1. Applicant's Name: a. Application Date: 5 January 2018 b. Date Received: 8 January 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, the discharge was inequitable because it was based on one isolated incident that failed to consider the real issue that occurred prior to discharge. The request for and upgrade is based on the health issues that arose from a traumatic brain injury the applicant sustained while in Advanced Individual Training on active duty. The applicant still has symptoms of the injury, such as having a weaker right side of the body and slight slurred speech. The applicant would like to receive medical attention from the VA hospital in order to treat and prevent the injury symptoms from escalating in the future. The applicant states, on 8 September 2002, was injured after falling from the stairwell while coming down for roll call and hit the edge of a step. The impact of the fall fractured the cranium and became unconscious. The applicant was immediately rushed to William Beaumont Army Medical Center and underwent emergency surgery. A neurosurgeon opened a hole through the cranium in order to reduce the pressure from the nine inch hematoma and sealed the hole with a titanium plate. Two days later, the applicant awoke from a coma and remained in the hospital for about a month with symptoms from the trauma. Later, the applicant was sent on convalescent leave for two weeks and upon returning was placed on the medical board for review with a medical profile that limited the applicant from regular activity. The applicant remained at the barracks for about a year waiting for the completion of the medical board review. The applicant finally broke and went AWOL due to such hard factors such as the long process; constant displacement of medical files; lack of proper protocol by medical staff to set up medical appointments correctly; the doctor leaving the Army before the completion of the medical board; having the pain and symptoms of the injury while dealing with the pressure of the drill sergeants in a harsh environment. The applicant went AWOL in order to rest and fully heal both physically and mentally, but in time, returned to Fort Sill and was discharged. Since the discharge, the applicant has graduated from a four-year university and has kept active by working and continues to be a good citizen. 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 limited medical records based on the applicant's period of service. A medical record dated 13 June 2003 indicated a diagnosis of post-concussion Syndrome. It was noted that medical board proceedings had been initiated. In summary, at the time of going AWOL, the applicant was under regular medical care for deficits related to craniotomy and was undergoing an MEB. There is evidence to support the applicant had deficits from the injury, however, there is a lack of evidence to support the contention that the applicant went AWOL due to the long processes. Based on the information available, there is insufficient evidence to determine if the applicant had a medical or behavioral health condition that was mitigating for the offenses which led to separation from the Army. In a records review conducted at Arlington, VA on 7 December 2018, and by a 5-0 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: 17 October 2005 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 14 July 2005, the applicant was charged with violating Article 86, UCMJ, for being AWOL from 16 August 2003 to 23 June 2005. (2) Legal Consultation Date: 15 July 2005 (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: 26 September 2005 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 June 2002 / 15 weeks (IADT) b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 1 year, 1 month, 29 days d. Prior Service / Characterizations: NIF e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. Three Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 16 August 2003 From "AWOL" to "Dropped From Rolls (DFR)," effective 15 September 2003; and, From "DFR" to "PDY," effective 23 June 2005. i. Lost Time / Mode of Return: 1 year, 10 months, 7 days / Surrendered to Military Authorities / Evidence of the record reflects the applicant was AWOL from 16 August 2003 to 23 June 2005, however, the lost time is not reflected on the applicant's DD Form 214. j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a medical Consult Report, dated 5 December 2002, which reflects the applicant was evaluated for medical board evaluation as result of an S/P Craniotomy for epidural hematoma he suffered in September 2002. 5. APPLICANT-PROVIDED EVIDENCE: DA Form 3349; DD Form 214; DD Form 293; medical treatment records; and, a Bachelor's Degree Diploma. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, he earned his Bachelor's Degree and is a good citizen. 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 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's service record contains documentation that supports a diagnosis of in service craniotomy for epidural hematoma; 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 the event that caused his discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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 7 December 2018, and by a 5-0 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 AR20180002301 1