1. Applicant’s Name: a. Application Date: 1 April 2016 b. Date Received: 20 April 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. The applicant seeks relief contending, in effect, since his previous request for an upgrade, he has been diagnosed with PTSD. He contends he was suffering from PTSD at the time of the incident, which led to his discharge. Per the Secretary of Defense guidance regarding discharge upgrades and PTSD, he requests an appropriate medical authority review of all documents related to his discharge. He states, PTSD was a significant contributing and mitigating factor in his misconduct. Per the Board's Medical Officer, based on the information available at the time for the review, the applicant had two mitigating behavioral health conditions for the offenses which led to his separation from the Army. The applicant was diagnosed with in-service PTSD and Bipolar Disorder. These diagnoses are conditions that can cause rage attacks and impulsive violence. In a personal appearance hearing conducted at Arlington, VA on 26 September 2016, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of his service, to include his combat service, circumstances surround the discharge (i.e. in-service diagnosis of PTSD and diagnosis of bipolar), his post service, 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. (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: 21 July 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: The applicant voluntarily requested a discharge in lieu of trial by court-martial under AR 635-200, Chapter 10, on 2 June 2005. (2) Basis for Separation: The applicant was charged with: Charge I: UCMJ, Behaving disrespectful toward his superior commissioned officer (9 May 2005). Charge II: Specification I: Unlawfully choke SPC J R, by grabbing his throat and proceeding to drag him to the ground and punch him (9 May 2005). Specification II: Unlawfully kick SGT C W with his foot (9 May 2005). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 4 June 2005 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 10 June 2005 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 22 August 2001 / 4 years b. Age at Enlistment/Education/GT Score: 19 / HS Graduate / 123 c. Highest Grade Achieved/MOS/Total Service: E-4 / 11C10, Indirect Fire Infantryman / 3 years, 11 months d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Iraq (7 April 2003 - 31 March 2004, 31 January 2005 - 23 June 2005) f. Awards and Decorations: AAM, NDSM, ICM, GWOTEM, GWOTSM, ASR, CIB, VUA g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: Developmental Counseling Statement(s), dated 9 May 2005, for assault on another Soldier. FG Article 15, dated 27 May 2005, for discharging an MP5 in the Life Support Area (5 March 2005). The punishment consisted of a reduction to E-2, forfeiture of $692.00 pay per month for two months (suspended), and extra duty for 45 days. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: The applicant provided a letter, dated 12 August 2015, from Dr. N D, wherein she opined that the applicant is currently suffering from TBI and PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and a letter of support. 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 honorable. 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 at the time of his separation from active duty. The applicant contends he has been diagnosed with PTSD post-service. The applicant did provide a letter from his family physician to support his contention. However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. It appears the applicant’s chain of command determined that although he was suffering from PTSD, he knew the difference between what was right and wrong. 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 documents: Supporting document from former squad leader – 2 pages Supporting document from former commander – 2 pages Supporting document from former fellow Soldiers – 4 pages PTSD diagnosis – 2 pages b. The applicant presented no additional contentions. c. Witness(es)/Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 26 September 2016, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of his service, to include his combat service, circumstances surround the discharge (i.e. in-service diagnosis of PTSD and diagnosis of bipolar), his post service, 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. 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: PV2/E2 AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable 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 OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police PTSD - Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 VA - Veterans Affair ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160008510 5