1. Applicant's Name: a. Application Date: 8 March 2017 b. Date Received: 13 March 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, he desires the upgrade to be entitled to medical care from the VA to treat his PTSD. His PTSD symptoms started after his deployment to Iraq. After his redeployment from Iraq, he was stationed in Fort Irwin. He states, he had a hard time readjusting, but like many veterans, he did not realize he had PTSD. Soon after reported to Fort Irwin, he learned his mother had been diagnosed with multiple sclerosis while he was deployed. In August of 2004, he went AWOL for less than two months to assist his mother. He voluntarily returned to his unit, but his poor decision only made his situation worse. In April 2006, he learned his mother's health and living conditions had deteriorated. He requested leave to help her move, but it was denied. While he was trying to cope with his PTSD and his mother's dire situation, he made the poor decision to go AWOL again on in April 2006. He again voluntarily returned to his unit, after he helped his mother move to Hawaii to be near family. He was charged with AWOL and rather than face a possible conviction and confinement, he submitted a Request for Discharge In Lieu of Trial by Court-Martial and received an Under Other Than Honorable Conditions discharge. He states, he has been battling PTSD and receiving treatment when he could afford it. In 2008, he applied to the VA to obtain medical benefits in order get treatment for his PTSD, however, his claim was denied. From February to October 2009, he was able to receive treatment, which included in-patient treatment, from the Honolulu Vet Center and VA Pacific Island HSC. In addition, he attended a six-week Post Traumatic Stress Disorder Recovery Rehabilitation Program (PRRP) at TripIer Army Medical Center. He did not graduate because he had a relapse and drank beer while home the weekend before graduation. The Vet Center stopped treating him because he is not entitled to VA care due to his discharge and will not provide medical care unless he receives an upgrade. In November 2011, he was treated at the Valley Presbyterian Hospital. Between 2 and 4 July 2016, he received inpatient treatment in the psychiatry ward at Queen's Medical Center. He states, he suffered from PTSD when he went AWOL and he has no doubt his condition affected his poor decision making and inability to cope. He respectfully requests the Board liberally consider his application as directed by the Secretary of Defense on 3 September 2014, in his memorandum regarding Discharge Upgrades and PTSD. This is his only hope to obtain treatment for his PTSD, as he cannot afford the medical treatment on his own. He states he received an Army Commendation Medal for his service in Iraq and an Army Achievement Medal, which included his service in Iraq, but his Enlisted Record Brief does not reflect his combat service or all of his awards. He also notes his honorable discharge in 2004 for the Board's consideration. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the applicant had a mitigating medical or behavioral health condition for the offenses which led to his separation from the Army. Post-service AHLTA records indicated a diagnosis of PTSD along with having a high risk for suicide due to suicidal ideation and an attempt. PTSD symptoms were attributed to deployment experiences and it was indicated that he was referred to the ER from the VA, where he was found to not be eligible for care. Situational stressors included being homeless, having the responsibility of taking care of his mother and grandmother, and being unemployed. In summary, the combination of his PTSD symptoms and depression (worry about mothers health condition) contributed to his unauthorized absences. Both PTSD and depression can be associated with avoidance behaviors; therefore there is a nexus between SMs misconduct (AWOL) and behavioral health conditions. In a records review conducted at Arlington, VA on 13 July 2018, and by a 4-1 vote, the Board determined the discharge was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, the matters surrounding the AWOL, and the matters surrounding the discharge (i.e. post-service diagnosis of OBH and PTSD), and as a result is inequitable. 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, paragraph 5-3, the narrative reason for separation to Secretarial Authority, and a corresponding separation code to JFF. (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: 23 June 2006 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 20 June 2006, the applicant was charged with violating Article 86, UCMJ, for being AWOL from 5 April to 14 June 2006. (2) Legal Consultation Date: 20 June 2006 (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: 22 June 2006 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 April 2004 / 3 years b. Age at Enlistment / Education / GT Score: 23 / GED / 102 c. Highest Grade Achieved / MOS / Total Service: E-4 / 21B10, Combat Engineer / 5 years, 9 months, 11 days d. Prior Service / Characterizations: ARNG, 3 November 2000 - 7 April 2002 / HD IADT, 16 November 2000 - 15 March 2001 / HD (Concurrent Service) RA, 8 April 2002 - 21 April 2004 / HD e. Overseas Service / Combat Service: Germany, SWA / Iraq (21 March 2003 - 15 April 2003) / Combat service dates are based on award of the ARCOM for combat service. f. Awards and Decorations: NDSM, GWOTSM, ASR / The applicant's service record reflects he was awarded the ARCOM, however, the award is not reflected on his DD Form 214. Additionally, the applicant provided evidence that he was awarded the AAM in 2004, which is not reflected on his DD Form 214. g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. Four Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 10 August 2004; From "AWOL" to "Dropped From Rolls (DFR)," effective 8 September 2004; From "PDY" to "AWOL," effective 5 April 2006; and, From "DFR" to "PDY," effective 14 June 2006. i. Lost Time / Mode of Return: 70 days (AWOL, 5 April 2006 - 14 June 2006) / Surrendered to Military Authorities j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provide copies of his civilian medical treatment records, which reflect he had been diagnosed with TBI; Major Depressive Disorder; and, PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 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. 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 general (under honorable conditions). 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. His 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 since his discharge, he has been diagnosed with Post-Traumatic Stress Disorder (PTSD). The applicant provided copies of his medical treatment records to support his contention. However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The applicant's service record is void of a mental status evaluation. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong. The applicant contends that he was having family issues that affected his behavior and ultimately caused him to be discharged. However, 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 contends that he had good service which included a combat tour. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. The applicant contends that an upgrade of his discharge would allow him medical benefits through the VA. However, eligibility for veteran's benefits to include medical benefits do 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. The applicant contends that his DD Form 214 does not reflect all of his awards or combat service. However, the applicant's requested change to the DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. 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 July 2018, and by a 4-1 vote, the Board determined the discharge was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, the matters surrounding the AWOL, and the matters surrounding the discharge (i.e. post-service diagnosis of OBH and PTSD), and as a result is inequitable. 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, paragraph 5-3, the narrative reason for separation to Secretarial Authority, and a corresponding separation code to JFF. 10. 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, paragraph 5-3 e. Change SPD / RE Code to: JFF / 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 AR20170004207 6