1. Applicant's Name: a. Application Date: 16 October 2016 b. Date Received: 25 October 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, during her deployment to Iraq in 2003, she injured her right shoulder, which caused her to be medically evacuated back to the United States. Upon her return, due to the loss of paperwork and the lack of a chain of command, she was wrongfully accused of going AWOL from Iraq and deserting her unit. She states, her discharge was inequitable because there was no way that she could have caught a military flight home without being on the flight manifest. Instead of the military looking into the matter, they swiftly opted to prosecute her. She was arrested and transported in shackles, to Fort Knox, where she awaited court-martial. She provided a JAG officer all the sequential paperwork pertaining to her departure from Iraq. She states, a court-martial could not be carried out or justified so they proceeded to discharge her because her service was complete. They took away her rank, her primary MOS and all her accomplishments she had during her time in service. Per the Board's Medical Officer, based on the information available for review at the time, case files, AHLTA and JLV reviewed. Neither AHLTA nor JLV contain any Behavioral Health (BH) documentation. Applicant reports, during Personal Appearance Board, that she has been diagnosed by a civilian BH provider with PTSD related to military service and Social Anxiety Disorder. Applicant reports that she incurred a serious shoulder injury while deployed to Iraq. She states she was forcibly pulled out of her vehicle, through the vehicle window, by an enemy combatant. In the process of being pulled out of the vehicle, her shoulder was severely damaged. Applicant reports that she feared for her life when this trauma occurred. She reports she was medically evacuated after this event for soldier surgery. Based on the available documentation and testimony and, in accordance with the 2014 Liberal Guidance memorandum, it is the opinion of the Agency psychiatrist that the applicant has a mitigating BH disorder -PTSD. As PTSD is associated with avoidant behavior, there is a nexus between the applicant's PTSD and the misconduct (AWOL) which resulted in her discharge from the Army. In a travel panel hearing conducted at Scott AFB, IL on 27 February 2018, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, a prior period of honorable service, and the circumstances surrounding the discharge and AWOL (i.e. post-service diagnosis of PTSD due to a combat injury). Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, Chapter 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF. The board found the RE code 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: 9 March 2005 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 14 February 2005, the applicant was charged with violating Article 86, UCMJ, for being AWOL from 19 April 2004 to 4 February 2005. (2) Legal Consultation Date: 14 February 2005 (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: 1 March 2005 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 February 2003 / NIF (USAR) b. Age at Enlistment / Education / GT Score: 23 / GED / 96 c. Highest Grade Achieved / MOS / Total Service: E-5 / 88M10, Motor Transport Operator / 5 years, 11 months, 10 days d. Prior Service / Characterizations: USAR, 9 June 1998 - 24 September 1998 / NA IADT, 25 September 1998 - 12 February 1999 / HD (Concurrent Service) USAR, 13 February 1999 - 9 February 2003 / NA e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None during the period under review. h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 19 April 2004; From "AWOL" to "Dropped From Rolls (DFR)," effective 19 May 2004; and, From "DFR" to "PDY," effective 4 February 2005. i. Lost Time / Mode of Return: 290 days (AWOL, 19 April 2004 - 3 February 2005) / Apprehended by Civil Authorities j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and a self-authored statement. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her under other than honorable conditions discharge to honorable conditions. The applicant's record of service, the issues and documents submitted with her 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. Her 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 contends that she was wrongfully accused of going AWOL from Iraq and deserting her unit. She contends a court-martial could not be carried out or justified so they proceeded to discharge her because her service was complete. 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. Further, the evidence of record reflects on 14 February 2005, the applicant requested a discharge in lieu of trial by court-martial. The character of the applicant's discharge is commensurate with her 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None were listed on the hearing data sheet. b. The applicant presented the following additional contention(s): None were listed on the hearing data sheet. c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a travel panel hearing conducted at Scott AFB, IL on 27 February 2018, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, a prior period of honorable service, and the circumstances surrounding the discharge and AWOL (i.e. post-service diagnosis of PTSD due to a combat injury). Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, Chapter 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF. The board found the RE code proper and equitable and voted not to change it. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, Chapter 5-3 e. Change SPD/RE Code to: Change SPD to JFF/ 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 AR20160017622 3