1. Applicant's Name: a. Application Date: 29 November 2018 b. Date Received: 30 November 2018 c. Previous ADRB Records and ABCMR Reviews: (Reconsideration granted based on new claim of PTSD) (ADRB Personal Appearance): 5 April 2010, AR20090014939 (ABCMR): 29 November 2011, AR20110006578 (ABCMR): 11 April 2013, AR20120016100 d. Counsel: 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, served honorably for most of 20 years in the Regular Army and Army National Guard, as the applicant continually rated above peers. Prior to developing mental health issues exacerbated by personal problems, the record reflects honorable service. However, due to medical and personal problems, the applicant made a decision to go AWOL. It was not a choice to avoid duty, but was suffering from anxiety and depression. The mother and stepson also had critical medical conditions, wife was seeking separation, and the applicant was geographically separated from the family. While preparing for deployment, the applicant was diagnosed with significant hearing loss and was told that the applicant may not deploy, which caused further stress. The sum of the situations caused the applicant to turn to substances and alcohol to cope. After an authorized leave, the applicant chose not to return to the unit and was deemed AWOL. The applicant elected an UOTH, in lieu of trial by court-martial. The mental health issues were a major contributing factor in the misconduct. While absent, the applicant realized the substance abuse problems and received treatment for alcohol and substance abuse, depression, and anxiety from VA. VA also determined the mental health conditions were service-connected. Mental health professionals found the applicant to be suffering from PTSD symptoms due to responding to an accident that killed several friends. The severity of these conditions mitigates the misconduct as evidenced by VA treatment and service-connection while AWOL. During a fourth period of service, the weight of the mental health conditions and personal stressors resulted in a lapse of judgment and the applicant remained AWOL. That decision should not outweigh over 19 years of honorable service. The commendable service outweighs the single instance. In light of the service record and the mitigation of mental health conditions, the discharge was inequitable and should be upgraded to a General (Under Honorable Conditions). 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 no records from active duty. The applicant is 70% service-connected from the VA for Major Depressive Disorder. The VA has also diagnosed the applicant with Depressive Disorder NOS, Unspecified Anxiety Disorder, Generalized Anxiety Disorder, Alcohol Dependence, and Cocaine Dependence. There is no documentation that the applicant has been diagnosed with PTSD. In summary, although the applicant has a BH diagnosis, it is not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 26 April 2019, 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 / Under Other Than Honorable Conditions b. Date of Discharge: 5 December 2008 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 22 September 2008, the applicant was charged with the following: Charge I: Violation of Article 86, UCMJ, for absenting himself from his unit without authority on 2 (sic) February 2006, and remained absent until 15 September 2008. (2) Legal Consultation Date: 22 September 2008 (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 (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date / Characterization: 3 November 2008 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 November 2005 / Order to AD in support of OIF for 545 days b. Age at Enlistment / Education / GT Score: 40 / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-5 / 92Y10, Unit Supply Specialist / 20 years, 29 days (According to current DD Form 214 under review) (includes 74 days of excess leave, creditable for all purposes, except pay and allowances) d. Prior Service / Characterizations: ARNG (10 May 1984 to 12 August 1984) / NA IADT (13 August 1984 to 8 December 1984) / HD ARNG (9 December 1984 to 13 Apr 1986) / NA AGR (14 April 1986 to 1 October 1988) / HD ARNG (2 October 1988 to 9 May 1990) / HD (Break in Service until 23 February 1991) / NA ARNG (24 February 1991 to 1 November 1992) / HD ARNG (20 February 1993 to 12 November 1998) / HD ARNG (3 June 1999 to 21 August 2001) / GD ARNG (12 August 2004 to 5 November 2005) / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: ARCOM; AAM; NDSM; NCOPDR; ASR; AFRM g. Performance Ratings: None rendered during period of service under current review. h. Disciplinary Action(s) / Evidentiary Record: Report of Return of Absentee, dated 15 September 2008, indicates the applicant was apprehended by civil authorities and returned to military authorities. Charge Sheet described at the preceding paragraph 3c(1). i. Lost Time / Mode of Return: 937 days (AWOL on 22 February 2006, until 14 September 2008) / The applicant was apprehended by civil authorities on 15 September 2008. j. Diagnosed PTSD / TBI / Behavioral Health: Applicant's documentary evidence: Mental Health Primary Care Consult and health records, dated 9 August 2010 through 11 February 2010, provide a history of the applicant being treated for depression. Mental Health Primary Care Note, dated 31 July 2015 through 28 July 2016, provide a history of the applicant's depressive symptoms. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 29 November 2018; Agreement to Engage an Attorney; and attorney-authored brief in support of the application with listed exhibits. 6. POST SERVICE ACCOMPLISHMENTS: The applicant's documentary evidence indicates he serves as an ordained minister in his church and community, he coaches basketball, and helps veterans. 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 general (under honorable conditions). The applicant's available record of service, and 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 acts of significant achievement or valor, and did not support the issuance of an honorable or a general (under honorable conditions) discharge by the separation authority at the time of discharge. 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. In consideration of the applicant's service accomplishments and quality of his service prior to the incident of misconduct, and his post-service accomplishments, 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. The applicant contends he is entitled to an upgrade of his discharge because of mitigating circumstances which contributed to his misconduct. Specifically, he claims his behavioral health and family issues resulted in his discharge. While the applicant may believe his stress at home and work was the underlying cause of his misconduct, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. The applicant's contentions regarding his behavioral health issues which involved suffering from anxiety and depression, were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues 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. 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. 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 April 2019, 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 AR20190003003 3