1. Applicant's Name: a. Application Date: 14 November 2016 b. Date Received: 12 December 2016 c. Counsel: 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 effect, he believes that his diagnosis of Bi-Polar disorder in after his discharge, began to manifest while on active duty. This contributed to the disciplinary problems that led to his less than honorable discharge in October of 2001. Additionally, he is now diagnosed with a Bi-Polar condition that may have gone undiagnosed while he was in grade school. He believes that he may have had this condition as a child and more likely than not, fully surfaced while on active duty, but was seen as a disciplinary problem rather than untreated Bi-Polar Disorder. Due to his Bi-Polar condition, he left his duty station without official leave. He states this was not the proper way to address the personal situations facing him at the time and he believes that he should have received a mental health evaluation, after he made it known that he was dealing with stress. He is presently trying to locate medical records and verify that he did seek attention for his stress related problems, while stationed at Fort Gordon. Per the Board's Medical Officer, based on the information available for review at the time, there is insufficient evidence for mental health considerations to justify an upgrade or change in narrative reason for applicant's discharge. The JLV showed no service-connected disability percentages; however, this applicant had a VA awards letter, dated 21 November 2016, under one of his names that allotted 80 percent. He had another document that showed him as having an onset of disability on 15 September 2004, and an entitlement date for benefits from March 2005. In a records review conducted at Arlington, VA on 14 July 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's severe family matters and circumstances surrounding his AWOL and discharge (i.e. post service bi- polar diagnosis and personality disorder, symptoms existed while in service) 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). 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: 1 November 2002 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 22 October 2002, the applicant was charged with violating Article 86, UCMJ, for being AWOL from 31 July to 6 August 2002 and from 7 August to 15 October 2002. (2) Legal Consultation Date: 22 October 2002 (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: 25 October 2002 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 October 2001 / 4 years b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 10 months, 14 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c(1). Four Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 31 July 2002; From "AWOL" to "PDY," effective 6 August 2002; From "PDY" to "Absent Without Leave "AWOL," effective 7 August 2002; and, From "AWOL" to "Dropped From Rolls (DFR)," effective 8 August 2002. i. Lost Time / Mode of Return: 75 days (AWOL, 31 July - 5 August 2002, 7 August - 14 October 2002) / Surrendered to military authorities. j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a psychiatric evaluation, dated 26 May 2004, reflects the applicant was diagnosed with a Bipolar Disorder, NOS; Probable Attention Deficit Disorder, residual type; and, a History of substance abuse. 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 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 general (under honorable conditions). 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. The applicant contends that he was suffering from an undiagnosed Bipolar Disorder, which affected his behavior and ultimately led to his discharge. 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. The applicant's service record is void of a mental status evaluation. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong. The applicant contends he had asked for help coping with stress at the time of his discharge, but he never received any help. 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 applicant submitted a letter during the separation process, explaining that he went AWOL due to the stress that he was suffering; however, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. 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 14 July 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's severe family matters and circumstances surrounding his AWOL and discharge (i.e. post service bi-polar diagnosis and personality disorder, symptoms existed while in service) 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). The Board determined the reason for discharge was proper and equitable and voted not to change it. 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: 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 AR20160009447 5