1. Applicant's Name: a. Application Date: 14 August 2017 b. Date Received: 21 August 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests and upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, that while on active duty he never got into any trouble. He contends that he was receiving medical attention while on Active Duty before his discharge was at Red River Hospital in Wichita Falls, TX. He was there for PTSD, Anxiety, Depression, and Substance Use. Since his discharge he has kept up with seeing a psychiatrist and therapist and even done an anger management class at the VA. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has AHLTA diagnoses of Alcoholism and Opioid Dependence. He had two ASAP visits because of the latter diagnosis. He was on a self-referral to ASAP. In a note on 03 August 2012. The applicant said he was seeking treatment for alcohol and opiate use. He said he had a history of daily alcohol use, and said that when he stops using alcohol, he switches to opiates. The provider judged him to have tolerance, inability to control use, and inability to remain sober. He was referred for inpatient treatment at Red River Hospital. The JLV did not show a VA SC disability percentage, but did show VA problem list diagnoses of Other Bipolar Disorder, Anxiety NOS, and Homelessness. This was a Chapter 10 discharge for AWOL of over 1 month, and no Separation Mental Status Exam is required for Chapter 10 cases. The available records did not show a mitigating mental health condition. In a records review conducted at Arlington, VA on 7 March 2018, and by a 3-2 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 / General (Under Honorable Conditions) b. Date of Discharge: 14 February 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 November 2012 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 1 November 2012, the applicant was charged with being absent without leave from his unit from 13 September 2012 until his return on 27 October 2012. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 January 2011 / 3 years, 14 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 103 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 2 years, 2 months, 4 days d. Prior Service / Characterizations: USAR, 26 October 2010 to 19 January 2011 / HD e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: AAM, NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: AWOL 45 days (13 September 2012 to 27 October 2012) / mode of return unknown. The applicant DD Form 214 makes reference to 105 days of excess leave (2 November 2012 to 14 February 2013) j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: None 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 general (under honorable conditions) discharge to honorable. 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. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The general (under honorable conditions) discharge received by the applicant was authorized under the regulatory guidance. The record documents no acts of significant achievement or valor, as the command considered the applicant's overall service record. Therefore, it appears it did not support the issuance of an honorable discharge by the separation authority at the time of discharge. The applicant seeks relief contending, that while on active duty he never got into any trouble. He contends that he was receiving medical attention while on Active Duty before his discharge at Red River Hospital in Wichita Falls, TX. He was there for PTSD, Anxiety, Depression, and Substance Use. Since his discharge he has kept up with seeing a psychiatrist and therapist and even done an anger management class at the VA. The applicant contention were noted; however, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his contentions. The applicant's statements alone does not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. 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 7 March 2018, and by a 3-2 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20170014491 1