1. Applicant's Name: a. Application Date: 30 September 2017 b. Date Received: 19 December 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, served the country honorably. The applicant was just starting to understand the severity of PTSD at the time, was taking several different medications, wasn't thinking clearly and went AWOL. 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 BH diagnoses while on active duty: Adjustment Disorder with anxiety and depressed mood, Alcohol Dependence, Anxiety Disorder NOS, Cannabis Dependence, and experiencing symptoms of PTSD. VA records indicate the applicant has been diagnosed with PTSD, Panic Disorder, Cannabis Dependence, and Anxiety Disorder. The applicant is 50% service-connected for PTSD. In summary and in accordance with the Liberal Guidance memorandum, the applicant has a mitigating BH condition for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 14 December 2018, and by a 5-0 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 PTSD diagnoses), 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 to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (AWOL) / AR 635-200, Paragraph 14-12c(1) / JKD / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 26 June 2012 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 30 May 2012 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; being AWOL x2 (11 July 2011 to 25 July 2011) and (23 August 2011 to 3 April 2012). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 6 June 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 June 2012 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 April 2010 / 6 years b. Age at Enlistment / Education / GT Score: 19 years / GED Certificate / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 2 years, 11 months, 25 days d. Prior Service / Characterizations: RA, 6 November 2008 to 17 April 2010 / HD e. Overseas Service / Combat Service: SWA / Afghanistan, 13 February 2010 to 14 February 2011 f. Awards and Decorations: ARCOM, AAM, NDSM, ACM-CS, GWOTSM, ASR, OSR, NATO MDL, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 12 August 2011, for being AWOL (11 July 2011 until 15 July 2011); reduction to PVT / E-1, forfeiture of $733 pay for two months, extra duty for 45 days and restriction for 45 days (suspended). Report of Mental Status Evaluation, dated 7 May 2012, relates the applicant was screened for PTSD and mTBI, in accordance with OTSG/MEDCOM policy Memo 10-040. He screened negative for PTSD and mTBI. He declined further treatment and was psychiatrically cleared for Chapter 14-12b consideration per his command. The applicant received several negative counseling statements for various acts of misconduct, debt counseling and being notified of pending separation action. i. Lost Time / Mode of Return: AWOL x2 for 237 days, 11 July 2011 until 25 July 2011 for 15 days, mode of return unknown; and 23 August 2011 until 3 April 2012 for 222 days, returned to the unit. j. Diagnosed PTSD / TBI / Behavioral Health: The applicant submitted a VA rating decision, dated 30 January 2015, revealed the applicant was service connected for PTSD with unspecified depressive disorder, cannabis and alcohol use disorder (also claimed as anxiety, depression and insomnia/nightmares). He was granted a 50 percent disabling rating, effective 29 May 2013. 5. APPLICANT-PROVIDED EVIDENCE: Online application (six pages); and a VA rating decision (two pages) and a letter, Director, Case Management Division. 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(1) allows for an absentee returned to military control from a status of absent without leave or desertion to be separated for commission of a serious offense. 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 general (under honorable conditions) to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. By the misconduct (AWOL), the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant seeks relief contending, he believes he served his country honorably. 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 further contends, he was just starting to understand the severity of his PTSD at the time, he was taking several different medications and was thinking clearly and he went AWOL. The service record contains no evidence of an in-service diagnosis of PTSD and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. 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 submitted a post-service VA rating decision which revealed he was service connected for PTSD with unspecified depressive disorder, cannabis and alcohol use disorder (also claimed as anxiety, depression and insomnia/nightmares). He was granted a 50 percent disabling rating. 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 14 December 2018, and by a 5-0 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 PTSD diagnoses), 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 to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, paragraph 14-12a e. Change SPD / RE Code to: JKN / 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 AR20170019249 1