1. Applicant's Name: a. Application Date: 21 March 2016 b. Date Received: 28 March 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 pertinent part and in effect, towards the end of his military assignment prior to his discharge, numerous events caused the course of actions that led to his discharge. His personality and demeanor changes, were all based on a traumatic event, which he has not been able to discuss to date. The outcome is one that he had never intended to occur. Per the Board's Medical Officer, based on the information available for review at the time, case files, AHLTA and JLV were reviewed. AHLTA notes indicate applicant was diagnosed with Adjustment Disorder while in military. Upon returning from AWOL, he was evaluated by BH because his grandmother was worried he was going to hurt himself. Evaluation noted applicant to be very guarded and resistant to treatment but without suicidal ideation. VA records indicate applicant has diagnosis of Schizophrenia. He reported to VA he first heard voices while in the army. He reported he had been hospitalized at age 15 for an overdose attempt (not likely related to the schizophrenia). Other symptoms of schizophrenia he reported included ideas of reference (feels TV and computer talk to him), thought broadcasting (feels others can hear his thoughts and feels he can read others thoughts). Applicant has been on multiple antipsychotic meds. Applicant's grandmother reports applicant was changed once he left the Army; she also reports he was hospitalized shortly after leaving the Army. Based on the available information, applicant has a mitigating behavioral health condition-Schizophrenia- for the misconduct leading to his discharge from the Army. As Schizophrenia is associated with avoidant behaviors, there is a nexus between his Schizophrenia and the offenses of being AWOL, failing to report to duty and leaving one's appointed place of duty. As Schizophrenia is associated with apathy and indifference, there is a nexus between applicant's schizophrenia and the offense of being derelict in one's duties. In a records review conducted at Arlington, VA on 17 November 2017, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's circumstances surrounding the discharge and AWOL (i.e. in-service symptoms of schizophrenia and post-service diagnosis of schizophrenia), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry code of 3. In view of the error, the Board directed an administrative correction to block 27 to read RE-4, as required by Army Regulations. (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-3 / Under Other Than Honorable Conditions b. Date of Discharge: 24 July 2013 c. Separation Facts: (1) DD Form 458 (Charge Sheet): NIF (2) Legal Consultation Date: NIF (3) Basis for Separation: Pursuant to the applicant's request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date / Characterization: NIF / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 May 2012 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 18 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-2 / 11B10, Infantryman / 1 year, 6 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 10 May 2013, for being AWOL on 16 April 2013, and remained absent until 18 April 2013, failing to go to his appointed place of duty at the prescribed time on 10 April 2013, and leaving his appointed place of duty without authority on 22 April 2013. The punishment consisted of a reduction to E-1, forfeiture of $353, and 14 days of extra duty and restriction. Record of Supplementary Action under Article 15, UCMJ, dated 8 May 2013, vacated the suspended punishment of a forfeiture of $396 imposed on 24 April 2013 (NIF), due to the applicant failing to go to his appointed place of duty at the prescribed time on 3 May 2013, and being derelict in the performance of his duties on 27 April 2013. Six DA Forms 4187, reflecting the following statuses: Present for Duty to AWOL, effective 17 April 2013 AWOL to Present for Duty, effective 18 April 2013 Present for Duty to AWOL, effective 24 April 2013 AWOL to Present for Duty, effective 25 April 2013 Present for Duty to Military Confinement, effective 5 July 2013 Military Confinement to Present for Duty, effective 17 July 2013 Checklist for Pretrial Confinement, dated 5 July 2013, referred to the commander's memorandum for record but it is NIF. i. Lost Time / Mode of Return: 53 days (AWOL: 12 May 2013 to 10 June 2013, for 30 days; 12 June 2013 to 2 July 2013, for 21 days; and 3 July 2013 to 4 July 2013, for two days) / Applicant returned to his unit after each period of AWOL j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 21 March 2016, and grandmother's supporting statements. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. 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. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service 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 a mental health condition, including PTSD; TBI; or sexual assault/harassment 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 characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors 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. Caution shall be exercised 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 available record of service, and the issues and documents submitted with his application were carefully reviewed. The applicant's service record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial, with a characterization of service of under other than honorable conditions. Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The service record further shows that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 3. Soldiers processed for separation under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial, as approved by the separation authority, will be assigned an SPD Code of KFS and an RE Code of 4. The applicant's documentary evidence refers to the applicant being treated by behavioral health, and the applicant indicated that his personality and demeanor changes were based on a traumatic event. However, the service record contains no evidence of behavioral health diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. If the applicant desires a personal appearance hearing, it would be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet and any behavioral health diagnoses/treatments) 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. Based on the available 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 17 November 2017, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's circumstances surrounding the discharge and AWOL (i.e. in- service symptoms of schizophrenia and post-service diagnosis of schizophrenia), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry code of 3. In view of the error, the Board directed an administrative correction to block 27 to read RE-4, as required by Army Regulations. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD/RE Code to: No Change to SPD / Change RE to 4 f. 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 AR20160006781 1