1. Applicant's Name: a. Application Date: 17 January 2017 b. Date Received: 9 February 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable and a change to the narrative reason for separation. The applicant seeks relief through counsel contending, in effect, was subsequently diagnosed with PTSD. The applicant attempted suicide by taking a prescribed medication Klonopin and excessive alcohol consumption. The Army failed to properly diagnose PTSD. The Army should have referred the applicant for disability evaluation processing. The Army Discharge Review Board reviewed applicant's cases AR20130011971 and AR20110013824. However, neither case was considered under current Department of Defense Policy guidance regarding PTSD upgrade requests. 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), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Alcohol Dependence, Adjustment Disorder, Narcissistic Personality Traits, Polysubstance Dependence, and Occupational Problems. The applicant is 100% service-connected from the VA for PTSD. The VA has also diagnosed Depressive Disorder, PTSD, Alcohol Dependence, Cannabis Abuse, TBI, Adjustment Disorder with Depressed Mood, Cognitive Disorder, Dysarthria, and Ataxia. In summary, the applicant had a BH diagnosis that is partially mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 4 September 2019, and by a 3-2 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, a prior period of honorable service, and the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD and TBI). 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. (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: 8 April 2010 c. Separation Facts: Yes (1) Date Charges Were Preferred: 10 March 2010 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which shows on 10 March 2010, the applicant was charged with feigning mental derangement for the purpose of avoiding service as an enlisted person (10 March 2010), and communicating to Dr. F.J.G., that if he was forced to board an aircraft and deploy, he would kill his chain of command (10 March 2010). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 10 March 2010, the applicant requested discharge in lieu of trial by court-martial. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 18 March 2010 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 January 2009 / 2 years b. Age at Enlistment / Education / GT Score: 21 years / HS Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 8 months, 8 days d. Prior Service / Characterizations: RA, 1 August 2006 to 20 January 2009 / HD e. Overseas Service / Combat Service: SWA / Iraq, 3 December 2007 to 15 February 2009 f. Awards and Decorations: ARCOM, AGCM, NDSM, ICM-CS, ASR, OSR, VUA, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: VA Rating Decision, dated 9 February 2017, revealed an evaluation of PTSD with major depressive disorder with opioid, cannabis, and methamphetamine use disorders in remission (previously rated as PTSD), which was 70 percent disabling, was increased to 100 percent, effective 26 October 2016. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); Memoranda For Secretaries of the Military Departments, Consideration of Discharge Upgrade Requests Pursuant to Supplemental Guidance to Military Boards for Correction of Military/Naval Records (BCMRs/BCNR) by Veterans Claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) and Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, respectively; two Case Reports and Directives, AR20130011971 and AR20110013824; attorney's brief / request for consideration pursuant to DoD Policy (14 pages); Enclosure 1, blank page; Enclosure 2, chronological record of medical care; Enclosures 3 -5, Parkview Medical Center document (14 pages); Enclosures 6-10, Chapter 10 documents (eight pages); Enclosures 7 and 14, email traffic; Enclosure 11, two letters, civilian attorney and email traffic; Enclosure 12, Psychiatric diagnostic evaluation (five pages); Enclosure 13, UT Southwestern Medical Center document (four pages); Enclosure 15, Green Oaks Hospital / Behavioral Health Services documents (nine pages); Enclosure 16, The State of Texas, Probate Court number 3 (six pages); Enclosure 17, Terrell State Hospital, psychiatric evaluation (nine pages); Enclosure 18, information newsletter on PTSD (four pages); Enclosure 19, National Center for PTSD, Research Quarterly (eight pages); Enclosure 20, NIDA Community Drug Alert Bulletin-Stress & Substance Abuse (six pages); Enclosure 21, InterScience Newsletter, Aggression Among Combat Veterans; (ten pages); Enclosure 22, Intimate Partner and General Aggression Perpetration Among Combat Veterans Presenting to a Posttraumatic Stress Disorder Clinic (seven pages); Enclosure 23, plea-bargains and mental health benefits (21 pages); Enclosure 24, National Center for PTSD, The Relationship Between PTSD and Suicide (seven pages); Enclosure 25, VCSA Sends (three pages); Enclosure 26, Coming home, The Army's fatal neglect (three pages); and Enclosure 27, ARCOM Citation and recommendation, and an attorney's letter. Additional documents, attorney's brief / request for consideration pursuant to DoD Policy and VA Rating Decision (six pages). 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 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 the characterization of service from under other than honorable conditions to honorable and a change to the narrative reason for separation. 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. 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 veterans' 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. His record documents several acts of significant achievement and valor to include a combat tour; however, it did not support the issuance of an honorable or a general discharge by the separation authority at the time of separation. The applicant requests a change to the narrative reason for separation. 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 regulation further stipulates that no deviation is authorized. The applicant seeks relief through counsel contending, he was subsequently diagnosed with PTSD. The applicant submitted a VA rating decision which revealed he was granted an evaluation of 100 percent disabling for PTSD with major depressive disorder with opioid, cannabis, and methamphetamine use disorders in remission. The applicant further contends, he attempted suicide by taking a prescribed medication Klonopin and excessive alcohol consumption. The record of evidence shows that the applicant was transferred from Baylor to Green Oaks for an overdose on approximately 20mg of Klonopin. The applicant also contends, the Army failed to properly diagnose him with PTSD. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that the Army failed to properly diagnose him with PTSD while on active duty. The applicant additionally contends, the Army should have referred him for disability evaluation processing. Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. 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 4 September 2019, and by a 3-2 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, a prior period of honorable service, and the circumstances surrounding the discharge (i.e. post- service diagnosis of PTSD and TBI). 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. 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 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 AR20170003552 1