1. Applicant's Name: a. Application Date: 19 June 2017 b. Date Received: 18 July 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge. The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge.. The applicant seeks relief contending, in effect, that the discharge was linked to PTSD which was not recognized at the time of discharge. The applicant believes in the fair nature of discharge, should be changed to Condition which interfered with duty (CIWD), which since time of decision has been deemed PTSD. The applicant contends that at the time of Court-Martial, feels that as an African-American Soldier with no major disciplinary actions in the file prior to deployment in OEF/ OIF, other than the incident described in the personnel records, the applicant was left with no recourse other than to relinquish my duty of that of a United States Army Service member. The applicant contends as a result of the court-martial, the veteran status, as well as combat service records and Combat Medical Badge, were stripped away. Based on new statistics and ongoing studies in all service members post OIF deployment, PTSD was not recognized as a debilitating mental condition until years afterwards when veteran suicides spiked tremendously, which is now an epidemic of 22 a day. The applicant also contends that it appears that the tour of duty in Iraq serving in the OEF/OIF Campaign was dropped from the DD Form 214. It does not have service dates for the campaign in which the applicant served nor does it possess the medals and awards earned including a Combat Medical Badge, in which the applicant does have phots evidence in one's possession and sworn statements from service-members present during the pinning ceremony. 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 no BH diagnoses while on active duty. The applicant does not currently have a service-connected rating from the VA. The VA has diagnosed the applicant with Major Depressive Disorder and PTSD. In summary, the applicant's BH diagnoses are not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 23 August 2019, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service, homelessness, and the circumstances surrounding the discharge (i.e. post-service diagnoses of OBH and PTSD). 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: 1 March 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 February 2004 (2) Basis for Separation: The evidence of record contains two DD Form's 458, Charge Sheets which indicates on 4 December 2003, the applicant was charged with failing to go at the time prescribed to his appointed place of duty on 18 November 2003, 19 November 2003, and 20 November 2003. The second Charge Sheet indicates that on 5 February 2004, the applicant was charged with being absent from his unit without authority from 6 January 2004 until his return on 13 January 2004 and 15 January 2004 until his return on 30 January 2004; and For failure to go at the time prescribe to his place of duty on 5, 8, 9,10,11,24, and 29 December 2003. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 10 February 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 13 February 2004 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 October 2001 / 4 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91W10, Nuclear Medical Specialist / 2 years, 3 months, 11 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None / Iraq (NIF) f. Awards and Decorations: ARCOM, ASR, CMB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Summarized Record of Proceedings Under Article 15, UCMJ, dated 7 November 2003, for being absent from his unit (AWOL) 25 September 2003, 27 October 2003, and 28 October 2003. The punishment consisted of extra duty and restriction for 14 days. Summary Court-Martial, imposed on 4 December 2003 for FTR on 17 November 2003, 18 November 2003, 19 November 2003, and 20 November 2003. Punishment imposed was not found in the available record. Several negative counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: AWOL for a total of 27 days: 24 days (6 January 2004 to 29 January 2004) / mode of return unknown; and 3 days (14 November 2003 to 16 November 2003) / mode of return unknown. j. Diagnosed PTSD / TBI / Behavioral Health: NIF; however, medical documents (progress notes) submitted by the applicant from the Department of Veterans Affairs show the applicant was diagnosed with an Axis I for PTSD, major depressive disorder, depressed R/O bipolar homeless, Axis III tinnitus, Axis IV stressors: moderate to severe chronic PTSD homeless. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; online application; order for award of the Combat Medical Badge; Combat Medical Badge Roster; medical documents from the Department of Veterans Affairs; and a copy of his DD Form 214 for the period of service under review. 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. The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. 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. 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 no acts of significant achievement or valor and did not support the issuance of an honorable or a general 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 applicant seeks relief contending that his discharge was linked to PTSD which was not recognized at the time of his discharge. The applicant believes fair in the nature of his discharge should be changed to Condition which interfered with duty (CIWD), which since time of decision has been deemed PTSD. The applicant contends that at the time of his Court- martial he feels that as an African-American Soldier with no major disciplinary actions in his file prior to his deployment in OEF/ OIF, other than the incident described in his personnel records, he was left with no recourse other than to relinquish his duty of that of a United States Army Service member. He contends as a result of his court-martial, his veteran status, as well as his combat service records and Combat Medical Badge, were stripped away from him. Based on new statistics and ongoing studies in all service members post OIF deployment, PTSD was not recognized as a; debilitating mental condition; until years afterwards when veteran suicides spiked tremendously, which is now an epidemic of 22 a day. The applicant's contentions were noted along with the independent medical documents submitted by the applicant. However, the fact the Veterans Administration has granted the applicant treatment for medical conditions the applicant suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. The applicant also contends that it appears that his tour of duty in Iraq serving in the OEF/OIF Campaign was dropped from his DD Form 214. It does not have his service dates for the campaign in which he served nor does it possess his medals and award earned including his Combat Medical Badge, in which he does have phots evidence in his possession and sworn statements form service-members present during the pinning ceremony. This issue does not fall within the purview of this Board; therefore, it will be considered by the Army Board for Correction of Military Records (ABCMR) under a separate case number (AR20190010292). 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 23 August 2019, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service, homelessness, and the circumstances surrounding the discharge (i.e. post-service diagnoses of OBH and PTSD). 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 AR20170010764 1