1. Applicant's Name: a. Application Date: 31 July 2017 b. Date Received: 2 August 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 honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, the discharge should be upgraded to honorable with the possibility of medical. The discharge was improper because the applicant was suffering from severe mental issues at the time. The applicant was undergoing a psychiatric medical board when the incident occurred. The applicant was hospitalized before going AWOL and the applicant's ability to make proper decisions was severely impaired. The applicant attempted suicide while AWOL and none of the leadership came to check, fully knowing the severity of the mental condition. The applicant underwent several traumatic events which included the death of a close friend, the only brother was murdered, physical and sexual assault, children were taken from school, and was separated from an abusive husband. The applicant was under stress and mental stability was a factor. With no leadership to turn to, the applicant broke down completely. The applicant is 100 percent permanent and total disabled through the VA which provides great care for the PTSD and other 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 contain no content regarding the applicant. Veterans Affair (VA) medical records indicate the applicant is 70% service connected for PTSD. Based on the available information, the applicant has a mitigating Behavioral Health condition and therefore is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 30 November 2018, and by a 3-2 vote, the Board determined the discharge is inequitable based on the applicant's length of service and the circumstances surrounding the discharge/AWOL (i.e. post-service diagnosis of PTSD). Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable, changed the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF. (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: 21 November 2003 c. Separation Facts: Yes (1) Date Charges Were Preferred: 27 October 2003 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 27 October 2003, the applicant was charged without authority and with intent to remain away therefrom permanently, absented herself from her unit and did remain so absent in desertion until she was apprehended (23 June 2003 until 23 October 2003). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 30 October 2003, the applicant requested discharge in lieu of trial by court-martial. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 14 November 2003 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 April 2000 / 6 years / block 12a on the applicant's DD Form 214 dated entered active duty is incorrect, should read as annotated on the Case Report and Directive. See current enlistment contract. b. Age at Enlistment / Education / GT Score: 19 years / HS Graduate / 117 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91P10, Radiology Specialist / 3 years, 2 months, 18 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: AWOL for 120 days, 23 June 2003 until 22 October 2003; surrendered to military authorities. j. Diagnosed PTSD / TBI / Behavioral Health: VA rating decision, dated 17 February 2017, indicates the applicant was service connected for bipolar disorder with post-traumatic stress disorder (also claimed as depression and anxiety) was granted with an evaluation of 70 percent effective 23 August 2016. VA document, dated 31 July 2017, relates the applicant was assigned a new combined evaluation of 90 percent and being paid at the 100 percent rate because she is unemployable due to her service-connected disabilities. 5. APPLICANT-PROVIDED EVIDENCE: Online application; letter, Director, Case Management Division; applicant's handwritten response to case management; VA Rating Decision (three pages); VA, letter to applicant, explaining how to obtain commissary store and exchange privileges form the Armed Forces (two pages); DD Form 214; and a letter, VA summary of benefits (two 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. 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 honorable and a change to the narrative reason for separation. The applicant's record of service, the issues and documents submitted with her 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. 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. Her 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 separation. 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, her discharge should be upgraded to honorable with the possibility of medical; she was undergoing a psychiatric medical board when the incident occurred; and her discharge was improper because she was suffering from severe mental issues and the time. Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. The applicant further contends, she was hospitalized less than two days before she went AWOL and her ability make proper decisions was severely impaired; she attempted suicide while she was AWOL and none of her leadership came to her apartment to check on her, fully knowing the severity of her mental conditions; she underwent several traumatic events which included the death of close friend, her only brother was murdered, physical and sexual assault, her children were taken from school, separated from her abusive husband; and she was under stress and her mental stability was a factor; and with none in leadership to turn to, she broke down completely. The record of evidence does not demonstrate that she sought relief through her command or the numerous Army community services like the Chaplain, Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, she has provided no evidence that she should not be held responsible for her misconduct. The applicant also contends, she is 100 percent permanent and total disabled through the VA and provides great care for her PTSD and other issues. The applicant submitted a VA rating decision, which indicates she was service connected for bipolar disorder with post-traumatic stress disorder (also claimed as depression and anxiety) was granted with an evaluation of 70 percent effective 23 August 2016. VA document, dated 31 July 2017, relates the applicant was assigned a new combined evaluation of 90 percent and being paid at the 100 percent rate because she is unemployable due to her service-connected disabilities. 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 30 November 2018, and by a 3-2 vote, the Board determined the discharge is inequitable based on the applicant's length of service and the circumstances surrounding the discharge/AWOL (i.e. post- service diagnosis of PTSD). Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable, changed the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, paragraph 5-3 e. Change SPD / RE Code to: JFF / 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 AR20170011765 1