1. Applicant's Name: a. Application Date: 1 August 2016 b. Date Received: 5 August 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general discharge to an under other than honorable conditions discharge. The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant seeks relief contending, in effect, that he has spent time going to the VA and they have diagnosed him with sever PTSD. He contends he is sorry for going AWOL and still deals with the nightmares and keeps coming to prison as a result of his actions. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a medical or behavioral health condition that was mitigating for the offenses leading to an early separation. SMs active duty electronic medical records indicated he deployed to Iraq for 6.5 months. Medical note dated 1 December 2005 indicated SM reported anxiety about missions he experienced while deployed and insomnia and nightmares about a child being killed in Iraq. VA medical records indicated SM has diagnoses of PTSD and Major Depressive Disorder. He does not have a percentage rating, due to his discharge characterization. VA medical record dated 5 April 2013 indicated SM reported having to shoot a child while deployed and had constant nightmares about middle easterners, slept 2-3 hours per night, and could not handle crowds. He reported having multiple arrests after returning from Iraq and spent 5 years in prison. In summary, SMs behavioral health symptoms, particularly PTSD and Depression, can be associated with avoidance behaviors such as going AWOL. In a records review conducted at Arlington, VA on 13 October 2017, and by a 5-0 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, a prior period of honorable service, and the circumstances surrounding the discharge and AWOL (i.e. post-service VA diagnosis of PTSD and depression), 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 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-2/PV2. (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: 7 February 2007 c. Separation Facts: (1) Date Charges Were Preferred: 11 January 2007 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicate on 11 January 2007, the applicant was charged with being AWOL from 23 January 2006 until his return on 4 January 2007. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 11 January 2007, the applicant voluntarily requested discharge in lieu of trial by courts-martial under AR 635-200, Chapter 10. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 19 January 2007 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: OAD, 25 March 2005 / 545 days b. Age at Enlistment / Education / GT Score: 26 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 9 months, 1 day d. Prior Service / Characterizations: USMC, 6 June 1998 to 8 February 2001 / HD (Break-in-Service) ARNG, 29 November 2004 to 24 March 2005 / NA (Concurrent Service) e. Overseas Service / Combat Service: SWA / Iraq (25 March - 1 November 2005) f. Awards and Decorations: NDSM, ICM, ASR, AFRM-M Device g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: DD Forms 458 (Charge Sheet), dated 11 January 2007; see paragraph 3c(2) above. i. Lost Time / Mode of Return: AWOL for 346 days (23 January 2006 to 3 January 2007) / the applicant was apprehended by civilian authorities. The DD Form 214 under review also indicated 27 days of excess leave (12 January 2007 to 7 February 2007). j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 in lieu of DD Form 293. 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 general discharge to an under other than honorable conditions discharge. The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. 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 at the time of discharge. The applicant seeks relief contending that he has spent time going to the VA and they have diagnosed him with severe PTSD. He contends he is sorry for going AWOL and still deals with the nightmares and keeps coming to prison as a result of his actions. The applicant's contentions were noted; however, the service record contains no evidence of Post-Traumatic Stress Disorder 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 13 October 2017, and by a 5-0 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, a prior period of honorable service, and the circumstances surrounding the discharge and AWOL (i.e. post- service, VA diagnosis of PTSD and depression), 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 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-2/PV2. 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-2 / PV2 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 AR20160014046 1