1. Applicant's Name: a. Application Date: 28 June 2017 b. Date Received: 3 July 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions). The applicant seeks relief contending, in effect, did not deserve the type discharge "under other than honorable" because it was too harsh for the charges levied. At the time of the theft of items from the armory, the applicant was a young Soldier. The applicant was also hospitalized by mental health for PTSD. The applicant was hospitalized at the Lincoln Trail Behavioral Health System and was diagnosed with a bipolar disorder, major depressive disorder and polysubstance dependence. The applicant was later readmitted with major depressive disorder, homicidal / suicidal ideations, opiate and cocaine dependence. The applicant was never advised about having access to an Area Defense Counselor. The applicant feels like the chain of command threw the applicant under the bus. After discharge, the Orange Regional Medical Center, Middletown, NY diagnosed the applicant with depression and PTSD. 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 Personality Disorder, Depression, Bipolar Disorder, Adjustment Disorder and Dysthymic Disorder. The VA has diagnosed the applicant with PTSD, Polysubstance Dependence Induced Mood Disorder with Depressed features and Antisocial Personality Traits. In summary, the applicant had a BH diagnosis that is partially mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 8 March 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (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: 13 July 2010 c. Separation Facts: No (1) Date Charges Were Preferred: 16 June 2010 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which shows on 16 June 2010, the applicant was charged without authority, absented himself from his unit (26 April 2010 until 28 April 2010); having received a lawful command from CPT. T.E.R., his superior commissioned officer, to surrender the keys to his vehicle, or words to that effect, did willfully disobey the same (16 June 2010); having received a lawful command from CPT. T.E.R., his superior commissioned officer, not to go anywhere without a noncommissioned officer escort, or words to that effect, did willfully disobey the same (16 June 2010); steal 48 M4 rifle bipod legs, military property, of a value of approximately $11,000, the property of the US Army between (27 December 2009 and 22 March 2010); and wrongfully communicate to CPT. T.E.R., a threat to use physical resistance to the Command's attempt to effectuate a lawful order (16 June 2010). (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 March 2007 / 34 years, 21 weeks b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92Y10, Unit Supply Specialist / 3 years, 3 months, 28 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan, 30 June 2008 to 12 June 2009 f. Awards and Decorations: ARCOM, NDSM, ACM-CS, OSR, NATO MDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: Confined by Military Authority (pre-trial confinement) for 9 days, 16 June 2010 until 25 June 2010. j. Diagnosed PTSD / TBI / Behavioral Health: Lincoln Trail Behavioral Health System, discharge summary, dated 1 March 2010, shows that the applicant had an Axis I diagnosis of Bipolar disorder current episode depressed, severe. Rule out PTSD. Polysubstance use disorder, currently in a state of remission. The final diagnosis was Axis I diagnosis was polysubstance dependency, continuous and Bipolar disorder current episode depressed, moderate in severity. He was prescribed Seroquel XR. Lincoln Trail Behavioral Health System, discharge summary, dated 6 April 2010, relates the applicant had an Axis I diagnosis of major depressive disorder not otherwise specified. Rule out bipolar affective disorder. Opiate and cocaine dependence. He was prescribed Depakote ER 250 mg twice a day, Seroquel XR 50 mg at 6 p.m., and Strattera 80 mg in the morning. Lincoln Trail Behavioral Health System, Psychiatric Evaluation, dated 3 May 2010, revealed the applicant had an Axis I diagnosis of polysubstance dependence and major depressive disorder. Rule out bipolar disorder. Orange Regional Medical Center document, dated 5 July 2012, indicates the applicant had an admission diagnosis of PTSD. Also an Axis I diagnosis of Bipolar disorder NOS and polysubstance abuse. Axis II, some borderline personality trait. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); DD Form 214; Lincoln Trail Behavioral Health System documents (26 pages); self-authored statement; three support statements; and Orange Regional Medical Center documents (33 pages). 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 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 the characterization of service from under other than honorable conditions to general (under honorable conditions). The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's digital signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 10, by reason of in lieu of trial by court-martial, with a characterization of service of under other than honorable conditions. Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the DD Form 214 shows a Separation Code of KFS (i.e., in lieu of trial by court-martial), with a reentry eligibility (RE) code of 4. The applicant seeks relief contending, he did not deserve the type discharge "under other than honorable" because it was too harsh for the charges levied. A discharge under other than honorable conditions is normally considered appropriate. The applicant further contends, at the time of the theft of items from the armory he was a young Soldier. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant also contends, he was also hospitalized by mental health for PTSD; he was hospitalized at the Lincoln Trail Behavioral Health System, he was diagnosed with a bipolar disorder, major depressive disorder and polysubstance dependence; and he was later readmitted with major depressive disorder, homicidal / suicidal ideations, opiate and cocaine dependence. Lincoln Trail Behavioral Health System documents submitted with his application shows he was diagnosed a bipolar disorder, major depressive disorder and polysubstance dependence, major depressive disorder, homicidal / suicidal ideations, opiate and cocaine dependence. The additionally contends, after he was discharged, the Orange Regional Medical Center, Middletown, NY diagnosed him with depression and PTSD. Orange Regional Medical Center documents revealed the applicant was diagnosed with PTSD. Also an Axis I diagnosis of Bipolar disorder NOS and polysubstance abuse and Axis II, some borderline personality trait. Lastly, the applicant contends, he was never advised that he could have access to an Area Defense Counselor; he feels like his chain of command threw him under the bus. 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 third party statements provided with the application speak highly of the applicant. However, the persons providing the character reference statement were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, these statements did not provide any evidence sufficiently compelling to overcome the presumption of government regularity. If the applicant desires a personal appearance hearing, it is 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 8 March 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change 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 AR20170010294 1