1. Applicant's Name: a. Application Date: 4 January 2019 b. Date Received: 15 January 2019 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 to Secretarial Authority. The applicant through counsel seeks relief contending, in effect, the basis for the under other than honorable conditions discharge was misconduct which significantly post-dated an evaluation and recommendation to a Medical Evaluation Board (MEB) for PTSD. The misconduct was likely caused by PTSD, such action was inappropriate and contrary to policy, the applicant should have been separated through the MEB process. The discharge should be upgraded to honorable to allow the applicant to seek assistance for PTSD. The applicant requests a military disability retirement (MDR) or reinstatement for purposes of an MEB. The applicant received numerous awards and accolades to include a combat tour. The applicant was chastised by the chain of command for having too many appointments. The applicant was diagnosed with PTSD, meeting at least 19 different criteria and was referred to a MEB. Despite the severity of the symptoms, there was no request to expedite the MEB or move to a Warrior Transition Unit (WTU). The discharge made it difficult for the applicant to find employment. The applicant was denied treatment at the VA on more than one occasion. 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, PTSD, Alcohol Abuse, and Cannabis Abuse. The VA has diagnosed the applicant with Bipolar Disorder, Impulse Control Disorder, Cannabis Use Disorder, Alcohol Use Disorder, Mood Disorder, Unspecified Anxiety Disorder, Polysubstance Use Disorder, and Substance Disorder. In summary, the applicant has a BH diagnosis that is partially mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 4 October 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's quality of service, to include combat service, and the circumstances surrounding the discharge (i.e. in-service diagnosis of PTSD). Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 1. (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: 28 June 2011 c. Separation Facts: Yes (1) Date Charges Were Preferred: 11 May 2011 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which shows on 10 March 2010, the applicant was charged with, without authority, fail to go at the time prescribed to his appointed place of duty (14 April 2011); violate a lawful general regulation, by not storing privately owned ammunition in the unit arms room (29 April 2011); violate a lawful general regulation, by wrongfully possessing drug paraphernalia, a glass pipe (29 April 2011); violate a lawful general regulation, by wrongfully possessing a controlled analogue substance, spice (29 April 2011); violate a lawful general regulation, by wrongfully using a controlled analogue substance, spice (29 April 2011); and wrongful use of marijuana x2 between (20 December 2010 and 20 January 2011) and between (7 February 2011 and 7 March 2011). (3) Recommended Characterization: The applicant's chain of command recommended an Under Other Than Honorable Conditions discharge. (4) Legal Consultation Date: 18 May 2011, the applicant requested discharge in lieu of trial by court-martial. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 June 2011 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 July 2008 / 6 years, 16 weeks b. Age at Enlistment / Education / GT Score: 17 years / GED Certificate / 102 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 2 years, 11 months, 5 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan, 30 May 2009 to 14 May 2010 f. Awards and Decorations: ARCOM-"V" DEV, NDSM, ACM-2CS, GWOTSM, ASR, OSR, NATO MDL, CIB, VUA g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Two positive urinalysis tests coded IU (Inspection Unit), dated 20 January 2011 and 7 March 2011, both for THC. FG Article 15, dated 21 March 2011, for conspire with SPC P.H. to commit an offense under the Uniform Code of Military Justice, possession of some amount of lysergic acid diethylamide (LSD), and in order effect the object of the conspiracy he requested to purchase some amount of lysergic acid diethylarnide (LSD) between (1 February 2011 and 13 March 2011); and wrongful use of marijuana (20 January 2011); reduction to PVT / E-1, forfeiture of$733 pay for two months, extra duty and restriction for 45 days. CID Report of Investigation, dated 4 May 2011, relates the applicant was under investigation for wrongful possession and wrongful use of spice. The applicant received numerous negative counseling statements for various acts of misconduct; and substandard performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Chronological Record of Medical Care, dated 21 October 2010, revealed the applicant was diagnosed with PTSD. Chronological Record of Medical Care, dated 4 February 2011, relates the applicant was diagnosed with PTSD and prescribed medications for his condition. Chronological Record of Medical Care, dated 31 March 2011, shows the applicant was diagnosed with bipolar disorder, alcohol abuse, cannabis abuse and chronic PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages) / with attorney's brief (11 pages); Exhibit 1, certified mail envelope; Exhibit 2, Power of Attorney; Exhibit 3, DD Form 214; Exhibit 4, Secretary Hagel PTSD Memorandum; Exhibit 5, Allied Personnel Documents (79 pages); Exhibit 6, Pertinent Medical and Mental Health Records (302 pages); Exhibit 7, CID File (143 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 to Secretarial Authority. 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 to include a combat tour; however, it did not support the issuance of a general or an honorable discharge by the separation authority at the time of separation. 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 The applicant through counsel seeks relief contending, the basis for the under other than honorable conditions discharge was misconduct which significantly post-dated his evaluation and recommendation to a Medical Evaluation Board (MEB) for PTSD; and his misconduct was likely caused by his PTSD, such action was inappropriate and contrary to policy, he should have been separated through the MEB process. 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 applicant further contends, his discharge should be upgraded to honorable to allow him to seek assistance for his PTSD; and he was denied treatment at the VA on more than one occasion. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The applicant also contends, he received numerous awards and accolades to include a combat tour. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant additionally contends, he was chastised by his chain of command for having too many appointments; and despite the severity of his symptoms, there was no request to expedite his MEB or move him to a Warrior Transition Unit (WTU). 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. Furthermore, the applicant contends, he was diagnosed with PTSD, meeting at least 19 different criteria and was referred to a MEB. The record of medical evidence shows that the applicant was diagnosed with PTSD on more than one occasion. Moreover, the applicant contends, his discharge made it difficult for him to find employment. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant requests a military disability retirement (MDR) or reinstatement for purposes of an MEB. The applicant's requests does not fall within the purview of the Army Discharge Review Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. 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 4 October 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's quality of service, to include combat service, and the circumstances surrounding the discharge (i.e. in-service diagnosis of PTSD). Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 1. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, paragraph 5-3 e. Change SPD / RE Code to: JFF / RE-1 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 AR20190001832 6