1. Applicant's Name: a. Application Date: 1 November 2017 b. Date Received: 6 November 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable. The applicant seeks relief contending, in effect, suffered from PTSD at the time of offense. The applicant's military record was impeccable and served for more than ten years without any adverse action. The applicant has sought help for PTSD. 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 the following Behavioral Health (BH) diagnoses while on active duty: Acute PTSD, Depression with Anxiety. In April 2010, the applicant was diagnosed and treated for PTSD. Review of the Veteran Affairs (VA) records indicates the applicant is 70% service connected for PTSD. In summary, the applicant has a behavioral health condition, which mitigates some of his misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 12 December 2018, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, and the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD), and as a result it is inequitable. 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: 24 September 2010 c. Separation Facts: Yes (1) Date Charges Were Preferred: 8 July 2010 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which shows on 8 July 2010, the applicant was charged without authority, absented himself from his unit (29 January 2010 until 1 February 2010); fail to obey a lawful general order, by wrongfully maintaining a prohibited relationship with SPC X. between (11 November 2009 and 28 March 2010); wrongfully use MDMA, a Schedule I controlled substance (27 March 2010); steal money, of a value of more than $500, property of the U.S. Army between (1 August 2007 and 11 November 2009); and a married man, did on divers occasions wrongfully have sexual intercourse with SPC X., a woman not his wife between (11 November 2009 and 28 March 2010). (3) Recommended Characterization: NIF (4) Legal Consultation Date: 16 September 2010, the applicant requested discharge in lieu of trial by court-martial. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 17 September 2010 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 May 2009 / 365 days / OAD / the General Court-Martial Convening Authority directed the applicant's retention beyond his scheduled demobilization date of 30 April 2010; pending a criminal investigation with a view to trial by court-martial. b. Age at Enlistment / Education / GT Score: 33 years / HS Graduate / 93 c. Highest Grade Achieved / MOS / Total Service: E-6 / 31B10, Military Police / 11 years, 4 months, 23 days d. Prior Service / Characterizations: RA, 30 April 1999 29 April 2003 / HD USARCG, 30 April 2003 to 2 November 2005/ / NA USAR, 3 November 2005 to 14 February 2007 / NA AD, 15 February 2007 to 26 April 2009 / HD USAR, 27 April 2009 to 1 May 2009 / NA (Concurrent Service) e. Overseas Service / Combat Service: Hawaii / SWA / Kuwait / Iraq, 2 November 2005 to 22 October 2006 / Afghanistan, 1 May 2009 to 30 April 2010 f. Awards and Decorations: ARCOM, AAM, AGCM, NDSM, GWOTEM, ACM-CS, ICM- 2CS, GWOTSM, AFRM-M DEV, NOPDR. ASR, OSR g. Performance Ratings: July 2005 to 31 October 2006, Fully Capable 1 February 2007 to 31 January 2009, Among The Best 1 February 2009 to 31 January 2010, Fully Capable 31 January 2010 to 17 September 2010, Marginal h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: AWOL for three days, 29 January 2010 until 1 February 2010, mode of return unknown; however, this period is not annotated on the 22 Form 214 block 29, dates of time lost during this period. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (two pages). 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 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 the characterization of service from under other than honorable conditions to honorable. The applicant's available 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 under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. His record documents several acts of significant achievement and valor to include combat service x2; however, it did not support the issuance of an honorable or a general discharge by the separation authority at the time of separation. The applicant seeks relief contending, he suffered from PTSD at the time of offense. The service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant further contends, his military record was impeccable and he served for more than ten years without any adverse action. 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 also contends, he sought help for his PTSD. The applicant is to be commended for his effort; however, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. 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 12 December 2018, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, and the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD), and as a result it is inequitable. 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 AR20170018299 1