1. Applicant's Name: a. Application Date: 13 March 2019 b. Date Received: 18 March 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, he was diagnosed with PTSD when he was discharged in 2011. The applicant did not know what was going on with him until that time. He received a Purple Heart for his injuries sustained in Iraq and then went from a Sergeant to a Private within six months. The applicant believes, if he would have received treatment upon returning from combat, he would have had an honorable discharge. He believes he is being punished for something that was out of his control and now believes the military has a better understanding of PTSD; and, the commands now know what to look for in a Soldier returning from combat to offer help. The evidence of record reflects the applicant had a prior records review conducted at Arlington, VA on 2 March 2016. 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), records are scarce due to age of documents. The applicant is service connected for PTSD; although current impairment is more related to Schizophrenia. The VA has also diagnosed the applicant with PTSD and Depressive Disorder NOS; MDD with Psychotic Features and Panic Disorder; Cocaine and Alcohol Use Disorder; Schizophrenia. In summary, the applicant has a BH diagnosis that is partially mitigating for the misconduct which led to separation from the Army. In a personal appearance hearing conducted at Arlington, VA on 19 October 2020, and by a 3-2 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, and the circumstances surrounding the discharge (OBH and PTSD diagnosis), combat wounded, and 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. (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: 25 February 2005 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 19 January 2005, the applicant was charged with: Without authority, failing to go at the time prescribed to his appointed place of duty x3 (28 October 2004, 5 November 2004 and 30 December 2004); * Being AWOL from his unit (28 December 2004-29 December 2004); Being disrespectful in language and deportment toward SSG A.K.D, a noncommissioned officer, then known by PFC T.D.C, to be a superior noncommissioned officer, who was then in the execution of his office (29 September 2004); Willfully disobeying a lawful order from SSG A.K.D, a noncommissioned officer, then known by PFC T.D.C, to be a noncommissioned officer (14 December 2004); and, Assaulting PFC M.P.G., who then was and was then known by the accused to be a person then having and in the execution of military police duties, by punching him in the face with a closed fist (24 September 2004). (2) Legal Consultation Date: 20 January 2005 (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: 2 February 2005 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 August 2003 / 2 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 85 c. Highest Grade Achieved / MOS / Total Service: E-5 / 21B10, Combat Engineer/ 6 years, 3 months, 28 days d. Prior Service / Characterizations: RA, 27 October 1998 - 2 April 2001 / HD RA, 3 April 2001 - 14 August 2003 / HD e. Overseas Service / Combat Service: Korea, SWA / Iraq (9 April 2003 - 12 May 2004 / Kuwait (1 May 2002 - 25 October 2002) f. Awards and Decorations: PH, AAM, AGCM, NDSM, AFEM, GWOTEM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: August 2003 - March 2004 / Marginal h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. Military Police Report, dated 25 September 2004, indicates the applicant was under investigation for assaulting a law enforcement officer on post. Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 28 December 2004; and, From "AWOL" to "PDY," effective 29 December 2004. The applicant received several negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: 1 day (AWOL, 28 December 2004) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: The applicant submitted with his previous application, a VA rating decision, dated 30 September 2015, shows the applicant diagnosed with PTSD, also claimed as stress, anxiety and depression and granted a 50 percent disabled rating. Childersburg Community Based Outpatient Clinic letter, dated 12 March 2019, reflects the applicant was actively being treated for Schizophrenia, Chronic Posttraumatic Stress Disorder and Traumatic Brain Injury. The applicant received the TBI diagnosis and Chronic PTSD diagnosis after experiencing an IED while in combat in 2003. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; Childersburg Community Based Outpatient Clinic letter. 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 that 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 his under other than honorable conditions discharge 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 acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority at the time of discharge. The applicant contends the VA has granted him a service connected disability for PTSD. The applicant contends it was his undiagnosed PTSD, which affected his behavior and led to his discharge. However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The applicant's service record is void of a mental status evaluation. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong. The applicant believes his command did not know at the time, how to help Soldiers with PTSD, but now commands understand more about PTSD, warranting an upgrade. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. Further, 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 character of the applicant's discharge is commensurate with his overall service 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): Applicant provided oral argument and statements in support of the contentions provided in written submissions and in support of previously submitted documentary evidence. b. The applicant presented the following additional contention(s): c. Counsel / Witness(es) / Observer(s): 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 19 October 2020, and by a 3-2 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, and the circumstances surrounding the discharge (OBH and PTSD diagnosis), combat wounded, and 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. 11. 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 AR20190004890 6