1. Applicant's Name: a. Application Date: 25 July 2018 b. Date Received: 11 October 2018 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable and a change to the narrative reason for separation. The applicant through counsel seeks relief contending, in effect, after deployment, the applicant's mental health issues were exacerbated due to constant harassment and abuse by leadership. Due to PTSD, other anxiety disorders, and mood disorders, the applicant regrettably left the unit due to substance use. Instead of taking the mental health issues into consideration and giving a medical discharge, the applicant believes that the applicant was unfairly treated. The severity of these mental health problems at the time of service were a complex interplay of genetic and environmental factors that led to anxiety, depression, failure to adjust, and irrational decision making. Because the applicant did report the incidents before being discharged, the applicant could have at least been given a medical discharge and a general discharge versus an under other than honorable discharge. The applicant failed to adjust to the challenges of the Army because of abuse from some members in the unit leadership. 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, Cocaine Dependence, Major Depressive Disorder, PTSD, Anxiety, Other Specified Trauma and Stressor Related Disorder, and Borderline Personality Disorder. The VA has diagnosed the applicant with PTSD, Stimulant Use Disorder, and Cocaine Use. In summary, due to the basis of separation not being in file, there is insufficient evidence to determine if the applicant's BH diagnoses are mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 23 August 2019, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's quality of service, to include combat service, post-service accomplishments, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of PTSD). 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: 24 February 2017 c. Separation Facts: No (1) Date Charges Were Preferred: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 August 2008 / 6 years, 25 weeks / moral waiver / 5 August 2008 / block 12a on the applicant's DD Form 214 dated entered active duty this period, is incorrect and should read as annotated in the Case Report and Directive. b. Age at Enlistment / Education / GT Score: 28 years / One year of college / 121 c. Highest Grade Achieved / MOS / Total Service: E-4 / 74D10, Chemical Operations Specialist / 3 years, 2 months, 4 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan, 14 April 2010 to 1 April 2011 f. Awards and Decorations: ARCOM, NDSM, ACM-CS, GWOTSM, ASR, OSR, NATO MDL, MUC g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: AWOL for 1,871 days, 29 April 2011 until 13 June 2016; mode of return unknown. j. Diagnosed PTSD / TBI / Behavioral Health: Family PyschSolutions, dated 16 May 2016, relates the applicant was diagnosed with major depressive disorder, single episode, moderate, PTSD and cocaine use disorder, in early remission. VA Regional Office document, dated 17 May 2016, revealed that the applicant received treatment for symptoms indicative of PTSD / Major Depressive Disorder and Anxiety. Chronological Record of Medical Care, dated 26 September 2016, shows the applicant's problems were cocaine dependence in remission, major depressive disorder, recurrent severe without psychotic features, PTSD, chronic, anxiety, adjustment disorder with anxiety and depressed mood. Also, the applicant had the full range of PTSD-Iike symptoms. However, they were the result of childhood sexual abuse, and not because of any event that meets DSM-5 Criterion A for PTSD. As such, the applicant's symptoms did not meet the full DSM-5 criteria for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); Army Discharge Review Letter (two pages); DD Form 214; discharge orders 041-1024 and 041-1023; Veteran Affairs Regional Office document (three pages); VA, Request for and Authorization to release Medical Record for Health Information; Family PyschSolutions, PLLC (three pages); discharge summary report (two pages); support statement; University of Houston acceptance letter; college transcript; chronological record of medical care (75 pages). 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. AR 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4. 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 honorable and a change to the narrative reason for separation. 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 digital signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge. 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 requests a change to the narrative reason for separation. AR 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 10, in lieu of trial by court-martial. The regulation further stipulates that no deviation is authorized. The applicant through counsel seeks relief contending, after his deployment, his mental health issues were exacerbated due to constant harassment and abuse by leadership; due to his PTSD, other anxiety disorders, and mood disorders; he regrettably left his unit due to substance use; and the severity of his mental health problems at the time of his service were a complex interplay of genetic and environmental factors that lead to anxiety, depression, failure to adjust, and irrational decision making. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his mental health issues were exacerbated due to constant harassment and abuse by leadership. The applicant submitted medical documents which shows he was he had problems with major depressive disorder, recurrent severe without psychotic features, PTSD, chronic, anxiety, adjustment disorder with anxiety and depressed mood. He had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant further contends, instead of taking his mental health issues into consideration and giving him a medical discharge, he believes that he was unfairly treated; and because he did report the incidents before he was discharged, he feel he could have at least been given a medical discharge and a general discharge versus an under other than honorable discharge. 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. 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. 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, 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 23 August 2019, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's quality of service, to include combat service, post-service accomplishments, and the circumstances surrounding the discharge (i.e. in-service and post- service diagnoses of PTSD). 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 AR20180015697 1