1. Applicant's Name: a. Application Date: 7 March 2017 b. Date Received: 13 March 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, was diagnosed with PTSD along with a myriad of other problems due to three combat deployments. The applicant contends that every psychiatrist that the applicant has seen has told the applicant that the problems that led to discharge stemmed from psychological issues. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Anxiety Disorder NOS, Borderline Personality Disorder, Major Depressive Disorder, and PTSD. The applicant is 100% service-connected for PTSD from the VA. In summary, the applicant has a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 27 March 2020, 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 and the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of OBHI and PTSD), a prior period of honorable service, 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: 29 January 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 January 2014 (2) Basis for Separation: The evidence of record contains a DD Form's 458, Charge Sheets which indicates on 10 January 2014, the applicant was charged with being absent from his unit from 4 November 2013 until he was apprehended on 26 December 2013. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 October 2006 / Indefinite b. Age at Enlistment / Education / GT Score: 30 / 2 Years College / 125 c. Highest Grade Achieved / MOS / Total Service: E-7 / 13F10, Joint Fire Support Specialist / 18 years, 6 months, 18 days d. Prior Service / Characterizations: RA, 8 March 1995 to 28 June 1998 / HD USARCG, 29 June 1998 to 26 July 1998 / NA RA, 27 July 1998 to 27 August 2001 / HD ARNG, 28 August 2001 to 5 November 2001 / HD RA, 6 November 2001 to 25 November 2003 / HD RA, 26 November 2003 to 2 December 2004 / HD RA, 3 December 2004 to 16 October 2006 / HD e. Overseas Service / Combat Service: Korea, SWA / Afghanistan (1 December 2003 to 28 May 2004) and Iraq (29 August 2004 to 30 June 2005 and 17 August 2006 to 8 November 2007) f. Awards and Decorations: JSCM, ARCOM-3, AAM-3, MUC, ASUA, AGCM-5, NDSM- 2, ACM-CS, ICM-CS, GWTEM, GWTSM, KDSM, NOPDR-3, ASR, OSR-4 g. Performance Ratings: 1 April 2006 to 31 March 2007, Among The Best 1 April 2007 to 29 February 2008, Among The Best 1 March 2008 to 28 February 2009, Fully Capable 1 March 2009 to 28 February 2010, Among The Best 1 March 2010 to 28 February 2011, Among The Best 1 March 2011 to 9 December 2011, Among The Best 9 December 2012 to 8 December 2012, Marginal 9 December 2012 to 8 December 2013, Marginal h. Disciplinary Action(s) / Evidentiary Record: Several Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Failure to Report (FTR)," effective (28 February 2012) From "FTR" to "Absent Without Leave (AWOL)," effective (29 February 2012) From "AWOL" to "Confined Military Authority (CMA)," effective (3 March 2012) From "PDY" to "AWOL," effective (18 July 2012); From "AWOL" to "PDY," effective (23 July 2012) From "PDY" to "AWOL," effective (23 August 2012); From "AWOL" to "Dropped From Rolls (DFR)," effective (23 August 2012) From "DFR" to "Hospital (HOS)," effective (24 August 2012). From "PDY" to "DFR," effective (4 October 2012) From "DFR" to "Confined by Civil Authorities (CCA)," effective (4 October 2012) Confinement Order, dated 12 October 2012 for Article 86 UCMJ (AWOL) X3; Article 134 UCMJ (Breaking Restriction); and Article 91 (Disrespect to NCO) Platte City Police Department Offense/Incident Reports, dated 22 January 2012 and 24 January 2012 reference suicidal party; and 27 February 2012 reference violated exparte. Summary Court-Martial, dated 19 April 2012, for one specification of AWOL (28 February 2012 to 3 March 2012). The punishment consisted of forfeiture of $545 pay for one month and restriction for two months. Military Protective Order, dated 2 August 2012 Special Court-Martial, dated 28 November 2012, for being absent from his unit from 18 July 2012 to 23 July 2012, 23 August 2012 to 24 August 2012, and 4 October 2012 to 4 October 2012, breaking restriction 4 October 2012, and being disrespectful in language toward SFC J.J.G., a superior noncommissioned officer on 2 August 2012. The punishment consisted of confinement for 75 days and reduction to the grade of E-5. From "PDY" to "AWOL," effective (4 November 2013; From "AWOL" to "DFR," effective (4 December 2013); Military Police Report, dated 4 November 2013, showing the applicant was the subject of investigation for desertion. Documents supporting a discharge under the provisions of Chapter 14-12c prior to his Chapter 10 discharge Memorandum for Record, dated 4 November 2013, reference the applicant's High Risk Desertion. Felony Report, dated 28 December 2013, for being absent without Leave. i. Lost Time / Mode of Return: Total time lost 125 days: AWOL 8 days (29 February 2012 to 7 March 2012); AWOL 5 days (18 July 2012 to 22 July 2012); AWOL 46 days (12 October 2012 to 26 November 2012) and AWOL 66 days (4 November 2013 to 8 January 2014), the applicant was apprehended each time. j. Diagnosed PTSD / TBI / Behavioral Health: Medical documents submitted by the applicant, dated 28 January 2008, makes reference to the applicant having complained about PTSD and depression. Report of Mental Status Evaluation, dated 17 December 2012, which shows the applicant was diagnosed with an Axis I for Major Depression Recurrent Moderated on Axis I. It was noted that the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. The applicant was cleared for administrative purposes only, by Department of Behavioral Health for Chapter 14-12c. He was not referred for further evaluation regarding PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 in lieu of DD Form 293 and medical documents from the Newark Wayne Community Hospital Newark, NY. The applicant's makes reference to having submitted VA Medical Records with the Portland VA Regional Officer and the Walla Walla, WA VA Hospital, a copy of these documents were not found with his 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 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 several offense punishable under the UCMJ with a punitive discharge. The applicant, in consultation with legal counsel voluntarily requested, in writing, a discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense, and he indicated he understood he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veterans' benefits. 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 and valor; however, it did not support the issuance of an honorable discharge by the separation authority at the time of his discharge. The applicant seeks relief contending that he was diagnosed with PTSD along with a myriad of other problems due to three combat deployments. He contends that every psychiatrist that he has seen has told him that the problems that led to his discharge stemmed from psychological issues. The applicant's contentions were noted; 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 record shows that documents submitted by the applicant, dated 28 January 2008, makes reference to the applicant having complained about PTSD and depression, however, on 17 December 2012, the applicant underwent a mental status evaluation which indicates that the applicant could understand and participate in administrative proceedings and appreciated the difference between right and wrong. The applicant was cleared for administrative purposes only, by Department of Behavioral Health for Chapter 14-12c. He was not referred for further evaluation regarding PTSD. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong as indicated by the mental status evaluation. Further, there are many Soldiers with the same condition that completed their service successfully. 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. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 27 March 2020, 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 and the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of OBHI and PTSD), a prior period of honorable service, 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 AR20170007637 1