1. Applicant's Name: a. Application Date: 1 July 2017 b. Date Received: 1 August 2017 c. Counsel: N/A 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The Former Service Member's mother did not properly annotate the enclosed application requesting a possible discharge upgrade. She requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. However, the record of evidence shows at the time of discharge the Former Service Member was issued an under other than honorable conditions characterization of service. The Former Service Member's mother seeks relief contending, in effect, earned numerous awards and decorations from dedication. The Former Service Member reported having war trauma and grief issues. The Former Service Member was hospitalized due to mental health issues and subsequently diagnosed with PTSD, severe anxiety and prescribed medications. The Former Service Member again sought help for severe PTSD in January 2013 and was denied treatment. The Former Service Member's mother states the Army broke her son and then refused to help. 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 Opioid-Induced Mood Disorder, Substance Use Disorders, Opiate Dependence, Cannabis Abuse, Anxiety, Adjustment Disorder with Mixed Emotional Features, Adjustment Disorder with Depressed Mood, and Anxiety Disorder NOS. The Former Service Member does not have any VA records. In summary, although the Former Service Member had a BH diagnosis, due to the basis of separation not being in file, a medical mitigation cannot be made. In a records review conducted at Arlington, VA on 8 March 2019, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's quality of service, to include combat service. 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: 14 February 2013 c. Separation Facts: No (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 October 2009 / 6 years, 17 weeks b. Age at Enlistment / Education / GT Score: 19 years / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 19K10, M1 Armor Crewman / 3 years, 1 month, 29 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq, 20 August 2010 to 5 August 2011 f. Awards and Decorations: ARCOM, NDSM, ICM-2CS, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: AWOL for 63 days, 13 August 2012 to 15 October 2012; apprehended by civil authorities. j. Diagnosed PTSD / TBI / Behavioral Health: VA Form 9, dated 1 September 2014, revealed that the Former Service Member suffered chronic lower-back and shoulder pain, bad headaches and sleeping problems. He was prescribed medication for these conditions and diagnosed with PTSD, anxiety, and addiction from the medication given during his time serving. Red River Hospital, multidisciplinary discharge plan, dated 28 November 2012, relates that the Former Service Member had PTSD symptoms of hypervigilance, some nightmares, memory lapses and high anxiety. The Discharge plan also shows that the Former Service Member had an Axis I diagnosis of opiate dependence. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); DD Form 214; report of casualty; Red River Hospital, Psychiatric Evaluation (six pages); excerpt of Facebook page; and VA Form 9, Appeal to Board of Veterans' s Appeals. 6. POST SERVICE ACCOMPLISHMENTS: NA 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 Former Service Member's mother requests an upgrade of the characterization of service from under other than honorable conditions to honorable. The Former Service Member's available record of service, the issues and documents submitted with the application were carefully reviewed. The Former Service Member's record is void of the specific 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 not 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 Former Service Member 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 Former Service Member's mother seeks relief contending, he earned numerous awards and decorations from his dedication. The Former Service Member service accomplishments and the quality of his service prior to the incident (s) that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his efforts. The Former Service Member's mother contends, he reported having war trauma and grief issues; he was hospitalized due to mental health issues and subsequently diagnosed with PTSD, severe anxiety and prescribed medications; and the Former Service Member again sought help for severe PTSD in January 2013, he was denied treatment; and the Former Service Member's mother states the Army broke her son and then refused to help him. The Red River multidisciplinary discharge plan, shows that the Former Service Member had PTSD symptoms of hypervigilance, some nightmares, memory lapses and high anxiety. The discharge plan also shows that the Former Service Member had an Axis I diagnosis of opiate dependence. Further, the VA Form 9, revealed that the Former Service Member suffered chronic lower-back and shoulder pain, bad headaches and sleeping problems. He was prescribed medication for these conditions and diagnosed with PTSD, anxiety, and addiction from the medication given during his time serving. If the Former Service Member mother desires a personal appearance hearing, it is the responsibility of the individual who represent him 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 determined that the characterization of service was inequitable based on the applicant's quality of service, to include combat service. 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 AR20170012339 1