1. Applicant's Name: a. Application Date: 23 February 2018 b. Date Received: 12 March 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, requests consideration due to the extenuating circumstances of being a combat veteran, who struggles with PTSD. The incident that led to being AWOL, was something that should never have happened. It was the culmination of several issues, most of which have a direct correlation to undiagnosed PTSD. The applicant suffers with insomnia and sleep disturbances, is unable to sleep for long* periods of time and avoids dreaming at all costs due to having memories of experiences in hostile enemy territory. At the time of the incident, which led to leaving the base without leave, the applicant had been awake for about a week. The applicant had fallen asleep early in the morning and a roommate and battle buddy had awakened the applicant for formation. The applicant states that when the roommate left the room, the applicant passed out from exhaustion. The next thing the applicant remembers was being awakened by being thrown onto the floor. The applicant reacted by attacking back in an act of defense, but was not conscious of who or a physical location and was thought to be under attack. Having lived in a combat zone, the applicant had been conditioned to respond to such threatening situations, to which a lack of response, could result in losing life. After the incident, the applicant came to and regained consciousness, the applicant learned it was First Sergeant L who had grabbed the applicant by the belt and threw the applicant out of bed and not an enemy combatant trying to kill the applicant. The automatic defensive response to being attacked, should never have happened but the First Sergeant should have known as a combat veteran, to use caution when approaching a sleeping young man in an attempt to awaken. The applicant states, Soldiers who live in areas where their lives are constantly in danger, are often in a heightened state of defensive and will automatically go into attack mode when awaked suddenly and believe they are in a threatening situation. The applicant states, these actions were not an intentional act of aggression, but a conditioned automatic response to what one would believe is a threat upon life. The incident was not the applicant's first in relation to the struggle of dealing with how life has been forever changed because of proud service. After redeploying, the applicant started having issues with memories of the things that had occurred and has done for the country. These issues led to the applicant intentionally avoiding sleep in an attempt to suppress the events from memory. Anger and a feeling of disassociation were a side effect of attempting to cope. Subsequently, the applicant began using chemicals as a means to cope, such as alcohol and illegal substances, to self-medicate. The applicant requests that the Board consider the situations and state of mind when the applicant left the unit in an attempt to escape life as a Soldier and leave behind the horrendous memories of that part in life. The applicant states being wrong and should have known better, because the applicant could just walk away from the issues that are still haunting, but did not know that at the time. The applicant just wanted to forget and has now learned from this mistake and recognizes there is a problem that will not just go away or be forgotten. The applicant needs help and does not know what that will consist of, but is proud of the service to the country and was honored to work with the men and women during service. The applicant hopes an upgrade will help explore different options available through the Department of Veteran Affairs and allow receipt of help that the applicant needs to be a better son, father and member of society. 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), the applicant does not have any behavioral health diagnoses. The applicant does not have a service-connected rating from the VA. In summary, the applicant did not have a behavioral health diagnoses that was mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 9 January 2019, 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 August 2011 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 23 June 2011, the applicant was charged with violating Article 86, UCMJ, for being AWOL from 20 March 2011 to 9 June 2011. (2) Legal Consultation Date: 23 June 2011 (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: 20 July 2011 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 June 2006 / 5 years, 17 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-2 / 19D10, Calvary Scout / 4 years, 6 months, 11 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: NIF f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. Four Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 20 March 2011; From "AWOL" to "Dropped From Rolls (DFR)," effective 30 April 2011; From "Dropped From Rolls (DFR)," to "Confined by Civil Authorities (CCA)," effective 9 June 2011; and, From "CCA" to "PDY," effective 21 June 2011. i. Lost Time / Mode of Return: 3 years, 11 months, 23 days / Based on the applicant's service record, it appears the applicant had two consecutive periods of AWOL followed by apprehension by civil authorities. Initial period of AWOL, 29 July 2007 - 19 March 2011 / NIF Second period of AWOL, 20 March 2011 - 8 June 2011 / Apprehended by Civil Authorities CCA, 9 June 2011 - 21 June 2011 / Returned to Military Control from CCA j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; DD Form 293; and, a self-authored statement. 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. 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 general (under 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 contends he was suffering from undiagnosed PTSD, which affected his behavior. However, the service record contains no evidence of Post-Traumatic Stress Disorder 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 contends that he had good service which he states included a combat tour. 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 is to be commended for his accomplishments. The applicant contends that an upgrade of his discharge would allow him VA benefits. However, eligibility for veteran's benefits does 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. 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 9 January 2019, 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 AR20180006623 1