Accordingly, 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. This action entails restoration of grade to E-2/PV2. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, Chapter 5-3 e. Change SPD/RE Code to: Change SPD to JFF/ No Change to RE code f. Restore Grade to: E-2/PV2 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 AR20160001924 1