1. Applicant's Name: a. Application Date: 13 May 2017 b. Date Received: 16 June 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 and a narrative reason change. The applicant seeks relief contending, in effect, in April of 2003, he was ordered to active duty in support of OIF/OEF. His job at the time, was a vehicle mechanic. While in Iraq, he witnessed many horrific things that have affected his life ever since. One evening, the applicant along with three of his battle buddies, were driving back to the motor pool to park the 5-ton truck, when an incident had occurred. Several Iraq civilians had driven through the main gate at Taji forcefully passing the guards. Immediately after they parked the 5-ton truck, they all proceeded to jump out to assist wherever they were needed. The applicant was the last one to jump out of the truck when another Soldier in front of him slammed the door which caught his right hand. He was able to get the door open and remove his hand, which started to swell almost immediately. After all the chaos had subsided that evening, someone else had reported his injury and he was forced to be Medevac'd to Balad. He was at the medical station for at least two weeks and he begged to return to his unit, but they were persistent that his hand was too swollen and that he would not be able to use his weapon if needed. Due to the fact his hand swelling was not going down, he was ordered by the doctor to return to the United States to continue recovery. His emotions were and had been at an all-time high, he was angry at himself because he was not with his unit. He felt completely useless, and he was very stressed from witnessing all the other Soldier's injuries while there. When he arrived at Walter Reed, he was surrounded by many other Soldiers who had been terribly injured during combat. Eventually, he was released and went back to Fort Lee, VA. While at Fort Lee, he continued treatment for his hand, which included physical therapy and the strong pain medications Since Iraq, he had been receiving morphine and percocet. He started to have constant extreme nightmares of Iraq, which he would awaken drenched in a puddle of sweat and he continues to do so presently. He was excessively paranoid of his surroundings and paid attention to every detail of every situation. While in therapy he decided to seek help for the nightmares and paranoia because it was becoming unbearable to live with. The therapist did not seem to care and they were more focused on getting his therapy done for the day. He figured, if she did not care, then why would anyone else? He became more untrusting of everyone and completely isolated himself. The thoughts and images in his head were unescapable, so while off base one day he resorted to smoking a joint of marijuana as a desperate measure to try and self-medicate himself to escape the extreme thoughts and feelings that he was constantly having from what he now knows is PTSD. Several weeks later, he tested positive during a random drug screen that was ordered for the whole unit. The commander advised him that he would be getting an Article 15, a demotion, and lose half of his pay for the month. He began extra duties and willfully signed up and attended drug and alcohol classes on base. Several weeks later while in his room, a noncommissioned officer knocked on his door to tell him that he was being discharged. The noncommissioned officer hardly had any answers for him as he escorted him around to sign "paperwork". Before any paperwork was signed, the applicant persistently asked why he was being discharged because he had already received his punishment. The only thing that he was told was that he "had no choice", if he did not accept it, he would more than likely be "jailed" for the positive drug screen. He was told he could still receive all his VA benefits, and it would not affect his civilian employment. He was never given a chance to seek legal counsel for help, nor did he ever request in writing for this discharge. He, believes he was forced into accepting the discharge in lieu of court-martial. Additionally, he requested copies of any documentation pertaining to his discharge and he was told "it will be mailed" to him. He did not know this discharge would later label him in life as a terrible person. This added to his mental status and he became an alcoholic until within the last couple of years when his wife pushed him to get help from the VA. Recently, he was diagnosed by the Department of Veterans Affairs with PTSD, depressive disorder, and several other conditions, which are service-connected to the Army, but he is very limited to the help he can receive because his discharge is considered "dishonorable". He desires the upgrade and reason change to allow him to receive the mental help he needs from the VA. He had no misconduct in his record or there is no record of UCMJ indicating any issues for the need of a trial and he had never been in any other trouble aside from the one incident that occurred. Per the Board's Medical Officer, based on the information available for review at the time, the evidence is insufficient to mitigate his misconduct. No diagnosis of PTSD was noted, even by the VA, until at 12 years after the event, no disability award made until 14 years after the alleged onset, and treatment for at least one year, including mental health contacts that did not note PTSD. In a records review conducted at Arlington, VA on 4 August 2017, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's combat service and the circumstances surrounding his discharge (i.e. VA diagnosed 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 reason for discharge was proper and equitable and voted not to change it. This action entails restoration of grade to E-3/PFC. (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: 26 November 2003 c. Separation Facts: (1) DD Form 458 (Charge Sheet): NIF (2) Legal Consultation Date: NIF (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: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 February 2003 (OAD) / 365 days b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / 63S10, Heavy Wheeled Mechanic / 1 year, 6 months, 11 days d. Prior Service / Characterizations: USAR, 16 May 2002 -26 November 2003 / NIF (Concurrent Service) e. Overseas Service / Combat Service: SWA / Iraq (7 February 2003 - 6 October 2003) f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of his VA treatment records, dated 3 February 2017, which reflects the applicant was diagnosed with: PTSD (Axis I) and Unspecified Depressive Disorder (Axis I). 5. APPLICANT-PROVIDED EVIDENCE: Online application, with all allied documents listed in the supporting documentation information section 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. Army Regulation 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. 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 requests an upgrade of his under other than honorable conditions discharge to honorable and a narrative reason change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant's contentions were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs. This presumption is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity in this case and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. 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 and it does not support an upgrade to an honorable or a general discharge. The applicant contends the narrative reason for the discharge should be changed because because it would allow him additional treatment for his mental health through the VA. However, the applicant was separated under the provisions of Chapter 10, AR 635-200, with a under other than honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "In Lieu of Trial by 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. Further, eligibility for veteran's benefits to include medical benefits 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. The applicant contends he was never allowed legal assistance and believes he was forced to accept a discharge in lieu of court-martial. However, 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 applicant contends the VA has granted him a service connected disability for PTSD. 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 the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) 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. 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 that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 4 August 2017, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's combat service and the circumstances surrounding his discharge (i.e. VA diagnosed 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 reason for discharge was proper and equitable and voted not to change it. This action entails restoration of grade to E-3/PFC. 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 f. Restore Grade to: E-3/PFC 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 AR20170009412 6