1. Applicant's Name: a. Application Date: 26 January 2017 b. Date Received: 21 February 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of under other than honorable conditions discharge to honorable or general (under honorable conditions) and a change to his narrative reason for discharge. The applicant seeks relief contending, in effect, requests an upgrade of discharge for the purpose of having a clear record and to be able to apply for benefits as the applicant is a homeless veteran at this time and is working with an SSVF Grantee for supportive services. The applicant contends the discharge was the result of an injury received in basic training and attempted to get relief from the pain through other medical means outside the military. The applicant was only 17 years old at the time and left the military for a total of 29 days and while in an awful mental, emotional and physical state made a decision that was not the right one. The applicant returned to the base in Georgia and was met with a very harsh welcome. Based on the background, the applicant did not have the ability to process what was happening and what should have been done to fix the choice. The applicant's feelings kept getting worse and one morning woke up feeling despondent. The applicant decided it would be better not to be in this world anymore and proceeded to go to the bathroom and drink a bottle of cleaner, where then the applicant had to be rushed to the hospital and have the stomach pumped. The applicant was then put into a mental ward at the hospital for two months before being discharged. The applicant is now asking for understanding and compassion for that stage in life and the ability to make decisions was not what it is now at the age of 27. The applicant did not go about things the right way but simply did not know what to do or who to turn to for help. The applicant would like an upgrade of discharge in order to move forward in life and career without the discharge status being the biggest black mark on the military journey. The applicant started out wanting to be in the military and being fully committed to following through with everything that was expected of and complete the term of service. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA) notes indicate multiple medical and behavioral health (BH) diagnoses. On 17 November 2006, the SM was psychiatrically hospitalized after making a suicide attempt. The applicant was admitted to The Bradley Center Hospital inpatient psychiatry unit where the SM remained until 20 November 2006 upon transferring to inpatient psychiatry at Martin Army Community Hospital (MACH). The Veteran Affairs (VA) medical records indicate the applicant has had no contact with the VA. Based on the available information, the applicant has a BH diagnosis that partially mitigates the misconduct which led to separation. In a records review conducted at Arlington, VA on 13 August 2018, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's incapacity to serve, homelessness, matters surrounding the AWOL, and circumstances surrounding the discharge (i.e. in-service diagnosis of OBH) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of a change to the characterization of service to uncharacterized. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (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: 14 December 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 December 2006 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 8 December 2006, the applicant was charged with the following offenses: Stealing cell phones, of a value of about $800, the property of R.K., C.C., S.H., C.S., D.M., C.H., J.F., and S.L. on 8 October 2006, Wrongfully using marijuana 11 October 2006; and Being absent without leave from his unit from 8 October 2006 until his return on 7 November 2006. (3) Recommended Characterization: 11 December 2006 (4) Legal Consultation Date: 11 December 2006 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 13 December 2006 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 August 2006 / 3 years, 17 weeks b. Age at Enlistment / Education / GT Score: 17 / GED / 102 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 3 months, 22 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 7 October 2006, which shows the applicant was the subject of investigation for larceny of private property (cell phones) i. Lost Time / Mode of Return: AWOL 31 days (8 October 2006 to 8 November 2006) / mode of return unknown j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Department of Veterans Affairs authorization to disclose personal information to third part form and statement in support of claim; self-authored statement addressed to the Department of Veterans Affairs, dated 26 January 2017; and DD Form 214. 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. Army Regulation 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 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 honorable or general (under honorable conditions) and a change to his narrative reason for discharge. The evidence of record confirms the applicant was charged with the commission of several 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 evidence of record shows the applicant was in entry-level status (ELS) when he returned from a period of AWOL, was accused of stealing cell phones, and wrongfully using marijuana (i.e., he had completed less than 180 days of continuous active duty). The applicant was charged with the offense and while still in an entry-level status voluntarily requested discharge under the provision of Chapter 10, AR 635-200, in lieu of trial by court-martial. In essence the applicant's separation action was initiated while the applicant was in an entry-level status and the command had the option to characterize the service as under other than honorable conditions or to describe it as uncharacterized. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier's service will be uncharacterized when his separation is initiated while the Soldier is in an entry level status. However, the applicant by absenting himself from his unit without proper authority, being accused of stealing cell phones, and wrongfully using marijuana constituted acts of serious misconduct which lead to the separation under review. A general (under honorable conditions) discharge is not authorized under ELS conditions. A fully honorable discharge may be granted only in cases which are clearly warrant by unusual circumstances involving outstanding personal conduct and/or performance of duty. There was no such unusual circumstance present in the applicant's available record. 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 (under honorable conditions) discharge by the separation authority at the time of discharge. The applicant requests a change to the narrative reason for separation and RE code. Army Regulation 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 regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending his discharge was the result of an injury he received in training and his attempt to get relief from the pain through other medical means outside the military. He contends he was only 17 years old at the time; he left the military for a total of 29 days and while he was in an awful mental, emotional and physical state he made a decision that was not the right one. He returned to the base in Georgia and was met with a very harsh welcome. Base on his background he did not have the ability to process what was happening and what he should do to fix his choice. His feelings kept getting worse and he woke up one morning and felt despondent. He decided it would be better not to be in this world anymore. He went to the bathroom and drank a bottle of cleaner and had to be rushed to the hospital to have his stomach pumped. He was then put into a mental ward at the hospital for two months before he was discharged. He is now asking for understanding and compassion for where he was at in his life and his ability to make decisions was not what it is now at the age of 27. He does realize he did not go about things the right way but he simply did not know what to do or who to turn to for help. He would like an upgrade of his discharge so that he can move forward in his life and career without the discharge status being the biggest black mark in his military journey. He started out wanting to be in the military and being fully committed to following through with everything that was expected of him and complete his term of service. The applicant's contentions was noted: however, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service at the time of discharge. Furthermore, 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. Also, the applicant contends that he is currently homeless and needs help. However, eligibility for housing supportive program benefits for Veterans does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Moreover, all veterans at risk for homelessness or attempting to exit homelessness can request immediate assistance by calling the National Call Center for Homeless Veterans hotline at 1-877-424-3838 for free and confidential assistance. 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 13 August 2018, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's incapacity to serve, homelessness, matters surrounding the AWOL, and circumstances surrounding the discharge (i.e. in-service diagnosis of OBH) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of a change to the characterization of service to uncharacterized. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Uncharacterized c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code 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 AR20170003164 1