1. Applicant's Name: a. Application Date: 20 March 2017 b. Date Received: 21 March 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant through legal counsel requests that his narrative reason for discharge should be changed to "Secretarial Authority" and that his reentry eligibility (RE) code be changed. The applicant seeks relief contending, in effect, that as a result of the memorandum dated 3 September 2014 from the Secretary of Defense and further guidance from the Army Review Boards Agency that his case be reconsider based on unrecognized PTSD may have been a mitigating factor in his misconduct. The applicant through legal counsel contends there is ample medical and anecdotal evidence of debilitating active duty PTSD in the applicant's case was causative of the applicant's AWOL. The record indicates the applicant had a prior personal appearance on 2 July 2007. The Army Discharge Review Board reviewed his case and determined that relief was warranted. Accordingly, the board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it. This action entailed a restoration of grade to SPC/E4. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has AHLTA diagnoses of Anxiety Disorders (8 BH visits from 06 July 2005 to 01 August 2005), Chronic PTSD (1 visit, a physical exam, by a non-psychiatric provider), Depression (1 visit, a physical exam, by a non-psychiatric provider), Episodic Mood Disorders (1 visit on 28 June 2005), Injury Undetermined Intent Using Cutting/Piercing instrument (1 visit for self-inflicted injury on 27 June 2005), Personality Disorder (4 BH visits from 06 July to 22 July 2005). The patient had two inpatient admissions in July 2005, as well as the outpatient visits just referenced. In the JLV the applicant showed a JLV VA SC disability rating of 80%. His VA problem list includes PTSD, Recurrent Major Depressive Disorder, and Obsessive Compulsive Disorder. His VA PTSD, MDD, and OCD diagnoses all emerged on his VA Problem List in October 2015. Diagnoses of PTSD by the VA go back to 2012, VA C&P exam of 30 October 2007 said the applicant had a deployment to Iraq from August 2003 to March 2004. He had psychological testing on 05 November 2007, but no results showed in record. A note of 13 June 2012 showed him having a VA disability rating 70% SC for PTSD. At that time, he had completed medical school at the Washington University and was in a surgery residency in Boston. He reported being in the 98th Percentile on his MCAT. A note of 23 June 2005 by a medical officer, said that the applicant at that time has been evaluated and was continuing in Treatment. It gave diagnoses of Anxiety Disorder NOS & Mood Disorder NOS. It also was predicted that "his condition is likely to get better with ongoing mental health treatment." He has had his discharge upgrade based on PTSD diagnosis in the past. The narrative reasons for discharge appears to be accurate. The record did seem to show a vulnerability to reacting to reversals in his fortune that is consistent with his history of a Personality Disorder, as he seems most at risk for escalation in his symptoms when facing potential damage to his interests. In an appearance hearing conducted at Arlington, VA on 11 December 2017, and by a 4-1 vote, the Board denied the request upon finding the separation was both proper and equitable. (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: 3 August 2005 c. Separation Facts: (1) Date Charges Were Preferred: 10 June 2005 and 6 July 2005 (2) Basis for Separation: The evidence of record contains two DD Form's 458, Charge Sheet which indicate on 10 June 2005 and 6 July 2005, the applicant was charged with being absent from his unit from 15 July 2004 and remained so absent in desertion until 1 June 2005. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 26 June 2005 and 24 July 2005 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 26 July 2005 / Under Other Than Honorable Conditions On 2 July 2007, after carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony, and considering the analyst's recommendation and rational, The Army Discharge Review Board determined that the applicant's characterization of service was too harsh, and as a result it was inequitable. The board did not condone the applicant's misconduct; however, found that the overall length and quality of his service, to include his combat service, the medical circumstances surrounding the discharge, the circumstances surrounding his AWOL, and his post service accomplishments, mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it. This action entailed a restoration of grade to SPC/E4. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 October 2002 / 4 years (Item 12a on DD Form 214, date entered active duty this period is incorrect, should read 16 October 2002) b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 126 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B1P, Infantryman / 2 years, 11 months, 7 days d. Prior Service / Characterizations: USAR, 10 October 2001 to 15 October 2002 / NIF e. Overseas Service / Combat Service: SWA / Iraq (4 August 2003 to 20 March 2004) f. Awards and Decorations: ARCOM, AAM, ICM, NDSM, GWOTSM, ASR, CIB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 10 June 2005, for being absent from his unit in desertion from 15 July 2004 until his return on 1 June 2005. The punishment consisted of forfeiture of $369 pay and 14 days extra duty and restriction. Counseling statement reference the maintenance of common areas. i. Lost Time / Mode of Return: AWOL 317 days (15 July 2004 to 31 May 2005) / surrendered to military authorities. j. Diagnosed PTSD / TBI / Behavioral Health: Letter from a Licensed Independent Clinical Social Worker at the HealthPartners University Avenue Clinic, dated 17 June 2005, who made reference to having seen the applicant in intensive psychotherapy from 7 January 2005 until 16 May 2005. He makes reference to the applicant having been diagnosed with Post Traumatic stress Disorder; that he also developed symptoms of obsessive compulsive disorder, with compulsions involving counting every word he read or heard. He noted the applicant needed continued psychotherapy and medication, and that a general discharge would allow him to keep his VA benefits and obtain the treatment he needed to become a functioning member of society. Memorandum, dated 23 June 2005, from the 82d airborne Division Psychiatrist, indicates the applicant was diagnosed with an Axis I (300.00, anxiety disorder, not otherwise specified and 296.90, mood disorder, not otherwise specified). It was noted that his military experiences were contributing factors to the development of these conditions; his treatment involved taking medication (an antidepressant medication and an anti-anxiety medication) and individual psychotherapy. His condition was likely to get better with ongoing mental health treatment. A general (under honorable condition) discharge from the Army would have facilitated his getting the help he needed through the Veterans Administration. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 to include exhibit's I-III; copy of his prior personal appearance decision to include updated DD Form 214; separation packet; several letters of support; several legal briefs from legal counsel requesting reconsideration of his application dated (20 March 2017, 14 February 2017, 18 July 2017, 1 August 2017, and 19 November 2017); letters of explanation and character; applicant's CV; psychological assessment; ADRB filing; email; decision letter from the Dept of Veterans Affairs which shows the applicant was awarded 70 percent service connected disability on 28 November 2007 for PTSD, obsessive compulsive disorder (OCD) and major depression; and copy of Memorandum For Secretaries of the Military Departments "Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Request by Veterans Claiming Post Traumatic Stress Disorder." 6. POST SERVICE ACCOMPLISHMENTS: Evidence submitted by the applicant shows he has received several educational degrees since his discharge. 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. 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 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. 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 through legal counsel requests that his narrative reason for discharge be changed to "Secretarial Authority" and that his reentry eligibility (RE) code be changed. 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. However, On 2 July 2007, after carefully examining the applicant's record of service during the period of enlistment under review, hearing his testimony, and considering the analyst's recommendation and rational, The Army Discharge Review Board determined that the applicant's characterization of service was too harsh, and as a result it was inequitable. The board did not condone the applicant's misconduct; however, found that the overall length and quality of his service, to include his combat service, the medical circumstances surrounding the discharge, the circumstances surrounding his AWOL, and his post service accomplishments, mitigated the discrediting entry in his service record. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to fully honorable. However, the Board determined that the reason for discharge was both proper and equitable and voted not to change it. This action entailed a restoration of grade to SPC/E4. The applicant seeks relief contending that his narrative reason for discharge should be changed to "Secretarial Authority" and that his reentry eligibility (RE) code be changed. However, the applicant was separated under the provisions of Chapter 10, AR 635-200 with an honorable discharge. The narrative reason specified by Army Regulations for a discharge under this chapter is "In Lieu of Court Martial," and the separation code is "KFS." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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): Curriculum Vitae (CV) of the applicant - 5 pages Letter of Reference - SGM - Thinh Huynk - 2 pages Letter of Reference - James Arlen 2 pages Letter of Reference - William Derkins - 2 pages Letter of Reference - Michael Yoffe - 3 pages Letter of Reference - Harrye Siever - 2 pages Letter of Reference - Chris Bond 1 page b. The applicant presented the following additional contention(s): None. c. Witness(es) / Observer(s): 10. BOARD DETERMINATION: In an appearance hearing conducted at Arlington, VA on 11 December 2017, and by a 4-1 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change d. Change SPD / RE Code to: No Change e. 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 AR20170003969 1