1. Applicant's Name: a. Application Date: 25 October 2017 b. Date Received: 30 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 general (under honorable conditions). The applicant seeks relief contending, in effect, has been diagnosed with PTSD and believes this condition was a vital role in the other than honorable discharge. The applicant has been battling with things that have been completely out of character. The applicant did not report to the duty station because things going on in the applicant's mind and in the family, which triggered the applicant to become depressed and completely overwhelmed with life. The applicant continued to have those type of episodes in life because of events that happened during deployment. The applicant states, the Department of Veterans Affairs' records reflect the applicant does not have any periods of honorable service. The applicant had a very promising career and never had been in any trouble or bad evaluations. The applicant did everything asked, but could not cope with distinguishing reality from the confusing and depressing things in life. The applicant requests another chance at life, because this discharge has hindered the applicant and family from being successful and productive in life. The applicant sought help before discharge, but PCS'd in the process and could not overcome the depression and cope with day to day activities. Recently the applicant has seen a doctor who understands and has knowledge of what was experienced. The applicant is limited in receiving help at times because of the 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 VA has diagnosed the applicant with PTSD and Depressive Disorder. The applicant is 70% service-connected for PTSD from the VA. 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 9 August 2019, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD), and a prior period of honorable service. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and 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, and a change to the reentry eligibility (RE) code to 1. (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: 3 October 2011 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 27 June 2011, the applicant was charged with two specifications of violating Article 86, UCMJ, for being AWOL from 1 August 2009 and 16 April 2010; and, 14 October 2010 and 8 May 2011. (2) Legal Consultation Date: 29 August 2011 (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: 15 September 2011 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 March 2007 / Indefinite b. Age at Enlistment / Education / GT Score: 30 / 3 years college / 113 c. Highest Grade Achieved / MOS / Total Service: E-7 / 88M4X, Motor Transport Operator / 14 years, 7 months, 24 days d. Prior Service / Characterizations: RA, 1 November 1995 - 15 June 1998 / HD RA, 16 June 1998 - 17 July 2010 / HD RA, 18 July 2010 - 28 July 2004 / HD RA, 29 July 2004 - 20 March 2007 / HD e. Overseas Service / Combat Service: Egypt, Germany, SWA / Afghanistan (12 March 2008 - 9 March 2009) / Iraq (10 March 2003 - 14 October 2003) f. Awards and Decorations: ACM-CS, BSM, ARCOM-4, AFCOM, JSAM, AAM-3, ASUA, AGCM-4, NDSM-BS, GWOTSM, NCOPDR-2, OSR-3, MOVSM, CAB g. Performance Ratings: 27 October 2006 - 31 May 2007 / Among The Best 1 June 2007 - 31 May 2008 / Among The Best 1 June 2008 - 31 May 2009 / Among The Best h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. Six Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 1 August 2009; From "AWOL" to "Dropped From Rolls (DFR)," effective 1 September 2009; From "DFR" to "PDY," effective 16 April 2010; From "PDY" to "AWOL," effective 14 October 2010; From "AWOL" to "DFR," effective 14 November 2010; From "DFR" to "PDY," effective 8 May 2011; i. Lost Time / Mode of Return: 462 days AWOL, 1 August 2009 - 15 April 2010 / Apprehended by Civil Authorities AWOL, 14 October 2010 - 7 May 2011 / Apprehended by Civil Authorities j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of his VA disability rating decision, dated 19 August 2016, which reflects the applicant was rated 70 percent disability for PTSD with alcohol use disorder (also claimed as sleeping problems). 5. APPLICANT-PROVIDED EVIDENCE: Four DA Forms 2166-8; DD Form 214; DD Form 293; VA Rating Decision; VA service verification; self-authored statement; character statement; Enlisted Record Brief; Sergeant Audie Murphy Award; Drill Sergeant School Diploma; JSAM Citation; Volunteer Service Award certificate; Multinational Force and Observers certificate; Certificate of Wartime Service. 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 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 the VA has granted him a service connected disability for PTSD. He contends it was this 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. The applicant contends that he had good service which included a two combat tours. 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 applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 9 August 2019, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD), and a prior period of honorable service. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and 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, and a change to the reentry eligibility (RE) code to 1. 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 / RE-1 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 AR20170017762 1