1. Applicant's Name: a. Application Date: 12 July 2016 b. Date Received: 14 July 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 pertinent part and in effect, behavioral health illness should mitigate his court- martial charges. He was hospitalized in Hawaii for an evaluation. He was diagnosed with bipolar disorder by a psychologist. After his discharge, he was diagnosed with paranoid schizophrenia. He believes his actions were the result of his underlying mental illness. His discharge resulted in a lot of shame and disgrace. It is keeping him from living his life. He did not apply any sooner because he was ignorant of the 15-year statute. He requested his military medical records, but was told it would take six months or more to receive them. Per the Board's Medical Officer, based on the information available for review at the time, there is not enough information to determine if the applicant had a mitigating medical or behavioral health condition for the offenses. Although, Mr. X was later diagnosed with Schizophrenia, which can be associated with use of alcohol and substances for self-medication; there are, however, no medical records from his period of service to determine if his condition or prodromal symptoms of his condition were present at the time of the offenses. No AHLTA military medical records were available during his time in service and VA records were not available as SM has not accessed the VA for medical services. Prior to service - The Report of Medical Examination dated 25 October 1999 indicated Mr. X did not have a psychiatric condition at his time of enlistment. On the security clearance application dated 21 October 1999 as part of Mr. X enlistment packet, he answered NO to having consulted with a mental health profession or having consulted with another health care provider about a mental health related condition which contrasts the information provided in a medical letter from Adult Mental Health Services dated 14 December 2016 which indicated that prior to enlistment, Mr. X experienced suicidal ideation and had suicide attempts starting at the age of 10. The medical letter from Adult Mental Health Services indicated Mr. X had a diagnosis of Schizophrenia to include paranoid delusions among other psychotic symptoms. Most notably, Mr. X murdered his mother in 2006 shortly after being discharged against doctor's orders from an inpatient hospital. For the murder, Mr. X was found not criminally responsible by reason of mental disease/defect and has been a ward of the State of Maine. This case has received much attention due to it's impact on state law, most notably, it led to new legislative laws in the State of Maine which now allows disclosure about a mental health patient to a caregiver and requires disclosure if the patient poses a danger to the caregiver, and two other statutes that clarify standards for involuntarily committing a patient for psychiatric treatment. In a records review conducted at Arlington, VA on 25 September 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (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: 19 July 2001 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 30 May 2001, the following charges were preferred, with recommendations to refer to trial by a special court-martial empowered to adjudge a bad conduct discharge: Charge I: Violation of Article 86, UCMJ, for absenting himself from his unit without authority on 8 March 2001, until 4 April 2001. Charge II: Violation of Article 92, UCMJ, for violating a lawful general regulation by wrongfully possessing drug paraphernalia on 28 September 2000. Charge III: Three specifications of violating Article 112a, UCMJ for wrongfully using marijuana on two separate occasions between 28 July 2000 and 28 August 2000; between 8 January 2001 and 8 February 2001; and wrongfully using cocaine between 8 January 2001 and 8 February 2001. (2) Legal Consultation Date: 18 June 2001 (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: 19 June 2001 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 November 1999 / 3 years b. Age at Enlistment / Education / GT Score: 18 / GED / 112 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 1 year, 7 months, 20 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Three DD Forms 2624 (Specimen Custody Document - Drug Testing), dated 7 August 2000, lists that for specimen collected on 31 July 2000, on an IU (Inspection, Unit) basis indicates positive results for cocaine; specimen custody document, dated 7 September 2000, lists that for specimen collected on 28 August 2008, on an IU (Inspection, Unit) basis indicates positive results for THC (marijuana); and specimen custody document, dated 15 February 2001, lists that for specimen collected on 8 February 2001, on an IU (Inspection, Unit) basis indicates positive results for cocaine and THC (marijuana). Negative counseling for having a positive urinalysis for use of cocaine, and being recommended for a FG Article 15. FG Article 15, dated 11 September 2000, for wrongfully using cocaine between 31 June 2000 and 24 July 2000. The punishment consisted of a reduction to E-1, forfeiture of $502 pay per month for two months, and 45 days of extra duty and restriction. CID Report, dated 9 March 2001, indicates the applicant was the subject of an investigation for being AWOL, wrongful use of cocaine and marijuana, and wrongful use, possession, and distribution of a controlled substance and drug. Charge Sheet described at the preceding paragraph 3c(1). i. Lost Time / Mode of Return: 27 days (AWOL: 8 March 2001 to 3 April 2001) / returned to military control j. Diagnosed PTSD / TBI / Behavioral Health: Applicant's evidence, Psychiatric Center letter, dated 14 December 2016, indicates the applicant "suffers from Schizophrenia." 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 12 July 2016; three self-authored statements; and DD Form 214. Additional evidence: two separate letters from a Department of Health and Human Services Psychiatric Center, dated 14 and 19 December 2016; two separate newspaper articles, entitled, "A Death in the Family," dated 16 August 2008, and "If Only They Had Treated Him Before," undated; and self- authored letter, dated 27 February 2017; and health record, dated in July 2000. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. AR 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 10, "In Lieu of Trial by Court-Martial." The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4. 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 available record of service, and 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. The applicant, in consultation with legal counsel voluntarily requested, in writing, a discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense, and he indicated he understood he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran's benefits. 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. Hrecord 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 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 have been retained on Active Duty. The applicant contends that medical issues, such as his mental health issues, contributed to his discharge from the Army. A careful review of the applicant's documentary evidence indicates the applicant's behavioral health issues symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. 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. 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 25 September 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a new DD-214/Issue new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160013259 3