1. Applicant's a. Application Date: 23 October 2014 b. Date Received: 3 August 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 effect, his combat injury lead to his current psychological conditions that had changed his behavior in the military and continues to cause major issues in his life. He has been awarded the Purple Heart for his injuries. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has court-martial convictions for striking and NCO and making threats to shoot members of his unit, including a specific threat to "shoot all these bitches," and to "shoot CPT M" in the face. He was guilty of other specifications as well, including violating a no contact order. He was a combat soldier and during a deployment to Afghanistan from January 2011 to December 2011 he earned a Purple Heart when he was shot in the leg. The applicant's AHLTA diagnoses include Acute Reaction to Stress, Adjustment Disorder, Adjustment Disorder with Anxiety and Depressed Mood, Adjustment Disorder with Disturbance of Emotions, Alcoholism, Chronic Pain, Concussion with No Loss of Consciousness, Headache Syndrome, Insomnia, Insomnia Due to Stress, Legal Problems or arrests, Major Depression (recurrent, severe, without psychotic features, Major Depression (single episode, psychotic features-01 June 2012), Marital Problem, Memory lapses or loss, Mood irritable, Nightmare Disorder, Other Specified Family Circumstances, Parent-child Problem, Partner Relational Problem,. His AHLTA record did not include an actual PTSD diagnosis. He had psychological testing on 14 November 2012, including a MMPI-2, but results were not in available records. In the JLV he showed no SC VA disability percentage. His VA Problem list included homelessness, psychosis (2014), Bipolar Disorder, Cannabis Dependence, and PTSD (2013). The applicant has had hospitalization for PTSD via the VA in 2013 and in 2014 for Bipolar Disorder. Since his discharge, his psychiatric and psychosocial status has continued to deteriorate. Despite his poor mental health, the gravity of his offenses argues against mitigation. During his service PTSD existed as a "rule out" diagnosis, but was not diagnosed. Even if he had been granted in- service PTSD, it would not mitigate the violently menacing threats to a superior and peers or his general threats. It would also not mitigate his ignoring a no-contact order. Psychosis might mitigate some misconduct, but the records contained no evidence that, at the time of his wrongdoing, he did not know the nature of his misconduct or, if he did know it was wrong. Nor is there evidence that he lacked the ability, at the time of his misconduct, to conform his behavior to legal requirements. Despite the existence of a coherent rationale for mitigation, it is likely he was sliding into serious mental illness at the time of his offenses, and it seems, in light of that, that his discharge was perhaps harsh, despite the violent nature of his misconduct, as well as its deliberateness. In a records review conducted at Arlington, VA on 15 December 2017, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service to include combat service, homelessness, combat wounding, severe family matters and circumstances surrounding the discharge (i.e. in-service OBH diagnosis and post-service diagnoses of PTSD and OBH). 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 narrative reason, SPD code and RE code were proper and equitable and voted not to change them. This 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: 21 February 2013 c. Separation Facts: (1) DA Form 4430 (Report of result of Trial): On 27 November 2012, the applicant was tried in a General Court-Martial on 27 November 2012. The applicant was charged with three specifications. The summary of offenses, pleas and findings: Violation of Article 128, Assault SPC J.E.F., who then was and was then known by the accused to be a person then having and in the execution of military police duties, by striking him in the face and chest with a closed hand (8 May 2012); guilty consistent with the plea. Violation of Article 90, disobeying a lawful order (11 May 2012); guilty, consistent with the plea. Violation of Article 134, wrongfully communicate a threat (10 October 2012); guilty, consistent with the plea. Sentence: Reduction to the grade of E1; confinement for 90 days; and a bad-conduct discharge. (2) Legal Consultation Date: 29 October 2012 (3) Basis for Separation: Pursuant to the applicant's post-trial submission of a request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. The applicant through his counsel, requested that the portion of the applicant's sentence directing a bad conduct discharge be commuted to a under other than honorable conditions. (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date/Characterization: 8 February 2013 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 January 2010 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 20 / GED / 94 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 11 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (15 January 2011 - 29 December 2011) f. Awards and Decorations: PH, ACM-CS, ARCOM, NATOMDL, NDSM, GWOTSM, ASR, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of result of Trial as described in previous paragraph 3c. Four Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 16 May 2012; From "AWOL" to "PDY," effective 17 May 2012; From "PDY" to "Confined by Military Authorities (CMA)," effective 27 November 2012; and, From "CMA" to "PDY," effective 25 December 2012. i. Lost Time / Mode of Return: 27 days (CMA, 27 November 2012 - 24 December 2012) j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149, with all allied documents listed in block 9 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. 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 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 and it does not support an upgrade to an honorable or a general. The applicant contends he suffers from psychological issues as of a combat injury, which affected his behavior at the time of his misconduct. However, the service record contains no evidence of a psychological diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. 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 15 December 2017, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service to include combat service, homelessness, combat wounding, severe family matters and circumstances surrounding the discharge (i.e. in-service OBH diagnosis and post-service diagnoses of PTSD and OBH). 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 narrative reason, SPD code and RE code were proper and equitable and voted not to change them. This action entails restoration of grade/rank 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 AR20160013171 1