1. Applicant's Name: a. Application Date: 27 February 2017 b. Date Received: 24 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 honorable. The applicant seeks relief contending, in pertinent part and in effect, his behavior changed due to PTSD, a medical condition that he did not choose, but will fight it daily to recover. An upgrade would provide him Veterans' benefits, such as being buried with honors and for his daughter to receive the Post 9/11 GI Bill. His request is also based on his pride, honor, and selfless service to his country. It is not only priceless for him, but for his family history, and his way of life in the military-the sacrifice that he and his family went through for over twenty years. It is about what he did for the people, such as fighting for his country. Currently, he lives at the "Temple Domiciliary," just graduating from a program for drugs and alcohol. His next program will be the PTSD program in Waco, Texas. Per the Board's Medical Officer, based on the information available for review at the time, case file, AHLTA and JLV were reviewed. AHLTA notes indicate extensive Behavioral Health and ASAP involvement. AHLTA indicates applicant had diagnosis of TBI after tailgate of a 5ton truck opened on his head (was only wearing cap at the time). This resulted in brief LOC and disorientation and dizziness. He received no medical attention for this. AHLTA indicates applicant saw BH several times while deployed for issues related to depression and anxiety. In July 09, he presented to the Theater BHC and reported a 3 year history of visual and auditory hallucinations and paranoia. He was diagnosed with Schizotypal Personality Disorder. In May 2010, he reported to Psychology that he had used different drugs after his first deployment to help him cope with his memories of all the dead bodies he saw. In Oct 2011, he saw BH and reported anxiety, depression, panic attacks, mood swings, nightmares, insomnia, intrusive memories and obsessive thoughts. In Jan 2011, he reported to BH that he had been seeing a civilian psychiatrist who had diagnosed him with PTSD. In Feb 2013, BH diagnosed him with PTSD. In July 2013, he was diagnosed with Alcohol Dependence by ASAP. In Feb 2014, he presented with suicidal plan to shoot himself. He was diagnosed with Adjustment Disorder. His PCL-C score was 56 (indicates possible PTSD). In Sep 2014, he presented with suicidal ideation and homicidal ideation toward his commander and 1st SGT (he was angry they did not believe him when he said he was sober when he was pulled over for DWI). He was psychiatrically hospitalized (29 Sep 2014-6 Oct 2014) and admitted to Addiction Medicine Intensive Outpatient program. He was treated with sertraline, Vivitrol, naltrexone and trazadone. He was also enrolled in the Behavioral Health Intensive Outpatient Program. In Dec 2014, he was referred Pain Management Clinic where he received several stellate ganglion block injections to treat his "severe, recalcitrant PTSD" symptoms. He was also diagnosed with Bipolar Disorder, rapid cycling around this time (but this diagnosis was later dropped due to fact it did not meet criteria). In Jan 2015, it was documented that he had finished both of his IOP programs. IN Feb 2015, he was psychiatrically hospitalized again for suicidal ideation with a plan to hang himself. He was discharged on 26 Feb 2015. In March 2015, he relapsed on alcohol and drugs (cocaine) and presented in a paranoid state. His PCL score at this time was 67 and a MEB was started because he had met MRDP for PTSD which his psychiatrists felt was unfitting. At this point, he had had 3 DUIs (one after his first deployment). His psychiatrists felt that his PTSD exacerbated his substance use. In May 2015, he presented to the ED in a psychotic state due to alcohol and amphetamines. He was agitated and was placed in restraints. He admitted he had smoked "Ice" and had been found running down the middle of the freeway with his shirt off. When the police came, he tried to low crawl under their car. A May 2015 note indicated he had a P3 profile for PTSD. In Aug 2015, he again presented to the ED after smoking ice. During this visit, the examining BH provider wrote "SM facing chapter 14 for DUI. Then abused meth and earned some other charges (stole a Col's car?)". A timeline developed by his treatment team indicated that his cocaine and methamphetamine addictions began after his PTSD was diagnosed (PTSD diagnosed in Nov 2014, cocaine/meth amphetamine problems began in Feb 2015). A note from Sep 2015 indicated the applicant was receiving a Chapter 10 discharge from the Army but the charges were not indicated. In Sep 2015, the applicant presented again to the ED in a psychotic and suicidal state due to methamphetamine abuse. Review of the VA records indicates that the applicant is 50% SC for PTSD. The applicant's military medical records clearly indicate that the applicant was diagnosed with combat related PTSD and this PTSD significantly worsened his substance abuse issues. However, as the Basis for Separation is not in file and the AHLTA records indicate his Chapter 10 separation may have involved unknown charges in addition to his substance use charges, a statement regarding medical mitigation cannot be made at this time. In a records review conducted at Arlington, VA on 29 June 2018, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, homelessness, the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of PTSD), and as a result it is inequitable. 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: 16 September 2015 c. Separation Facts: (1) DD Form 458 (Charge Sheet): NIF; however, the charge sheet would have provided the preferred charge(s), with recommendations to refer to trial by a special court- martial empowered to adjudge a bad conduct discharge or a general court-martial: NIF (2) Legal Consultation Date: 26 August 2015 (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: 8 September 2015 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 March 2012 / Indefinite b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 90 c. Highest Grade Achieved / MOS / Total Service: E-7 / 91X40, Maintenance Supervisor / 22 years, 10 months, 6 days d. Prior Service / Characterizations: DEP (19 December 1994 to 21 February 1995) / NA RA (22 February 1995 to 29 April 1998) / NA RA (30 April 1998 to 29 April 2001) / HD USAR (30 April 2001 to 14 March 2003) / NA OEF (15 March 2003 to 17 May 2003) / NIF USAR (18 May 2003 to 3 May 2006) / HD RA (4 May 2006 to 12 June 2007) / HD RA (13 June 2007 to 1 March 2012) / HD e. Overseas Service / Combat Service: Hawaii, SWA, Germany / Iraq (23 November 2008 to 18 November 2009), (28 June 2006 to 3 June 2007) f. Awards and Decorations: BSM; MSM; ARCOM-3; AAM-5; AGCM-3; NDSM; ICM- 3CS; GWOTSM; NCOPDR-3; ASR; OSR-3; MOVSM; MUC g. Performance Ratings: Four NCOERs rendered during period under current review: 29 June 2011 thru 28 June 2012, Among the Best 29 June 2012 thru 28 June 2013, Among the Best 29 June 2013 thru 30 September 2013, Among the Best 1 October 2013 thru 30 September 2014, Marginal h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand, dated 28 October 2014, indicates the applicant was reprimanded for driving while under the influence of alcohol on 27 September 2014. Discharge Orders i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Applicant's documentary evidence: VA letter, dated 16 March 2017, indicates he was scheduled for admission to the Post Traumatic Stress Disorder Residential Rehabilitation Program in March 2017. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 27 February 2017; ERB; DD Form 214 (under current review); DD Form 214, dated 17 May 2003; USAR discharge orders, dated 12 October 2006; DD Form 214, dated 29 April 2001; BSM certificate; MSM certificate; three ARCOM certificates; five AAM certificates; MOVSM certificate; NCOER; memorandum of support, dated 1 March 2017; letter of support, dated 21 February 2017; list of reference contacts; certificate of achievement; and VA letter, dated 16 March 2017; 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. 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. 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. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The applicant's service record is void of the complete facts and circumstances of the events which led to his discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature, the separation authority's decision memorandum, and the applicant request for discharge in lieu of trial by court-martial. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 10, AR 635-200, for discharge "In Lieu of Trial by Court-Martial." Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. If the applicant desires a personal appearance hearing, it would be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet and any further medical diagnoses of PTSD and/or behavioral health issues) 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. The applicant's contentions regarding his medical condition involving his PTSD symptoms were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues along with notable service-connected post-traumatic stress disorder symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. In consideration of the applicant's honorable service and his in-service accomplishments, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant has expressed his desire for his daughter to use the benefits of the GI Bill and for veterans' benefits. However, eligibility for veterans' 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. 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 the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 29 June 2018, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, homelessness, the circumstances surrounding the discharge (i.e. in- service and post-service diagnosis of PTSD), and as a result it is inequitable. 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 AR20170005790 2