1. Applicant’s Name: a. Application Date: 8 January 2016 b. Date Received: 12 February 2016 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 now knows that going AWOL was not the answer to his problems, but he felt backed into a corner and did not know what else to do at the time. He was having issues with depression and having difficulties with his marriage. The applicant states that he spoke to his leadership about his problems and tried seeking assistance, but he was ignored. The applicant was restricted to the base and in an attempt to save his marriage, he went to his wife’s place off post to talk and cook her dinner. While in the grocery store, he was caught by his first sergeant. The applicant attempted to explain the problems he was having, but his first sergeant did not want to hear it. Instead of helping him, he was punished. He was so ashamed, confused and depressed, that he could not deal with it and just left. After his punishment, his wife did not want anything to do with him and divorced him. He was AWOL for about a month when a local police officer ran his license plate and took him in for being AWOL. While he was in the civilian jail, a military police officer came and talked to him and told him he was going to leave, but would come back and get him later. Two weeks later, the civilian police told him he was free to go; so he figured the Army had discharged him and let him go. He went back home and gained employment and tried putting his life back together. He was home for some time before the military police came and got him and that is when he found out that he had not been discharged. He is being treated for depression. His issues started while he was on active duty. His depression had actually became so bad that he went AWOL for a week, but when he had returned, he explained everything to his first sergeant and he worked with him. He was disciplined and given chores to make up for his actions. He continued to have issues, but was not offered or given and assistance for his problems. Per the Board’s Medical Officer, based on the information available for review at the time to include medical documents provided by the applicant, there was a mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. Because Major Depression can be associated with hopelessness, poor judgment, and avoidance behaviors, there is a nexus between this applicant’s misconduct and his behavioral health symptoms. In a personal appearance hearing conducted at Warner Robins, GA on 15 November 2016, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant’s length of service, prior honorable service, circumstances surrounding his discharge (i.e. capricious action by the command), circumstances surrounding AWOL (i.e. major depression), and post service accomplishments and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. 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: 29 November 2001 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated 9 August 2000, reflects the applicant was charged with violation of the UCMJ, Article 86, AWOL. (2) Basis for Separation: The applicant was informed of the following reasons: Charge: Violation of the UCMJ, Article 86, AWOL (4 January 2000 – 2 August 2000) (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 9 August 2000 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 18 November 2001 4. SERVICE DETAILS: a. Date/Period of Enlistment: 19 July 1999 / 4 years b. Age at Enlistment/Education/GT Score: 22 / HS Graduate / 81 c. Highest Grade Achieved/MOS/Total Service: E-4 / 92G10, Food Service Specialist / 6 years, 5 months, 18 days d. Prior Service/Characterizations: RA, 8 November 1994 to 15 July 1997 / HD RA, 16 July 1997 to 18 July 1999 / HD e. Overseas Service/Combat Service: Korea / None f. Awards and Decorations: AAM, AGCM, NDSM, ASR (Note: DD Form 214 does not reflect award of the KDSM or the OSR, though his service record reflects he served in Korea) g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: Seven DA Forms 4187, dated between 28 December 1999 and 31 July 2000, reflect the applicant’s duty status changed as follows: From “Present for Duty (PDY)” to AWOL,” effective 25 December 1999; From “AWOL” to “Hospitalized (HOS),” effective 26 December 1999; From “HOS” to “PDY,” effective 3 January 2000; From “PDY” to “AWOL,” effective 4 January 2000; From “AWOL” to “Dropped From Rolls (DFR),” effective 4 February 2000; From “PDY” to “AWOL,” effective 9 May 2000; and, From “AWOL” to “DFR,” effective 9 June 2000. The applicant provided a copy of a Fayetteville, NC arrest report, dated 9 May 2000, which reflects that he was charged with “Aid & Abet Drive While License Revoked,” the reported noted “Original Statute: 20-28 Charge: Military Deserter.” DD Form 458 (Charge Sheet), dated 9 August 2000, described at the preceding paragraph 3c(2). i. Lost Time / Mode of Return: 210 days (AWOL, 4 January 2000 to 1 August 2000) / Apprehended by civilian authorities. (Note: Based on the service record, the applicant was hospitalized from 26 December 1999 to 3 January 2000,) j. Diagnosed PTSD/TBI/Behavioral Health: The applicant provided an extract of his Active Duty medical records, printed on 12 June 2015, which reflects he was treated for hypertension, headache, and other unspecified counseling (V65.40). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; police report; DD Form 214; divorce decree; and an extract of his active duty treatment records. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200, Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for 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. Although an honorable or general discharge is authorized, a discharge UOTHC 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. The applicant contends that he was having family issues that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant contends that medical issues contributed to his discharge from the Army. However, the service record does not support the applicant’s contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. 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 following additional document(s): College Transcript – 1 page Medical documents – 9 pages Office of Sheriff, Brunswick County, NC memo, dated 10 December 2016 – 1 page Email from S.D., dated 11 October 2016 – 1 page Self-Authored letter, undated b. The applicant presented no additional contentions. c. Witness: Yes - Spouse 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Warner Robins, GA on 15 November 2016, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant’s length of service, prior honorable service, circumstances surrounding his discharge (i.e. capricious action by the command), circumstances surrounding AWOL (i.e. major depression), and post service accomplishments and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. 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: No Change d. Change SPD/RE Code to: 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 AR20160003901 4