1. Applicant's Name: a. Application Date: 6 September 2017 b. Date Received: 18 October 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, he was under psychiatric care and on medication-he was not in his proper mind when he went AWOL. He believes he had combat-related PTSD from serving in Bosnia in 1996, which was not diagnosed properly. His chain of command was broken and unstable due to a lot of changes in leadership. His anxiety and other behavioral disorders were not properly addressed. He is currently diagnosed with PTSD and many other behavioral health issues. He is receiving social security disability for his medical conditions. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant had a medical or behavioral health condition that was partially mitigating for the offenses which led to his separation from the Army. Both the Electronic military medical records (AHLTA) and VA medical records are void of any medical or behavioral health diagnoses during SMs period of service. Medical Record from TriWest Healthcare Alliance dated 26 April 1999 (prior to first AWOL), indicated SM reported anxiety, family separation and family and marital problems. His self-reported health status was noted to be Excellent; however, he reported 6-10 outpatient visits and no hospitalizations in the past year. ER note dated 22 March 2000 (prior to first AWOL) indicated SM reported problems at home and depression. Medical records from UHS Cedar Springs Behavioral Health Systems indicated SM received treatment from 22-24 March 2000; however his notes were destroyed due to them being over 10 years old. SM was referred by the Social Security Administration/Ohio Division of Disability Determination to assess for a mental disorder on 7 April 2016. SM reported having issues since 2000 in the military. He reported marital problems during that time to include going through a divorce, and military stress stemming from his duties of clearing IEDS which contributed to anxiety and thoughts about dying. He reported having anxiety attacks and being psychiatrically hospitalized while in the military. He endorsed occasional Depression and Anxiety, OCD behaviors, and described symptomatology suggestive of PTSD. The diagnoses of Bipolar Disorder, PTSD, Generalized Anxiety Disorder, and Social Phobia were per his report. The medical examiner diagnosed him with PTSD, Major Depression, Panic Disorder, and Generalized Anxiety Disorder; however, based on a review of the psychiatric evaluation, his reported symptoms appear to be best attributed to a diagnosis of Generalized Anxiety Disorder and Panic Disorder. He does not appear to meet criteria for PTSD, Depression, or OCD, as the diagnostic criteria for the other diagnoses were not clearly indicated in the report. The Shelby County Counseling Center medical note from 2 April 2015 indicated SM had some PTSD symptoms from military experiences. Additional medical notes, also noted use of psychiatric medications but were not indicative of a history of counseling. In summary, although SM presents with a history of behavioral health concerns, there is a lack of information regarding his mental health state during the period of misconduct and from 2000-2015; therefore, his current diagnoses are not fully mitigating for roughly 6 years of AWOL. In a records review conducted at Arlington, VA on 18 May 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 / Under Other Than Honorable Conditions b. Date of Discharge: 18 January 2006 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 21 December 2005, the following charge was preferred; however, the recommendations to refer to trial by a special court-martial empowered to adjudge a bad conduct discharge are NIF: Charge: Violations of Article 86, UCMJ, two specifications of being AWOL on 18 May 2000, and remained absent until 1 August 2000, and being AWOL on 4 August 2000, and remained absent until 16 December 2005. (2) Legal Consultation Date: NIF (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 (NIF) (4) Recommended Characterization: Under Other Than Honorable Conditions (NIF) (5) Separation Decision Date / Characterization: NIF / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 November 1998 / 3 years b. Age at Enlistment / Education / GT Score: 18 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 21B10, Combat Engineer / 4 years, 10 months, 13 days (includes excess leave for 27 days from 23 December 2005 to 18 January 2006, creditable for all purposes except pay and allowances) d. Prior Service / Characterizations: RA (11 August 1995 to 18 November 1998) / HD e. Overseas Service / Combat Service: Germany, Bosnia (11 March 1996 to 25 November 1996) / None f. Awards and Decorations: AAM; AGCM; NDSM-2; GWOTSM; AFEM; AFSM; ASR; OSR; NATO MDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The following record of evidence includes a charge sheet described at the preceding paragraph 3c(1): Report of Return of Absentee, dated 10 August 2000, with its associated documents show the applicant surrendered to military authorities on 10 August 2000. It also reflected that the absence began on 18 May 2000. Report of Return of Absentee, dated 16 December 2005, with its associated documents show the applicant was apprehended by civil authorities on 16 December 2005. It also reflected that the absence began on 4 August 2000. i. Lost Time / Mode of Return: 2,038 days (AWOL: 15 May 2000 to 31 July 2000, for 78 days, and 4 August 2000 to 15 December 2005, for 1,960 days) / the first AWOL occurrence, the applicant surrendered to military authorities, and the second occurrence, he was apprehended by civil authorities j. Diagnosed PTSD / TBI / Behavioral Health: The applicant's documentary evidence: Disability Examination, dated 7 April 2016, indicates the applicant had diagnoses of bipolar disorder, generalized anxiety disorder, social phobia, obsessive-compulsive disorder, and PTSD. Based on the examination, the diagnoses were PTSD; Major Depressive Disorder; Recurrent, Severe; Panic Disorder; and Generalized Anxiety Disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 6 September 2017; two separate self-authored statements; VA Form 21-4138 (Statement in Support of Claim); Reports of Medical History and Medial Examination, dated 11 April 1995; Health Records, dated 21 November 1996, 5 March 1997, 21 August 1998, 22 October 1998; 26 April 1999, 14 and 19 January 2000, 22 March 2000, 14 April 2000; DD Form 214; How the Hagel Memo Works information sheet; social security documents, dated 7 August 2017; disability determination/examination documents, dated 7 April 2016; Adult Diagnostic Assessment documents; Session Information, dated 31 July 2015, 14 August 2015, 11 September 2015, 8 and 9 October 2015, 6 November 2015, 8 and 22January 2016, and 19 February 2016; 2005, 2006, 2007, 2009, and 2010 medical charts; medical correspondence, dated 8 February 2016; hospital laboratory reports, dated 4 September 2015, and 11 March 2015; History and Physical Report, dated 5 February 2016 (18 pages); hospital laboratory report, dated 1 September 2015, and 10 March 2015; character reference/letter of support, dated 20 August 2017; character reference statement, undated; character reference statement, dated 14 August 2017; email correspondence, dated 24 August 2017; 2 items depicted; NATO Medal certificate; scroll of appreciation; two certificates of appreciation; certificate of service; certificate of achievement; two certificates of training; four pages of illegible depiction of applicant's service in Bosnia; and two court documents, decree of marriage dissolution and judgment decree of divorce. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. 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 his under other than honorable conditions discharge to honorable. The applicant's available record of service and the issues 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. However, the applicant's request, in writing, for a discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court- martial is not available. In that request, the applicant would have 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. The applicant's record is void of the DD Form 214. However, the applicant's documentary evidence provided a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. The DD Form 214 indicates the applicant 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, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. If the applicant desires a personal appearance hearing, it would be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the complete 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. The applicant contends his behavioral health issues contributed to his misconduct by going AWOL. A careful review of the applicant's documentary evidence shows Post-Traumatic Stress Disorder diagnosis and other behavioral health issue symptoms. If the Board determines the applicant's behavioral health issues symptoms existed and they were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. 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 the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 18 May 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 a New Separation Order: No b. Change Characterization to: No Change 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 AR20170017519 5