1. Applicant's Name: a. Application Date: 10 June 2017 b. Date Received: 30 June 2017 c. Counsel: None 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), honorable or uncharacterized and a change to the narrative reason for separation to include the reentry eligibility (RE) code. The applicant seeks relief contending, in effect, due to the rare and extremis nature of the medical concern presented to the applicant by Army doctors in basic training, the applicant contends at the urging of said doctors to contact the childhood physician, to ascertain the opinion on whether the applicant should continue with training, should be seen as a genuine and legitimate concern that was possibly ignored by drill sergeants. Since the discharge, the applicant has honestly endeavored to lead as upright and straight forward a life as possible, no financial, legal, or criminal issues of any kind. The applicant is dedicated and committed to re-enlisting in our Army. The discharge as under other than honorable conditions was somewhat premature and inequitable. 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 applicant initially presented to Behavioral Health one week after starting Basic Training. JLV indicates that the applicant has had no contact with the Veteran Affairs (VA). Based on the available information, the applicant does not have a mitigating medical or behavioral health diagnosis which led to separation from the Army. In a records review conducted at Arlington, VA on 29 October 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's post-service accomplishments and as a result is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to uncharacterized. 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: 19 October 2007 c. Separation Facts: Yes (1) Date Charges Were Preferred: 6 June 2007 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 6 June 2007, the applicant was charged without authority, absented himself from his unit (31 March 2007 until 4 June 2007). (3) Recommended Characterization: NA (4) Legal Consultation Date: 7 June 2007, the applicant requested discharge in lieu of trial by court-martial. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 1 October 2007 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 March 2007 / 5 years b. Age at Enlistment / Education / GT Score: 22 years/ College Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 1 year, 7 months, 25 days / block 12e on the applicant's DD Form 214 total prior inactive service, category of service could not be determined after carefully examination of applicant's service record. d. Prior Service / Characterizations: NIF e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: AWOL for 65 days, 31 March 2007 until 4 June 2007; surrendered to military authorities. Also, he had 134 days of excess leave, 8 June 2007 until 19 October 2007. j. Diagnosed PTSD / TBI / Behavioral Health: Chronological Record of Medical Care, dated 26 March 2007, cites he had a problem with an adjustment disorder with mixed emotional features. There were no active medications. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); applicant's self-authored statement (nine pages); seven support statements; DD Form 214; chronological record of medical care (three pages); Chinese, Arabic and Russian Head Start 2 certificates; University of Chicago transcripts (two pages); American University transcript; and applicant's reference list (two pages). 6. POST SERVICE ACCOMPLISHMENTS: The applicant states in his application he has been studying foreign languages (including through the Defense Language Institutes' online programs). 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. AR 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. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4. 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), honorable or uncharacterized and a change to the narrative reason for separation to include the RE code. 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, general or an uncharacterized discharge by the separation authority at the time of separation. The applicant was charged with AWOL and while still in an entry-level status voluntarily requested discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court- martial. In essence the applicant's separation action was initiated while the applicant was in an entry-level status and the command had the option to characterize the service under other than honorable conditions or to describe it as uncharacterized. Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier's service will be uncharacterized when the separation is initiated while the Soldier is in entry level status. However, the command considered AWOL as serious misconduct and characterized his service as under other than honorable conditions. The applicant requests a change to the narrative reason for separation. AR 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. The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, due to the rare and extremis nature of the medical concern presented to him by Army doctors in basic training, he contends at the urging of said doctors to contact his childhood physician, to ascertain his opinion on whether he should continue with his training, should be seen as a genuine and legitimate concern that was possibly ignored by his drill sergeants. 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 applicant further contends, since his discharge he has honestly endeavored to lead as upright and straight forward a life as possible, no financial, legal, or criminal issues of any kind. The applicant is to be commended for his efforts. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued The applicant also contends, his discharge as under other than honorable conditions was somewhat premature and inequitable. Army policy states that a discharge under other than honorable conditions is normally considered appropriate. The applicant desires to reenlist and is dedicated and committed to rejoining the Army. Soldiers being processed for separation are assigned reentry codes based on their reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 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 29 October 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's post-service accomplishments and as a result is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to uncharacterized. 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: Uncharacterized 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 AR20170010922 1