1. Applicant's Name: a. Application Date: 22 March 2016 b. Date Received: 5 May 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, the serious offense, which ultimately led to the characterization of his discharge, was a reckless endangerment charge in April 2014. The pending reckless endangerment charge against him was eventually dismissed by a court of law. In fact, that reckless endangerment charge was actually dismissed before his separation on 13 November 2014. When he provided legal documentation to verify to his superior officers that the charge against him was dismissed, he was told that "it was already too late" to stop the chapter process. Additionally, he was told that if he wanted to get back into the military, he would have to request that option through the Department of Veterans Affairs. Due to the characterization of his discharge from the Army, he has been unable to receive any type of VA medical care and/or consultation for his medical issues, conditions or concerns. Some of the conditions, he had been treated for throughout his military career and leading up to his discharge. He specifically requests that the Board consider his request to help make his dream come true, which is to rejoin the military ranks; as a young leader, and mentor for current and future Soldiers. Granting an upgrade, will also allow him to once again receive the medical treatment and consultation for his current issues and continued care as needed. 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 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 notes 24 (all DoD) problems with no VA medical documents. The Veterans Affairs has not service-connected the applicant. In a records review conducted at Arlington, VA on 26 June 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include his combat service, and the circumstances surrounding his discharge (i.e. severe family matters and in-service diagnosis of OBH), and matters surrounding his AWOL mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to general (under honorable conditions) and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 13 November 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 August 2014 (2) Basis for Separation: The applicant was informed of the following reasons: He was absent without leave from on or about 28 February 2014 to 30 April 2014; and, He was arrested for Public Intoxication and Reckless Endangerment on or about 2 April 2014. Note: The separation packet was void of any acknowledgment from the applicant which reflected he received the notification. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF / The service record was void of the applicant's election of rights, however, the separation authority's decision memorandum, reflects that the applicant submitted an unconditional waiver, dated 28 October 2014. (6) Separation Decision Date / Characterization: 31 October 2014 / Under Other Than Honorable Conditions / Note: The decision memorandum reflects that the separation authority approved the applicant's unconditional waiver. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 April 2013 / 4 years, 29 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-5 / 25Q10, Multichannel Transmission Systems Operator Maintainer / 5 years, 1 month, 26 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (21 August 2010 - 15 August 2011) f. Awards and Decorations: ARCOM-2, AAM-2, AGCM, NDSM, GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: 1 March 2013 - 26 December 2013, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Five Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 28 February 2014; From "AWOL," to "Dropped From Rolls (DFR)," effective 31 March 2014; From "DFR," to "Return to Duty," effective 30 April 2014; From "DFR," to "Confinement," effective 30 April 2014; and, From "Confinement" to "PDY," effective 8 May 2014. An unexecuted Charge Sheet, dated 31 March 2014, reflects the applicant was charged with violation of the UCMJ, Article 85, for without authority absent himself from his unit in desertion (31 Mach 2014) violation of the UCMJ, Article 86, for without authority absent himself from his unit (28 July 2014). i. Lost Time / Mode of Return: 68 days (AWOL, 28 February - 7 May 2014) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 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 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 record confirms that the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should be retained on active duty. The applicant contends that the charge against him was dismissed before he left the Army, but his chain of command informed him it was too late to stop the process. However, 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. Further, the basis for the applicant's separation was for more than one act of misconduct, which the applicant has not provided any evidence to rebut the presumption of government regularity. The applicant contends that he had good service which included a combat tour. 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 is to be commended for his accomplishments. The applicant contends that he was suffering from many medical conditions, to include severe Anxiety and Insomnia, at the time of his discharge and an upgrade of his discharge would allow medical benefits through the VA. However, eligibility for veteran's benefits to include medical benefits do 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 desires to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. An RE code of 3 cannot be waived. The third party statements provided with the application speak highly of the applicant's performance. They all recognize his good strong work ethic while serving in and after his discharge from the Army. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 26 June 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the overall length and quality of the applicant's service, to include his combat service, and the circumstances surrounding his discharge (i.e. severe family matters and in-service diagnosis of OBH), and matters surrounding his AWOL mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to general (under honorable conditions) and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / No change to RE code 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 AR20160009355 1