1. Applicant's Name: a. Application Date: 12 January 2018 b. Date Received: 23 January 2018 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, would like to use the Veterans Administration for personal care. 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 with mixed anxiety and depressed mood, Alcohol Abuse, Alcohol Dependence, Alcohol Use Disorder, Bipolar Disorder, Major Depressive Disorder, and PTSD. The applicant does not currently have a service-connected rating from the VA. The VA has diagnosed the applicant with Major Depressive Disorder, Bipolar Disorder, and Cannabis Abuse. In summary, the applicant has 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 3 April 2020, 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. in-service and post- service diagnoses of OBHI and 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. (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: 16 February 2017 c. Separation Facts: (1) DD Form 458 (Charge Sheet): NIF (2) Legal Consultation Date: NIF (3) Basis for Separation: NIF / 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: NIF (5) Separation Decision Date/Characterization: 10 February 2017 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 April 2013 / 2 years b. Age at Enlistment / Education / GT Score: 25 / Associate's Degree / 101 c. Highest Grade Achieved / MOS / Total Service: E-6 / 92G10, Food Service Specialist / 8 years, 11 months, 1 day d. Prior Service / Characterizations: RA, 11 October 2007 - 19 April 2009 / HD RA, 20 April 2009 - 22 April 2013 / HD e. Overseas Service / Combat Service: Hawaii, SWA / Iraq (10 June 2008 - 29 May 2009 / 24 June 2010 - 15 June 2011) f. Awards and Decorations: ICM-2CS, ARCOM-2, AAM-6, MUC, AGCM-2, NDSM, GWOTSM, NCOPDR-2, ASR, OSR-2 g. Performance Ratings: 1 March 2012 - 1 October 2012 / Fully Capable 2 October 2012 - 1 October 2013 / Among The Best 2 October 2013 - 1 October 2014 / Among The Best 2 October 2014 - 29 July 2015 / Among The Best h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 21 June 2016, for being AWOL (between 31 March and 11 April 2016); and, failing to go at the time prescribed to his appointed place of duty (14 June 2016). The punishment consisted of a forfeiture of $770 pay(suspended); and, written reprimand. Twelve Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 31 March 2016; From "AWOL" to "PDY," effective 11 April 2016; From "PDY" to "Hospitalization," effective 11 April 2016; From "PDY" to "AWOL," effective 19 July 2016; From "AWOL" to "PDY," effective 11 August 2016; From "PDY" to "Hospitalization," effective 12 August 2016; From "PDY" to "AWOL," effective 12 September 2016; From "AWOL" to "PDY," effective 26 September 2016; From "PDY" to "AWOL," effective 6 October 2016; From "AWOL" to "Dropped From Rolls (DFR)," effective 7 October 2016; From "Dropped From Rolls (DFR)," to "Confined by Civil Authorities (CCA)," effective 19 January 2017; and, From "CCA" to "PDY," effective 24 January 2017. i. Lost Time / Mode of Return: 156 days AWOL, 31 March 2016 - 10 April 2016 / NIF AWOL, 19 July 2016 - 11 August 2016 / NIF AWOL, 12 September 2016 - 25 September 2016 / NIF AWOL - CCA, 6 October 2016 - 23 January 2017 / Surrendered to Military Authorities j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; DD Form 293. 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. 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 available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 10, by reason of In Lieu of Trial by Court-Martial, with a characterization of service of Under Other Than Honorable Conditions. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The evidence of record confirms the separation authority approved the applicant's discharge under the provisions of Chapter 10 AR 635-200, in lieu of trial by court-martial. Under this provision, the applicant, in consultation with legal counsel would have voluntarily requested, in writing, a discharge. In this request, the applicant would have admitted guilt to the offense, or a lesser included offense, and he would have 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 would have been met and the rights of the applicant would be fully protected throughout the separation process. There is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. However, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant contends that an upgrade of his discharge would allow veterans benefits through the VA. However, eligibility for veteran's benefits do not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 3 April 2020, 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. in-service and post-service diagnoses of OBHI and 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. 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 / 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 AR20180003305 1