1. Applicant's Name: a. Application Date: 2 February 2016 b. Date Received: 8 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 honorable or general (under honorable conditions). The applicant seeks relief contending, in effect, his discharge was inequitable based on his 12 years of service, allegiance, and his PTSD. The applicant contends that his psychiatric problems caused him to engage in misconduct, which led to his discharge, and the military did not have knowledge at the time that he was suffering from an underlying mental illness. The applicant states that he served for three tours and was deployed a portion of each year for five consecutive years between 2004 and 2009. The applicant states that his life spiraled out of control and he was left with a severely disabling mental illness, which has made him unable to function accordingly. He is now receiving the treatment necessary to progress and one day hopes to be cured of his mental illness. As of 1 June 2014, the applicant was diagnosed with PTSD and assigned a 70 percent service-connected disability. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a mitigating behavioral health condition for some previous (older) offenses but not the ones directly leading to his confinement and eventual separation In Lieu of Court-Martial from the Army. The electronic medical records (AHLTA) were reviewed with clinical encounters from May 2006 thru April 2014. Clinical notes reviewed from April 2010 thru March 2014. Laboratory results reviewed from May 2004 thru April 2014. Radiology reports reviewed from March 2007 thru April 2014. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records note 68 problems (seven VA-entered) including major depressive disorder, PTSD, anxiety state, low back pain, and left knee pain. The Veterans Affairs has service-connected the applicant at 70 percent overall. The applicant met medical retention standards for major depression recurrent mild IAW (in accordance with) Chapter 3, Army Regulation (AR) 40-501, and following the provisions set forth in AR 635-40 that were applicable to the applicant's era of service. The applicant's medical conditions were duly considered during medical separation processing. In a records review conducted at Arlington, VA on 7 April 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, severe family matters, circumstances surrounding his discharge (i.e. post service VA PTSD diagnosis service- connected, 70 percent VA disability, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of a partial upgrade to the characterization of service to general (under honorable conditions). The Board determined the reason for discharge was proper and equitable and voted not to change it. This Board action entails restoration to grade/rank to E- 5/SGT. (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: 20 May 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated 24 April 2014, reflects the applicant was charged with violation of the UCMJ, Articles 86, 89, 117, and 134. (2) Basis for Separation: The applicant was informed of the following reasons: Charge I: Violation of the UCMJ, Article 86, AWOL Charge II: Violation of the UCMJ, Article 89, Disrespect towards a superior commissioned officer Charge III: Violation of the UCMJ, Article 117, Provoking speeches Charge IV: Violation of the UCMJ, Article 134, Threat, communicating (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: NIF (6) Separation Decision Date / Characterization: 7 May 2014 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 January 2013 / 3 years b. Age at Enlistment / Education / GT Score: 31 / HS Graduate / 123 c. Highest Grade Achieved / MOS / Total Service: E-5 / 25Q10, Multichannel Transmission Systems Operator-Maintainer / 10 years, 6 months, 21 days d. Prior Service / Characterizations: RA, 30 October 2003 to 3 October 2007 / HD RA, 4 October 2007 to 7 January 2013 / HD e. Overseas Service / Combat Service: SWA / Iraq (12 June 2004 to 30 June 2005 and 10 May 2008 to 9 February 2009) and Afghanistan (31 May 2006 to 17 January 2007) f. Awards and Decorations: AAM, AGCM-2, ACM-2CS, ICM-2CS, NDSM, ICM-ARWHD, GWOTSM, NCOPDR, ASR, OSR-3, NATOMDL g. Performance Ratings: 25 June 2012 thru 31 March 2013, Fully Capable 1 April 2013 thru 18 October 2013, Marginal h. Disciplinary Action(s) / Evidentiary Record: Two Personnel Action Forms, dated 24 April 2014 and 8 May 2014, reflect the applicant's duty status changed from "Present for Duty" to "Confinement," effective 24 April 2014, and from "Confinement" to "Present for Duty," effective 8 May 2014. i. Lost Time / Mode of Return: 23 days 8 days (AWOL, 17 to 24 April 2014) / mode of return unknown 15 days (Confinement, 24 April to 8 May 2014) (Note: Evidence in the record reflects these periods of lost time; however, they are not reflected on the DD Form 214.) j. Diagnosed PTSD / TBI / Behavioral Health: VA Entitlements letter, dated 21 July 2015, reflects the applicant was assigned a 70 percent disability rating for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; Secretary of Defense Guidance; two VA Entitlements letter; and a Medication Reconciliation List Summary. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. 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. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 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 or general (under honorable conditions). The applicant's record of service, the documents and the issues submitted with the application were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of and 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 several acts of achievement however, it appears they did not support the issuance of an honorable or a general discharge by the separation authority at the time of discharge. The applicant contends his discharge was the result of his undiagnosed/untreated PTSD. However, the service record contains no evidence of a PTSD diagnosis to support the contention that the discharge was the result of any medical condition. Furthermore, the fact that the Veterans Affairs has assigned a 70 percent disability rating for PTSD, does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service 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 7 April 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, severe family matters, circumstances surrounding his discharge (i.e. post service VA PTSD diagnosis service-connected, 70 percent VA disability, and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of a partial upgrade to the characterization of service to general (under honorable conditions). The Board determined the reason for discharge was proper and equitable and voted not to change it. This Board action entails restoration to grade/rank to E-5/SGT. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions c. Change Reason to: No Change d. Change SPD / RE Code to: No Change e. Restore (Restoration of) Grade to: E-5/SGT 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 AR20160004639 5