1. Applicant's Name: a. Application Date: 22 March 2017 b. Date Received: 28 April 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 effect, that he would like an upgrade of his discharge for the purpose of obtaining benefits for treatment of combat related issues and PTSD previously denied. He contends that his discharge should be upgraded based on positive changes in his personal life, including early dismissal from felony probation, and felonies reduced to misdemeanor charges; early dismissal based on positive behavior and maintaining a clean record. The felony charges indicated it was due to PTSD from combat experience and the mental torment that he received from his unit through hazing and harassment. Conditions of under other than honorable conditions discharge related to PTSD and civilian confinement from felony charges. He contends no help was offered from the military upon his return from combat, which led to him going AWOL and the above issues. Upon returning to his unit, again no help was offered. They determined it was better to discharge him rather that help. Since he has been working diligently to improve his life and record and push forward to a more positive life. He feels that he should be helped for his combat PTSD related issues rather than continual denial. He believes that he is not the only one returning from combat with these issues and making mistakes. He finds it hard to believe he is the only one that had done something like this and believes others have bettered themselves and gotten discharge upgrades and now are receiving benefits and help. He would like all that he has done and given while in Afghanistan and during the period of service under review. He believes it is unfair and inequitable to not consider his period of honorable service. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant had a medical or behavioral health condition that was mitigating for the offenses which led to his separation from the Army. SMs electronic military medical records indicated diagnoses of an Adjustment Disorder (2006). Medical note dated August 2006 indicated SM reported feeling depressed since joining the Army 6 months ago. Medical note December 2006 indicated SM reported having trouble adjusting to the military to include sleep difficulties. Medical note 17 July 2008 (2 weeks prior to 1st AWOL) SM reported being engaged in a firefight in Afghanistan and experiencing flashbacks from the incident, racing thoughts, nervousness, shaking and sweating. He also noted that he was unable to see his wife and that her unit put her in confinement. Medical note dated 5 August 2008 indicated SMs Command felt he was in an unstable marriage and that his wife coerced him into going AWOL. Medical noted 11 August 2008 SM reported feeling suicidal, depressed and outrageously stressed because of the Army and that he needed to get out before he did something bad. This resulted in being put on unit watch due to being unable to contract for safety. Medical note 12 August 2008 indicated SM reported going AWOL due to occupation and family stress. Medical note 26 September 2008 noted SMs life had gone downhill since returning from Afghanistan in April and shortly after meeting his wife and marrying her in June. Mental Status Evaluation dated 15 March 21 after 3rd AWOL indicated while away SM received a civilian conviction for Grand Larceny, which SM described as a felony for aiding and abetting theft. He was incarcerated for 45 days and received court order mental health evaluation in which he was diagnosed with PTSD and Bipolar Disorder and was mandated to take Seroquel. It was also indicated SM had divorced 2 months prior and that he reported going AWOL due to being upset with the unit. In a personal statement to the VA, SM indicated he experienced excessive hazing and harassment upon arriving to Fort Bragg and upon returning back from Afghanistan. The statement indicated SM reported frustrations about being denied leave; however, SM was denied visitation with his wife and placed on 72 hour watch based on a claim of being suicidal. He attributed going AWOL to the ongoing harassment, punishment and mental torment. A mental health evaluation dated 16 October 2009 from Mora Psychological Services indicated SM was diagnosed with Post-Traumatic Stress Disorder, Chronic, and Moderate/Marked Severity and ADHD. The evaluation referenced SMs response to a police officer that he went AWOL due to having "some issues" and that he flees when he becomes scared. It was also indicated SM suffered from an acute dissociative event in response to a traffic stop in which he fled from police; however, this diagnosis is likely in error as evidence supports SM was aware going AWOL was wrong but that he left due to the unfair treatment he was receiving. The report further noted SMs mother indicated her son made poor decisions, was withdrawn, and verbally abusive since returning from Afghanistan. She also noted he reported not being able to deal with fireworks and complained of thoughts about suicide. A VA decision rating letter dated 16 September 2011 indicated SM was denied a percentage rating and was determined to be sane at the times he went AWOL. SM reported to the VA that his exposure to combat situations while deployed caused mental health issues upon returning home. He also reported being harassed until he reached his mental breaking point and went AWOL. In summary, SMs PTSD symptoms and trauma exposure can be associated with the avoidance behaviors such as unexcused absences; therefore, there is a nexus between this applicant's misconduct (AWOLs) and his behavioral health symptoms. In a travel panel, personal appearance hearing conducted at Scott Air Force Base, IL on 1 March 2018, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, post-service accomplishments, a prior period of honorable service, the circumstances surrounding the discharge and AWOL (i.e. in-service OBH and post-service diagnosis of PTSD) and as a result it 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, Chapter 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 3. (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: 2 June 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 April 2010 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 29 April 2010, the applicant was charged with the following; being absent without leave from his unit from 23 July 2008 until his return on 4 August 2008; Being absent without leave from his unit from 19 August 2008 until his return on 26 August 2008; and Being absent without leave from his unit from 27 August 2008 to 8 February 2010 (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 7 May 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 20 May 2010 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 February 2008 / 5 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M10, Motor Transport Operator / 2 years, 7 months, 15 days d. Prior Service / Characterizations: RA, 19 April 2006 to 27 February 2008 / HD e. Overseas Service / Combat Service: SWA / Afghanistan (27 January 2007 to 6 April 2008) f. Awards and Decorations: ARCOM-4, ACM-CS, NDSM, GWOTSM, ASR, OSR, NATOMDL, CAB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, which shows the applicant was the subject of investigation for AWOL-surrendered to military / civilian authorities and AWOL-departed from place of duty i. Lost Time / Mode of Return: 549 days lost time: AWOL 12 days (23 July 2008 to 3 August 2008) / surrendered; 7 days (19 August 2008 to 25 August 2008) / surrendered; and 530 days (27 August 2008 to 7 February 2010) / apprehended j. Diagnosed PTSD / TBI / Behavioral Health: The Evaluation documents from the Mora Psychological Services, show the applicant was diagnosed with Axis I 309.81 for Post- Traumatic Stress Disorder, Chronic, and Moderate/Marked Severity; Axis III for mild chronic pain, seasonal allergies; Axis IV for Marked-PTSD without current interdisciplinary treatment team; and Axis V Current GAF 45(Serious impairment) and Highest GAF in past year 45 (Serious impairment). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; several letter from Veterans Service Office St. Croix County Services Center (CVSO); copy of honorable discharge certificate, dated 27 February 2008; certificates for award of the ARCOM, NATO Medal, letters of support; letter / evaluation from Mora Psychological Services; copy of separation documents; Military Police Report; Department of Veteran Affairs decision letter which denied the applicant of benefits because of his AWOL status at the time of discharge; and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None 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 honorable. 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 several acts of significant achievements; however, it appears it did not support the issuance of an honorable discharge by the separation authority at the time of discharge. The applicant seeks relief contending, that his discharge should be upgraded based on positive changes in his personal life, including early dismissal from felony probation, and felonies reduced to misdemeanor charges; early dismissal based on positive behavior and maintaining a clean record. The felony charges indicated it was due to PTSD from combat experience and the mental torment that he received from his unit through hazing and harassment. Conditions of under other than honorable conditions discharge related to PTSD and civilian confinement from felony charges. He contends no help was offered from the military upon his return from combat, which lead to him going AWOL and the above issues. Upon returning to his unit, again no help was offered. They determined it was better to discharge him rather that help. Since he has been working diligently to improve his life and record and push forward to a more positive life. He feels that he should be helped for his combat PTSD related issues rather than continual denial. He believe that he is not the only one returning from combat with these issues and making mistakes. He finds it hard to believe he is the only one that had done something like this and believes others have bettered themselves and gotten discharge upgrade and now are receiving benefits and help. He would like all that he has done and given while in Afghanistan and during the period of service under review. He believes it is unfair and inequitable to not consider his period of honorable service. The applicant's contentions were noted including, that his going AWOL was the result of reaching a mental breaking point as a result of being hazed and harassed by his unit and during his deployment to Afghanistan, and that he recorded no help from his unit. Despite the applicant's contentions there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he received no support from his chain of command. The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers before going AWOL. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. The applicant contends that his discharge should be upgraded based on positive changes in his personal life, including early dismissal from felony probation, and felonies reduced to misdemeanor charges; early dismissal based on positive behavior and maintaining a clean record. The felony charges indicated it was due to PTSD from combat experience and the mental torment that he receive from his unit through hazing and harassment. However it should be noted that these contentions were during a period of time the applicant was AWOL from his unit for over 500 days. 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 and the applicant is to be commended on his accomplishments. However, it appears his prior service did not support the issuance of an honorable or a general (under honorable conditions) discharge by the separation authority at the time of discharge. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service 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. 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): None were listed on the hearing data sheet. b. The applicant presented the following additional contention(s): None were listed on the hearing data sheet. c. Witness(es) / Observer(s): 10. BOARD DETERMINATION: In a travel panel, personal appearance hearing conducted at Scott Air Force Base, IL on 1 March 2018, and by a 5-0 vote, the Board determined that the discharge was too harsh based on the applicant's length and quality of service, to include combat service, post-service accomplishments, a prior period of honorable service, the circumstances surrounding the discharge and AWOL (i.e. in-service OBH and post-service diagnosis of PTSD) and as a result it 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, Chapter 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 3. 11. 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, Chapter 5-3 e. Change SPD/RE Code to: Change SPD to JFF/ Change to RE code to 3 f. Restore 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 AR20170007035 6