1. Applicant's Name: a. Application Date: 22 December 2016 b. Date Received: 28 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 general (under honorable conditions) or honorable. The applicant through counsel seeks relief contending, in effect, his discharge from the Army was a direct result of his struggle with depression. He had never been depressed; and after becoming seriously depressed in August 1996, he attempted suicide by slitting his artery at the elbow. He had an excellent record in the Army and never received an Article 15. He was released from the hospital and fear of hurting himself or others he failed to return to his unit and instead went AWOL. He remains ineligible for VA health care and other benefits he is likely eligible for service connected benefits. Despite his struggles with depression and the painful encumbrance of his under other than honorable discharge, he turned his life around. A prior records review conducted at Arlington, VA on 29 April 2011. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had no records in AHLTA JLV revealed no VA SC disability percentage. He does have VA Problem List diagnoses of Cocaine Dependence in Remission, unspecified Nicotine Dependence, Unspecified Alcohol Use, Obsessive Compulsive Disorder, Major Depressive Disorder (recurrent, moderate), Housing Problem, and Obesity. He showed a VA hospitalization for Depression in October 2014. PTSD is also shown in his Outpatient encounters as among the reasons for his visits. During his active duty service the applicant became depressed and attempted suicide by slicing into an artery a t his elbow. After his discharge, he was sent back to his unit against his wishes and, according to the applicant and his lawyer, worried that he was a danger to self or others, and consequently went AWOL to protect himself and others. Available records showed his discharge summary for his hospitalization from 28 July to 26 August 1996. His discharge diagnoses were Adjustment Disorder with Depressed Mood, Pathological Gambling, and Personality Disorder, NOS manifested by pervasive pattern of deceitful behavior with a disregard for consequences beginning in childhood, difficulty in relationships, unstable occupational history. He was recommended for an administrative separation for unsuitability for further military service in virtue, it seems, of the personality disorder. I could find no mitigating condition for his prolonged AWOL. In a personal appearance hearing conducted by phone call at Arlington, VA on 29 January 2018, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service, board judgement, post-service accomplishments, and in-service diagnosis of behavioral health issues. 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: 27 February 2002 c. Separation Facts: No (1) Date Charges Were Preferred: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 January 1996 / 3 years b. Age at Enlistment / Education / GT Score: 29 years / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-4 / 19K10, M1 Armor Crewman / 10 years, 5 months, 16 days / Total Service was based on information taken from the DD Form 214, due to the applicant's record missing supporting documents. d. Prior Service / Characterizations: NIF e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: AWOL for 861 days 26 August 1996 to 2 January 1999; surrendered to military authorities. Also, he had 399 days of excess leave 25 January 2001 to 27 February 2002. j. Diagnosed PTSD / TBI / Behavioral Health: Walter Reed Army Medical Center Inpatient Psychiatry Service, Air Evac Summary, dated 26 August 1996, relates the applicant had an Axis I diagnosis of an Adjustment Disorder with depressed mood manifested by depressed mood most days, decreased appetite, insomnia, decrease concentration, anhedonia, feeling hopeless and helpless, and suicidal ideation and prior attempt. Stressors: severe, pending legal action, financial problems secondary to illegal activity (writing bad checks), separation from family. Impairment for further military duty: moderate. Impairment for social and industrial adaptability: moderate. Line of Duty: no. Axis II: Personality Disorder, NOS manifested by a pervasive pattern of deceitful behavior with a disregard for consequences beginning in childhood, difficulty in relationships, unstable occupational history. Impairment for further military duty: moderate. Impairment for social and industrial adaptability: severe. Line of Duty: no. Axis IV: Legal problems, separation from family, financial problems. Physical profile, dated 26 August 1996, shows that the applicant had a permanent profile for major depression, single episode. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); attorney's letter (eight pages); Exhibit A: DD Form 214; Exhibit B: applicant's affidavit (three pages); Exhibit C: Walter Reed Army Medical Center Inpatient Psychiatry Service, Air Evac Summary (four pages), with related documents (five pages); Exhibit D: honorable discharge orders D-05-214068, U.S. Army Reserve; Exhibits E, F, G, H, I J, K (sister), and L (wife): supporting statements; Exhibit M: Various certificates and awards; Exhibit N: Documents relating to applicant's prior application for a discharge upgrade; and Exhibit O: Department of Veterans Affairs denial of benefits (six pages). 6. POST SERVICE ACCOMPLISHMENTS: He volunteered in the community, including at a food pantry and by flagging graves at a local veterans cemetery. He distinguished himself as a reliable, dedicated and hard worker in the VA's Incentive Therapy work program18 and actively involved in his church. 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 general (under honorable conditions) or honorable. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 10, by reason of In Lieu of Trial by Court-Martial, with a characterization of service of under other than honorable conditions. Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the DD Form 214 shows a Separation Code of KFS (i.e., in lieu of trial by court-martial) with a reentry eligibility (RE) code of 4. The applicants contentions were carefully considered regarding, his discharge from the Army was a direct result of his struggle with depression; he had an excellent record in the Army and never received an Article 15 However, the merit of these contentions cannot be substantiated because the facts and circumstances leading to the discharge are not contained in the available record. The applicant further contends, he had never been depressed; and after becoming seriously depressed in August 1996, he attempted suicide by slitting his artery at the elbow. A Walter Reed Army Medical Center Inpatient Psychiatry Service, Air Evac Summary, dated 26 August 1996, shows that the applicant had an Axis I diagnosis of an Adjustment Disorder with depressed mood manifested by depressed mood most days; and Axis II: Personality Disorder, NOS manifested by a pervasive pattern of deceitful behavior with a disregard for consequences beginning in childhood, difficulty in relationships, unstable occupational history. Further, the applicant was air-evacuated from Germany following a suicide attempt. He was admitted to WRAMC for further psychiatric evaluation and treatment. The applicant also contends, he was released from the hospital and fear of hurting himself or others he failed to return to his unit and instead went AWOL. 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. The applicant additionally contends, he remains ineligible for VA health care and other benefits he is likely eligible for service connected benefits. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill 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. Lastly, the applicant contends despite his struggles with depression and the painful encumbrance of his under other than honorable discharge, he turned his life around. The applicant is to be commended for his efforts. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The third party statements provided with the application speak highly of the applicant's performance. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. The applicant's post-service accomplishments have been noted as outlined on the application and in the documents with the application. It is the applicant's responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that 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 via phone call during the personal appearance hearing. a. The applicant submitted the following additional document(s): No additional documents submitted the day of the hearing. b. The applicant presented the following additional contention(s): None noted. c. Witness(es) / Observer(s): None noted. 10. BOARD DETERMINATION: In a personal appearance hearing conducted via phone call at Arlington, VA on 29 January 2018, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service, board judgement, post-service accomplishments, and in-service diagnosis of behavioral health issues. 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. 11. 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: 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 AR20170003662 5