1. Applicant's Name: a. Application Date: 25 September 2017 b. Date Received: 2 October 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to honorable or general (under honorable conditions). The applicant seeks relief contending, in effect, after a parachute incident, the applicant graduated Airborne school and transferred to Fort Bragg. Once there, the applicant began seeking treatment for the issues with the lower Back and legs. The applicant was in Special Forces Training and typically when one gets hurt, they remove them from the program, but the command was willing to work and keep the applicant in the program. The applicant states, one weekend the applicant was allowed to go on pass to Virginia Beach and on the way there, received a call from the spouse, who stated the applicant did not get paid. The applicant called DFAS, who could not tell the applicant why pay had stopped. The applicant then spoke to the command to attempt to figure out what had happened, but they could not tell why pay had stopped either. The applicant was then sent to another company and then was sent back to the original company. The applicant then went to retention and was told that the applicant was not supposed to be at either of the two companies. The applicant states that during this time, the applicant was still in the program and not allowed to have a vehicle or do too much. Since the applicant was not getting paid and was not attached to any company, the applicant became quite depressed. The applicant began gaining weight and experiencing depression issues. At the time, the applicant was engaged to be married and had approximately 163 days until exiting the service. The applicant was frustrated with being passed around, not feeling part of a company and not being paid. The applicant had bills that needed to be paid and was not properly dealing with or receiving treatment for the mental health issues from the initial parachute incident. These issues were not addressed at all during service. The applicant needed to leave and go to work to and get paid. The applicant had responsibilities to oneself and the spouse and decided to leave and return to the home of record. While home, the applicant went back into business and began making money again. Shortly after this, the applicant and spouse had their wedding ceremony and sometime after that was pulled over for speeding. The applicant was held for a short period and then released with a plane ticket to Fort Sill in order to turn oneself in, but was not released in time to make the flight. The applicant called a contact at Fort Knox, to inform them what had occurred and they provided the applicant with a date to report to Fort Sill and turn oneself in. The applicant drove to Fort Sill, and turned oneself in, where the applicant received an other than honorable discharge. The applicant believes one of the major contributing factors for going AWOL was not being treated properly for mental health issues, which resulted from the parachute injury. The applicant believes that if had been treated for mental health issues, after the parachute accident, that the applicant never would have gone AWOL and would have completed military service honorably. Prior to the parachute accident, the applicant never had any disciplinary issues. The applicant believes these mitigating issues and having residual PTSD, merit an upgrade, whereas they did not consider any of these circumstances at the time of discharge. 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 has a 50% service-connected rating from the VA for PTSD. In summary, the applicant had a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 24 April 2019, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service and the circumstances surrounding the discharge (i.e. post-service diagnosis of 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: 19 July 2016 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 10 September 2015, the applicant was charged with three specifications of violating Article 86, UCMJ, for: Specification I: In that the applicant, did on or about 2 August 2011, without authority, absent himself from his organization, to wit: A Company, 4th Special Warfare Training Group, located at Fort Bragg, North Carolina, and did remain so absent until on or about 6 February 2013. Specification 2: In that the applicant, did on or about 7 February 2013, without authority, absent himself from his organization, to wit: Special Processing Company, Personnel Control Facility, located at Fort Knox, Kentucky, and did remain so absent until on or about 30 June 2015. Specification 3: In that the applicant, did on or about 1 July 2015, without authority, absent himself from his organization, to wit: Personnel Control Facility, located at Fort Sill, Oklahoma, and did remain so absent until on or about 2 September 2015. (2) Legal Consultation Date: 10 September 2015 (3) Basis for Separation: Pursuant to the applicant's request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date/Characterization: 14 July 2016 / 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: 24 / HS Graduate / 131 c. Highest Grade Achieved / MOS / Total Service: E-4 / 18X10, Special Forces Recruit / 5 years, 2 months, 15 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. Seven Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 2 August 2011; From "AWOL" to "Return to Military Control," effective 6 February 2013; From "PDY" to "AWOL," effective 7 February 2013; From "AWOL" to "Return to Military Control," effective 30 June 2013; From "PDY" to "AWOL," effective 1 July 2015; From "AWOL" to "Dropped From Rolls (DFR)," effective 2 July 2015; and, From "DFR" to "PDY," effective 2 September 2015. i. Lost Time / Mode of Return: 4 years, 25 days AWOL, 2 August 2011 - 5 February 2013 / Apprehended by Civil Authorities AWOL, 7 February 2013 - 29 June 2015 / Returned to Military Control AWOL, 1 July 2015 - 1 September 2015 / Surrendered to Military Authorities j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided an Adult Psych Intake Documentation, dated 31 August 2017, which reflects the applicant was diagnosed with: PTSD, Major Depressive Disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; DD Form 293; VA Form 21-4138; Adult Psych Intake Documentation. 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 to honorable or general (under honorable conditions). 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 applicant contends that he was having issues with not being paid that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant contends that he has been diagnosed with PTSD, Major Depressive Disorder, post-service and it was this undiagnosed condition that affected his behavior and led to his discharge. However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The applicant's service record is void of a mental status evaluation. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong. Further, 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 contends that he had good service. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. 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 24 April 2019, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service and the circumstances surrounding the discharge (i.e. post-service diagnosis of 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 AR20170016933 1