1. Applicant's Name: a. Application Date: 25 April 2016 b. Date Received: 2 May 2016 c. Counsel: 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, that he served his county with honor and served in two different wars. He understand that going AWOL was wrong but he had to take care of his family for he did not want to lose them. He contends he spent 12 months in Iraq and 9 months in Afghanistan as a motor transport operator. His job in Iraq and Afghanistan was very stressful. He was around numerous IED attacks and direct fire. While in Afghanistan he had family problems on top of being in a stressful job. When he returned from Afghanistan his mind was not right and he had to fix the issues with his family. His command gave him a few days off but that was not enough to fix the problems he was having with his family and mentally. He believes he was a perfect Soldier with numerous awards up to the time of discharge. He contends he now has many health issues with the biggest being PTSD and he has no money or way of getting help with his PTSD. He currently has no rights to any VA medical centers because of his current characterization of service. He has been evaluated by one of the best psychiatrists in the country and she has diagnosed him with PTSD as serious and chronic. He went through so much in Iraq and Afghanistan and then coming home to family problems he just could not take it mentally any more. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant had a mitigating medical or behavioral health condition for the offenses which led to his separation from the Army. A review of the military electronic medical records indicated SM was diagnosed with an Anxiety Disorder and Partner Relational Problems while in service. Post-service medical note dated 16 June 2014 indicated SM was diagnosed with PTSD, Chronic, Delayed from a licensed psychologist. Symptoms were attributed to trauma combat experiences, to include the death of a friend and RPG attacks. He was also diagnosed with PTSD from the VA and has a 70% service connection. In summary SMs family problems appear to have been compounded by PTSD symptoms, which can be associated with avoidance behaviors, such as AWOL, there is a nexus between SMs misconduct and his behavioral health symptoms. In a records review conducted at Arlington, VA on 6 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 service, to include combat service and the circumstances surrounding the discharge and AWOL (i.e. severe family matters and in-service and post-service diagnoses of PTSD and behavioral health issues), 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 general under honorable conditions. This Board 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: 20 November 2012 c. Separation Facts: (1) Date Charges Were Preferred: NIF (2) Basis for Separation: Memorandum of Record, dated 1 November 2012, subject "Request for Discharge in Lieu of Trial by Court-Martial, Pursuant to AR 635-200, Chapter 10" shows the applicant was charged with absence without leave from 2 May 2012 to 23 October 2012 (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 26 October 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 1 November 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 October 2009 / 6 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M1P, Motor Transport Operator / 4 years, 4 months, 12 days d. Prior Service / Characterizations: RA, 16 January 2008 to 22 October 2009 / HD e. Overseas Service / Combat Service: SWA / Iraq (1 December 2008 to 17 November 2009) and Afghanistan (27 May 2011 to 1 March 2012) f. Awards and Decorations: ARCOM-2, AAM, AGCM, ACM-2CS-2, GWOTSM, ICM-CS- 2, NATOMDL, ASR, OSR, CAB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: AWOL 174 days (2 May 2012 to 24 October 2012) / apprehended j. Diagnosed PTSD / TBI / Behavioral Health: Medical documents submitted by the applicant show he was diagnosed by a licensed psychologist with an Axis I for 309.81 Post- Traumatic Stress Disorder, chronic, delayed. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; medical evaluation from a licensed psychologist; documents the applicant submitted to the Department of Veterans Affairs; and document received by the applicant from the Department of Veterans Affairs reference his eligibility of Post 9/11 GI Bill benefits. 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. 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 meet 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 significant achievement and valor; however, it did not support the issuance of an honorable or a general discharge by the separation authority at the time of discharge. The applicant seeks relief contending his discharge should be upgrade based on he served his county with honor and in two different wars. He understand that going AWOL was wrong but he had to take care of his family for he did not want to lose them. He contends he spent 12 months in Iraq and 9 months in Afghanistan as a motor transport operator. His job in Iraq and Afghanistan was very stressful. He was around numerous IED attacks and direct fire. While in Afghanistan he had family problems on top of being in a stressful job. When he returned from Afghanistan his mind was not right and he had to fix the issues with his family. He believes he was a perfect Soldier with numerous awards up to the time of discharge. He contends he now has many health issues with the biggest being PTSD and he has no money or way of getting help with his PTSD. The applicant contentions were noted; (i.e., the independent documents submitted by the applicant showing he was diagnosed with an Axis I for PTSD). However, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis at the time of his separation from Active Duty. Although the Veterans Administration has granted him a service connected disability for Post-Traumatic Stress Disorder (PTSD), a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The applicant contends that his discharge should be upgrade based on the fact that he served his county with honor and in two different wars. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant contends that while he was stationed in Afghanistan he had family problems on top of being in a stressful job. When he returned from Afghanistan his mind was not right and he had to fix the issues with his family. While the applicant may believe his stress at home and work was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from HIS stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. The applicant further contends that he now has many health issues with the biggest being PTSD and he has no money or way of getting help with his PTSD. Eligibility for veteran's benefits to include medical and educational benefits under the Post-9/11 or Montgomery GI Bill 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 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 6 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 service, to include combat service and the circumstances surrounding the discharge and AWOL (i.e. severe family matters and in-service and post-service diagnoses of PTSD and behavioral health issues), 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 reason for discharge was proper and equitable and voted not to change it. This Board action entails restoration of grade to E-4/SPC. 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 Authority to: No Change e. Change SPD/RE Code to: No Change f. Restore (Restoration of) Grade to: E-4/SPC 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 AR20160009136 1