1. Applicant's Name: a. Application Date: 5 November 2017 b. Date Received: 9 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 general (under honorable conditions). The applicant seeks relief contending, in effect, needs an upgrade in order to progress professionally for oneself and the family. The applicant made youthful mistakes and the unprofessional conduct affected the applicant's commitment to the military and foremost the country. The discharge was improper because the applicant was 17 years old and had issues with other Soldiers in the unit. The applicant acted out of fear and not professional before the discharge was executed. 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 diagnoses of Adjustment Disorder/Adjustment Disorder with Disturbance of Conduct. VA records only contain DoD content regarding the applicant. In summary, the applicant does not have 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 5 August 2019, and by a 5-0 vote, the Board determined the characterization was improper. The record shows the government introduced into the discharge packet the results of a biochemical test which was coded CO (Command Directed). The inclusion of the test is limited use information as defined in AR 600-85 and is protected evidence. Use of this information mandates award of an honorable characterization of service. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. However, 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 13 March 2009 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 4 February 2009 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; while he was on emergency leave from Iraq, he decided not to return and was AWOL from (16 September 2008 until 17 October 2008). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 4 February 2009 (5) Administrative Separation Board: Applicant unconditionally waived consideration of his case by an administrative separation board. (6) Separation Decision Date / Characterization: 5 March 2009 / the separation authority approved the applicant's unconditional waiver and directed separation with an Under Other Than Honorable Conditions discharge. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 July 2007 / 3 years, 19 weeks b. Age at Enlistment / Education / GT Score: 17 years / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-3 / 19D10, Cavalry Scout / 1 year, 6 months, 17 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None / Iraq (9 June 2008 - 15 September 2008) f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: A negative counseling statement dated, 29 December 2008, for being notified of pending separation action. Summary Court-Martial dated, 31 December 2008; the applicant was found guilty of desertion and AWOL. He was sentenced to reduction to PVT / E-1 and confinement for 15 days. The Summary Court-martial is not contained in the available record; see confinement order. Positive urinalysis test coded CO (Competence for Duty/Command Direct/Fitness for Duty), dated 21 February 2009, for THC. i. Lost Time / Mode of Return: AWOL for 31 days, 16 September 2008 to 16 October 2008, returned to unit; Confinement Military Authority for 10 days, 31 December 2008 to 11 January 2009. Total lost time was 41 days. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 19 December 2008, relates the applicant had an Axis I diagnosis of depressive disorder, not otherwise specified (NOS). Although he met criteria for depressive disorder (NOS), the disorder did not rise to the level that would render the applicant unfit for continued service as prescribed in Chapter 3, AR 40-501. There was no psychiatric disease or defect which warrants disposition through medical channels. He was screened for PTSD and mTBI and neither was found. He was psychiatrically cleared for any administrative action deemed appropriate by command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 2193 (two pages); DD Form 214; three support statements, two handwritten (one from spouse); and a statement from applicant's employer. 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 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 general (under honorable conditions). The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms the government introduced into the discharge packet the results of a biochemical test conducted on 21 February 2009, which was coded CO (Competence for Duty Command Direct/Fitness for duty). This is limited use information as defined in AR 600-85 and is protected evidence. Use of this information mandates award of an honorable characterization of service. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 5 August 2019, and by a 5-0 vote, the Board determined the characterization was improper. The record shows the government introduced into the discharge packet the results of a biochemical test which was coded CO (Command Directed). The inclusion of the test is limited use information as defined in AR 600-85 and is protected evidence. Use of this information mandates award of an honorable characterization of service. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable. However, 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: Honorable 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 AR20170018303 1