1. Applicant's Name: a. Application Date: 17 July 2018 b. Date Received: 23 July 2018 c. Counsel: 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, that the behavior was related to PTSD while serving in Iraq, Jordan, and Kuwait. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record and the Armed Forces Health Longitudinal Technology Application (AHLTA) contain no information regarding the applicant. The Joint Legacy Viewer (JLV) indicates the applicant has been diagnosed with PTSD secondary to combat trauma. In summary, the applicant has Behavioral Health diagnoses that are partially mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 28 November 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, post-service accomplishments and the circumstances surrounding the discharge (i.e. post-service diagnoses of PTSD), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. 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: In Lieu of Trial by Court-Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 26 August 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 May 2005 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 25 May 2005, the applicant was charged with the following offenses: Being disrespectful in language toward 1SG X., a noncommissioned officer, by saying to him "I'll tell you what the fucking problem is' or words to that effect on 4 February 2005; Being found drunk while on duty on 4 February 2005; Disobeying a lawful order from SGT X., a noncommissioned officer, to keep his feet down off the dashboard, an order which was his duty to obey, on 8 March 2005; Without proper authority, willfully damaged by kicking the windshield, gearshift, and the emergency equipment with his feet military property of the United States the amount of said damage being in the sum of about 2,596.43 EURO or approximately $3,348.36 Assaulted SGT X., who then was and was then known by the applicant to be a person then having and in the execution of military police law enforcement duties by kicking him in the head on 8 March 2005; Being indebted to Mr. X., in the sum of 22 EURO or approximately $29.35 for a taxi rid which amount became due and payable on or about 8 March 2005, dishonorably failed to pay said debt on 8 March 2005; and Being drunk and disorderly which conduct was of a nature to bring discredit upon the armed forces on 8 March 2005. (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 8 August 2005 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 July 2003 / 6 years b. Age at Enlistment / Education / GT Score: 28 / HS Graduate / 117 c. Highest Grade Achieved / MOS / Total Service: E-4 / 62B10, Construction Equipment Repairer / 7 years, 7 months, 1 day (Based on DD Form 214 under review) d. Prior Service / Characterizations: USAFR, 17 September 1993 to 30 June 1994 / NA USAF, 1 July 1994 to 26 June 1995 / GD (Break-in-Service) ARNG, 20 October 1998 to 21 January 1999 / NA ADT, 22 January 1999 to 18 June 1999 / NIF ARNG, 19 June 1999 to 13 June 2001 / NIF RA, 14 June 2001 to 30 June 2003 / HD e. Overseas Service / Combat Service: Germany, SWA / Kuwait/Iraq (7 January 2004 to 13 February 2005) f. Awards and Decorations: ARCOM, AAM, NDSM-2, GWOTEM, GWOTSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; resume; several awards and course certificates; letters of support and recommendation; and a letter from Linn County Veteran Affairs. The letter signed by X., X, X, Linn County Veteran Affairs Director makes reference to applicant having been clean and sober the entire time he has been working with the director, that the applicant was receiving counseling from a Mr. X, at the VET Center in Cedar Rapids, Iowa. It was also noted that the applicant was actively involved in AA and had just received his 7 years chip on 17 July 2018. The director also states that he believes the applicant's alcohol abuse behavior was from self-medicating the symptoms of Post-Traumatic Stress Disorder. He directed the applicant to Senator Grassley's office to obtain his medical record to meet the 30 day time line requested by the Army Review Boards Agency. 6. POST SERVICE ACCOMPLISHMENTS: Completion of several Recovery Treatment Programs and other education courses. 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. 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 several acts of significant achievement and valor; however, it appears they did not support the issuance of an honorable or a general discharge by the separation authority at the time of discharge. The applicant seeks relief contending, that his behavior was related to PTSD while serving in Iraq, Jordan, and Kuwait. The applicant's contentions were noted; 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 independent documents submitted by the applicant signed by D.T., MS, CVSO, Linn County Veteran Affairs Director making reference to the applicant having been clean and sober the entire time he had been working with the director, that the applicant was receiving counseling, that he was actively involved in AA and had just received his 7 years chip on 17 July 2018, and also that the director believes the applicant's alcohol abuse behavior was from self- medicating the symptoms of Post-Traumatic Stress Disorder were noted. However, this information does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels at the time of discharge. Further, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. 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 28 November 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, post- service accomplishments and the circumstances surrounding the discharge (i.e. post-service diagnoses of PTSD), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. 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: General Under Honorable Conditions 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 AR20180010655 1