1. Applicant's Name: a. Application Date: 2 October 2018 b. Date Received: 17 December 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in pertinent part and in effect, the symptoms of PTSD and TBI, undiagnosed at the time, have unknowingly contributed to the actions that led to discharge. The applicant served the country with honor and distinction. The applicant deployed three times to combat zones, two tours in Afghanistan and a tour in Iraq. On the final deployment, while in the rear, the applicant made a mistake of using illegal drugs and failed a urinalysis, which led to discharge. The combination of injuries from an IED and suffering from the residuals of TBI, undiagnosed PTSD, and the loss of Ranger identity, caused the applicant to suffer a mental breakdown. The applicant had multiple attempts at ending life. After suffering from a break from reality, the applicant fled the post prior to finalizing the out-processing paperwork. The constant anxiety blinded the applicant from seeing beyond the internal sufferings. In 2011, the applicant went to Fort Knox and was placed in confinement for nearly two weeks. The physical, mental, and emotional injuries have degraded the applicant's quality of life to the point of becoming untenable. The applicant knows what was done wrong and asks for leniency and understanding. The applicant served honorably as a Ranger. Asking for help at the time was a sign of weakness and in a diminished mental status, was consumed by the symptoms of PTSD. Prior to the consummation of PTSD symptoms, the applicant was never reprimanded or disciplined for bad behavior. The applicant currently volunteers and helps others in any way possible. At this point in life, the injuries received during wartime are both physically and mentally affecting the applicant in a very serious way. 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 Depression, Major Depression, Occupational Problem, and a Personality Disorder. Post-service, the applicant does not have a service-connected rating from the VA. The applicant does not currently have a diagnosis of PTSD. In summary, there is insufficient evidence to determine if 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 1 May 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, the circumstances surrounding the discharge (i.e. in-service diagnoses of OBH), and a prior period of honorable service. 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: 29 August 2013 c. Separation Facts: (1) DD Form 458 (Charge Sheet): NIF (2) Legal Consultation Date: NIF (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 (NIF) (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date / Characterization: NIF / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 June 2005 / 4 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 125 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B1G, 2B Infantryman / 5 years, 5 months, 3 days (includes 122 days of involuntary excess leave, creditable for all purposes, except pay and allowances from 30 April 2013 to 29 August 2013) d. Prior Service / Characterizations: RA (18 January 2001 to 24 February 2003) / HD RA (25 February 2003 to 28 June 2005) / HD e. Overseas Service / Combat Service: NIF / NIF (However, his documentary evidence, memorandum for record, dated 26 August 2014, indicates the applicant was authorized to wear the Shoulder Sleeve Insignia-Former Wartime Service (SSI-FWTS), for his participation in combat operations during OEF and OIF: Afghanistan from 7 November 2003 to 9 December 2003, and from 30 June 2004 to 10 October 2004, and Iraq from 5 April 2005 to 16 July 2005.) f. Awards and Decorations: AAM; AGCM; NDSM; GWOTSM; ASR g. Performance Ratings: September 2005 thru February 2006, RFC, Marginal h. Disciplinary Action(s) / Evidentiary Record: Report of Return of Absentee, dated 24 July 2006, indicates the applicant was apprehended by civil authorities and returned to military control on 23 July 2006; however, there is no further record of time lost from 24 July 2006 through 23 April 2013. i. Lost Time / Mode of Return: 2,615 days (AWOL: 15 February 2006 to 23 April 2013) / The applicant was apprehended by civil authorities on 23 July 2006; however, there is no further record of time lost through 23 April 2013, or mode of apprehension at that point. j. Diagnosed PTSD / TBI / Behavioral Health: Brain Wellness and Biofeedback Center letter, dated 4 December 2015, indicates the applicant was receiving care for his PTSD and TBI symptoms. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 2 October 2018, with applicant-authored statement; doctor's letter, dated 4 December 2015; three character reference/supporting statements; memorandum for record, dated 26 August 2014; Permanent Orders for Ranger Tab award; AGCM Orders; two Permanent Orders for Parachutist Badge award and Air Assault Badge and ASI of 2B awards; DD Form 214; 25 February 2003 Enlistment Document; 29 June 2005 Enlistment Documents; 14 September 2000 Enlistment Document and its associated documents; DA Form 4187, dated 15 February 2006 (PDY to AWOL); DA Form 4187, dated 16 March 2006 (AWOL to DFR); DD Form 553, dated 16 March 2006; Report of Return of Absentee, dated 24 July 2006, with Charge Sheet and Deserter Processing Checklist; Preseparation Counseling Checklist; Record of Emergency Data; SGLI Election and Certificate; and discharge orders. 6. POST SERVICE ACCOMPLISHMENTS: Applicant's documentary evidence indicates the applicant volunteered his free time assisting a homeless veteran. 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. Further, the separation authority may direct a general discharge if such is merited by the Soldier's overall record during the current enlistment. (See chap 3, section II.) However, for Soldiers who have completed entry-level status, characterization of service as honorable is not authorized unless the Soldier's record is otherwise so meritorious that any other characterization clearly would be improper, and when characterization of service under other than honorable conditions is not warranted for a Soldier in entry-level status, service will be uncharacterized. 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 his under other than honorable conditions discharge to honorable. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific 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 not 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 an approved request for discharge "In Lieu of Trial by Court-Martial," with a characterization of service of under other than honorable conditions. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. There is also insufficient evidence available in the official record to make a determination upon the merit of the applicant's issues. 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. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further sufficient evidence in support of this request for an upgrade of the discharge. If the applicant desires a personal appearance hearing, it would be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the complete 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. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant contends he was suffering from the symptoms of PTSD and TBI, which contributed to his discharge. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues along with notable service-connected post-traumatic stress disorder and Traumatic Brain Injury symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. In consideration of the applicant's service accomplishments and quality of his service prior to any incidents of misconduct, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. 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 the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 1 May 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, the circumstances surrounding the discharge (i.e. in-service diagnoses of OBH), and a prior period of honorable service. 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 AR20190000608 1