1. Applicant's Name: a. Application Date: 10 June 2018 b. Date Received: 5 July 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge. The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant seeks relief contending, in effect, that the applicant strongly believes the actions happened during a time when the applicant was separated from family and illness played a part in the discharge. The applicant missed his family while on an unaccompanied tour. The applicant has been diagnosed with PTSD, contends to self-medicating and apologizes for these actions. The applicant is living by oneself and is asking for consideration since the applicant is now getting compensation for at least 40 percent and still trying to support a family. The applicant still has a long road ahead and is slowly recovering. 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 anxiety and depressed mood, Alcohol Dependence, Amphetamine Abuse, Anxiety Disorder unspecified, Depressive type Psychosis, MDD (moderate), Methamphetamine Dependence, mTBI, and PTSD. The applicant is 40% service-connected; 30% for PTSD from the VA. The VA has diagnosed the applicant with PTSD, TBI, Major Depressive Disorder, and Amphetamine Use Disorder. In summary, the applicant had 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 13 June 2019, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service to include combat service, a prior period of honorable service, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of PTSD and TBI). 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: 31 July 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 21 July 2016 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 February 2011 / 3 years, (The enlistment was extended 3 years on 20 October 2013 giving the applicant a new ETS date of 21 April 2017) b. Age at Enlistment / Education / GT Score: 34 / HS Graduate / 84 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11C10, Indirect Fire Infantryman / 13 years, 1 month, 19 days d. Prior Service / Characterizations: ARNG, 4 January 2002 to 1 July 2002 / NA ADT, 2 July 2002 to 25 October 2002 / HD ARNG, 26 October 2002 to 13 September 2004 / GD USARCG, 14 September 2004 18 August 2008 / NA OAD, 19 August 2008 to 20 August 2009 / HD USARCG, 21 August 2009 to 3 January 2010 / NA (Break-in-Service) ARNG, 22 February 2011 to 26 February 2013 / NA OAD, 27 February 2013 to 5 March 2014 / HD (Concurrent Service) e. Overseas Service / Combat Service: Hawaii, SWA / Kuwait (3 November 2008 to 15 August 2009) and Afghanistan (15 April 2013 to 21 December 2013) f. Awards and Decorations: ARCOM, AAM, AGCM, ACM-CS, NDSM, GWOTEM, GWOTSM, ASR, OSR-2, AFRM-M Device, NATOMDL g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Special Court-Martial Order Number 19, dated 18 August 2016, which dismissed all charges against the applicant: Charge I, Violation of Article 90, having received a lawful command from CPT B.M., his superior commissioned officer, to submit to a urinalysis examination, or words to that effect, willfully disobeyed on 18 February 2016 and wrongfully used methamphetamine, and schedule II controlled substance between 25 February 2016 and 1 March 2016. Charge II, Violation of Article 112a, by wrongfully possessing less than 30 grams of marijuana a schedule I controlled substance on or about 18 February 2016; Wrongfully using methamphetamine between 25 February 2016 and 1 March 2011; Wrongfully using amphetamine between 25 February 2016 and 1 March 2016; Wrongfully using methamphetamine, between 7 April 2016 and 13 April 2016; and Wrongfully using amphetamine between 7 April 2016 and 13 April 2016 Charge III, Violation 134, by wrongfully communicating to SFC C.C. a threat to injure his chain of command by stating that he would to wit: Fuck up the chain of command by shooting them" or words to that effect, such conduct being the prejudice of good nature and discipline in the armed forces and of a nature to bring discredit upon the armed forces on 31 March 2016. It was noted that the accused (applicant) having been arraigned, the proceedings were terminated on 21 July 2016. The accused's (applicant) request for discharge pursuant to the provision of Chapter 10, Army Regulation 635-200, was approved on 21 July 2016 for issuance of a discharge of under other than honorable conditions. The charges and specification were dismissed. All rights, privileges and property of which the accused may have been deprived of by virtue of these proceedings were to be restored i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: 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. 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. The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. 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 complete 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, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the DD Form 214 shows a Separation Code of KFS (i.e., in lieu of trial by court-martial) with a reentry eligibility (RE) code of 4. The applicant seeks relief contending that he strongly believes his actions happened during a time when he was separated from family and his illness played a part in his discharge. He contends he missed his family, unaccompanied tour while he was getting care. He has been diagnosed with PTSD and because of all the things that happen during his pain and not understanding people he turn to other things. He contends he self-medicated and he is apologizing for his actions, but he is asking to have his discharge changed to something that he deserves. He is living with himself now and his family which is all he has. He ask that considerations be taken that he is now getting compensation for at least 40 percent and still trying to support his family. He believes he still has a long road ahead of him and he is slowly recovering. The applicant's contentions were carefully considered. However, the merit of these contentions cannot be established because the complete facts and circumstances leading to the discharge are unknown. Also, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, 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. Although the applicant claims he has been diagnosed with PTSD; the available 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. Also, it should be noted, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. If the applicant desires a personal appearance hearing, it is 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, it appears 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 13 June 2019, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service to include combat service, a prior period of honorable service, and the circumstances surrounding the discharge (i.e. in-service and post- service diagnoses of PTSD and TBI). 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 AR20180013395 1