1. Applicant's Name: a. Application Date: 17 September 2018 b. Date Received: 24 September 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from an uncharacterized to general (under honorable conditions). The applicant seeks relief contending, in effect, while on active duty the applicant was suffering with major depression with psychotic features. The applicant also had suicidal ideations. 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 Depressed Mood, Depressive Disorder NOS, Adjustment Disorder, Learning Disability, and Dysthymia. The applicant does not have any VA records for review. In summary, the applicant does not have 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 26 February 2020, 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 / Uncharacterized b. Date of Discharge: 3 August 2012 c. Separation Facts: Yes (1) Date Charges Were Preferred: 12 April 2012 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which shows on 12 April 2012, the applicant was charged with AWOL (21 November 2011 until 10 April 2012). (3) Recommended Characterization: The unit commander recommended an Under Other Than Honorable Conditions discharge. (4) Legal Consultation Date: On 12 April 2012, the applicant requested discharge in lieu of trial by court-martial. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 July 2010 / 3 years, 27 weeks b. Age at Enlistment / Education / GT Score: 28 years / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-3 / 91B10, Wheeled Vehicle Mechanic / 1 year, 5 months, 3 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: AWOL x2 for 220 days, 25 August 2011 to 14 November 2011 for 80 days; mode of return unknown; 21 November 2011 to 10 April 2012 for 140 days, surrendered to military authorities. He also had 113 days of excess leave, 13 April 2012 to 3 August 2012. j. Diagnosed PTSD / TBI / Behavioral Health: OCMH Initial Assessment, dated 9 January 2012, relates the applicant had an Axis I diagnosis of major depressive disorder, single episode, severe with psychotic features, chronic (by history) and an adjustment disorder with depressed mood, acute (principal). The applicant denied any current suicidal ideation plan or intent. He has a past history of suicidal ideation, plan and intent while serving in Korea. Rochester Regional Health document, Behavioral Health Comprehensive Evaluation, dated 13 July 2018, revealed at the present time the applicant appears to be a low-risk individual. He denies any suicidal or homicidal ideation, plan, or intent. He denies substance abuse, and reported adaptive coping strategies to manage stress. He did not to meet criteria for any mental health or psychiatric conditions at that time. He endorses some difficulty with sleep and being "on guard" which is not uncommon among military veterans after service, a level of alertness becomes the norm for many of them upon returning to civilian life. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); OCMH Initial Assessment (13 pages); five Orleans County Clinic Treatment Plans (21 pages); two OCMH Prescribers Progress (four pages); Orleans County Mental Health Discharge Summary (two pages); Comprehensive Psychological Evaluation (six pages); Risk Assessment (five pages); Unity Health System document; Rochester Regional Health document, Behavioral Health Comprehensive Evaluation (ten pages); and a Rochester Regional Health Risk Assessment document (four pages); and an EMT basic certification. 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 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 the characterization of service from under other than honorable conditions 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 significant acts of achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority at the time of separation. The applicant seeks relief contending, while on active duty he was suffering with major depression with psychotic features; and he also had suicidal ideations. An OCMH Initial Assessment, dated 9 January 2012, relates the applicant had an Axis I diagnosis of major depressive disorder, single episode, severe with psychotic features, chronic (by history) and an adjustment disorder with depressed mood, acute (principal). The applicant denied any current suicidal ideation plan or intent. He has a past history of suicidal ideation, plan and intent while serving in Korea. Further, a Rochester Regional Health document, Behavioral Health Comprehensive Evaluation, dated 13 July 2018, revealed at the present time the applicant appears to be a low-risk individual. He denies any suicidal or homicidal ideation, plan, or intent. He denies substance abuse, and reported adaptive coping strategies to manage stress. He did not to meet criteria for any mental health or psychiatric conditions at that time. Of note, after careful review of the applicant's service record, it does not appear that he was in an entry level status at the time he voluntarily requested of discharge in lieu of trial by court- martial under AR 635-200, Chapter 10. At that time he had completed 1 year, 5 months, 3 days of creditable service. The separation approving authority approved the applicant's separation with an uncharacterized discharge. In view of the foregoing, it appears that the applicant's characterization of service is in error. 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 26 February 2020, 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 AR20180015122 1