1. Applicant's Name: a. Application Date: 9 February 2016 b. Date Received: 19 February 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his bad conduct discharge to honorable. The applicant seeks relief contending, in effect, he is not receiving proper medical treatment for PTSD. Since his discharge, he has not been able to adjust to the civilian world because of his discharge. He served honorably from September 1999 until November 2001 and then after he reenlisted for four more years, he was deployed to Iraq. When he redeployed, he began to display conduct that he cannot explain and that was uncharacteristic of his personality. He was discharged from the Army in 2005, and still suffers from stress, worry, nightmares and loss of sleep, because of his deployment. He is having a difficult time adjusting and living a regular productive life. He has lost his wife and kids, because he could not go to the local VA to receive medical treatment. He has been homeless and has had suicidal thoughts due to his lack of treatment. He believes he deserves the proper treatment as a person and as a human being. Additionally, since his discharge, he cannot obtain a significant, steady job because every hiring authority that looks at his DD Form 214, ultimately does not offer him a position. The Army has put more time, focus, and research on PTSD and other mental disorders, since his discharge. He believes he was left behind and desires the upgrade in order to start a new life and receive the proper treatment that he rightfully deserves. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records with applicant not currently known to the VA. The Veterans Affairs has not service-connected the applicant. In a records review conducted at Arlington, VA on 21 June 2017, and by a 5-0 vote, the Board determined that clemency is warranted based on the applicant's contentions (i.e. severe family stressors, OBH claims, and homelessness). Accordingly, the Board voted to grant partial relief by upgrading the applicant's characterization of service to under other than honorable conditions. A change in the reason for discharge is not authorized under Federal statute. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Court-Martial, Other / AR 635-200, Chapter 3 / JJD / RE-4 / Bad Conduct b. Date of Discharge: 28 October 2005 c. Separation Facts: (1) Pursuant to Special Court-Martial Empowered to Adjudge a Bad-Conduct Discharge: As announced by Special Court-Martial Order Number 3, dated 18 January 2005, for violations of the UCMJ; the pleas, and findings were as follows: Charge I, Article 86, 11 specifications: failed to report to his appointed place of duty at the time prescribed (25 July, 6 August, 30 September, 7 November 2003, 25 and 30 March and 2 April 2004). The specifications were dismissed on motion of Trial Counsel; AWOL, from 26 to 27 November 2003. The specification was dismissed on motion of Trial Counsel; AWOL, from 1 December 2003 until 16 March 2004 and from 13 April 2004 until 30 June 2004; Guilty, consistent with the plea on both specifications; and, AWOL, from 23 to 24 March 2004. The specification was dismissed on motion of Trial Counsel. Charge II, Article 90, three specifications: disobeyed a command from superior commissioned officer (20 March 2004). The specification was dismissed on motion of Trial Counsel. disobeyed a command from a superior commissioned officer (20 and 30 March 2004); Guilty, consistent with the plea on both specifications. Charge III, Article 92, two specifications: failed to obey a lawful order (12 November 2003). The specification was dismissed on motion of Trial Counsel. failed to obey a lawful order (1 December 2003); Guilty, consistent with the plea. Charge IV, Article 112a, five specifications: wrongfully used Methylenedioxy- Methamphetamine, between 15 and 22 March 2004; Guilty, consistent with the plea; Methamphetamine, between 15 and 22 March 2004; Guilty, consistent with the plea; Marijuana, between 22 February and 22 March 2004; Guilty, consistent with the plea; Methylenedioxy-Methamphetamine, between 5 and 12 November 2003; Guilty, consistent with the plea; Marijuana, between 12 October and 12 November 2003; Guilty, consistent with the plea. (2) Adjudged Sentence: To be discharged from the service with a bad conduct discharge, to be confined for 8 months and to be reduced to the grade of E-1. (3) Date/Sentence Approved: 18 January 2005 / To be discharged from the service with a bad conduct discharge, to be confined for 8 months and to be reduced to the grade of E-1. (4) Appellate Reviews: The record of trial was forwarded to The Judge Advocate General of The Army for review by the Court of Military Review. The U.S. Army Court of Criminal Appeals reviewed the case and on 31 March 2005, the sentence was affirmed. (5) Date Sentence of BCD Ordered Executed: 5 August 2005 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 November 2001 / 6 years b. Age at Enlistment / Education / GT Score: 22 / GED / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / 74D10, Chemical Operations Specialist / 4 years, 11 months, 19 days d. Prior Service / Characterizations: RA, 29 September 1999 - 27 November 2001 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Special Court-Martial as described in previous paragraph 3c. CG Article 15, dated 30 January 2003, for altering his rank on an official document (between 26 November 2002 and 3 January 2003). The punishment consisted of a reduction to E-1 (suspended); forfeiture of $301 pay (suspended); and, extra duty and restriction for 14 days. i. Lost Time / Mode of Return: 401 days (AWOL, 26 November 2003; 1 December 2003 - 15 March 2004; 23 March 2004; 13 April - 29 June 2004); (Confined by Civil Authorities, 6 October - 27 November 2004); and, (Confined by Military Authorities, 28 November 2004 - 12 May 2005) / Surrendered to Military Authorities j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; court-marital documents; and, service record documents. 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 3, Section IV establishes policy and procedures for separating members with a dishonorable or bad conduct discharge; and provides that a Soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial; and that the appellate review must be completed and the affirmed sentence ordered duly executed. Because relevant and material facts stated in a court-martial specification are presumed by the ADRB to be established facts, issues relating to the applicant's innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a special court-martial, the action of the ADRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed. 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 bad conduct discharge to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The service record indicates the applicant was adjudged guilty by a court-martial and the sentence was approved by the convening authority. Court-martial convictions stand as adjudged or modified by appeal through the judicial process. The Board is empowered to change the discharge only if clemency is determined to be appropriate. Clemency is an act of mercy, or instance of leniency, to moderate the severity of the punishment imposed. The applicant contends he was suffering from PTSD stemming from his combat deployment, which affected his behavior. He desires the upgrade to receive treatment for his PTSD. However, the service record contains no evidence of PTSD 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's service record does not reflect any evidence he deployed to a combat area. Further, eligibility for veteran's benefits to include medical treatment 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 applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant contends that he is currently homeless and needs help. However, eligibility for housing supportive program benefits for Veterans 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. Moreover, all veterans at risk for homelessness or attempting to exit homelessness can request immediate assistance by calling the National Call Center for Homeless Veterans hotline at 1-877-424-3838 for free and confidential 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 21 June 2017, and by a 5-0 vote, the Board determined that clemency is warranted based on the applicant's contentions (i.e. severe family stressors, OBH claims, and homelessness). Accordingly, the Board voted to grant partial relief by upgrading the applicant's characterization of service to under other than honorable conditions. A change in the reason for discharge is not authorized under Federal statute. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Under Other Than Honorable Conditions c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD/RE Code to: No Change f. Restore 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 AR20160004624 1