1. Applicant's Name: a. Application Date: 14 March 2019 b. Date Received: 22 March 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, that the reason the applicant was discharge was that the applicant was self- medicating at the time. The applicant actually had PTSD and a Traumatic Brain Injury that was not diagnosed at the time of discharge. 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 due to the period of service, the applicant's active duty records are unavailable for review. The applicant is 90% service- connected; 70% for PTSD and 30% for Migraine headaches from the VA. The VA has also diagnosed the applicant with PTSD, Major Depressive Disorder, ADHD, Sleep Apnea, and history of TBI. In summary, the applicant has 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 18 December 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. post- service diagnoses of PTSD and TBI), combat wounded, valor, and a prior period of honorable service. 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 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 June 2004 (2) Basis for Separation: The evidence of record contains a DD Form's 458, Charge Sheets which indicates on 4 June 2004, the applicant was charged with wrongfully using cocaine on or about 5 May 2004. (3) Recommended Characterization: NIF (4) Legal Consultation Date: 4 June 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 17 June 2004 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 March 2002 / 6 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 109 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B20, Infantryman / 5 years, 4 months, 17 days d. Prior Service / Characterizations: 11 February 1999 to 7 March 2002 / HD e. Overseas Service / Combat Service: Korea, SWA / Kuwait, Iraq (28 February 2003 - 23 January 2004) f. Awards and Decorations: PH, ARCOM-CDD-V, ARCOM, AAM-3, GWOTEM, GWOTSM, NDSM, KDSM, ASR, OSR, OSB-2, CIB, EIB g. Performance Ratings: October 2002 to September 2003 / Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Memorandum dated 16 June 2004, from C.L.O., LMSW, RA, AAC, Social Worker Officer and F.W.F., MD, and Psychiatrist reference Post Traumatic Stress Disorder, noting the applicant had been first seen by them on 22 January 2004. His screening form indicated that he was having mood problems, increased anger, problems sleeping, hyper-startle and flashbacks of combat experiences. He subsequently received a comprehensive assessment and assigned a diagnosis of Post-Traumatic Stress Disorder. He began regular treatment at Adult Behavioral Health Services which had included individual therapy, PTSD group therapy, medication and testing. The applicant's objective tests supported a diagnosis of PTSD. He continued to struggle with depressed mood, overwhelming feelings of guilt, chronic anxiety, problems sleeping, and nightmares of combat experiences and flashbacks of combat experiences. It was also noted that substance was a common problem among persons with diagnosis of Post-Traumatic Stress Disorder and that the applicant's cocaine use was early in his treatment. i. Lost Time / Mode of Return: The DD Form 214 under review makes reference to the applicant having a day (13 May 2004 to 13 May 2004) of lost time, documents supporting this lost time were not found in the available record. j. Diagnosed PTSD / TBI / Behavioral Health: NIF; however, documents submitted by the applicant show he has been awarded 70 percent service connected disability for PTSD with residuals of traumatic brain injury effective 29 September 2017. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; decision letter from the Department of Veterans Affairs showing he has been awarded 70 percent service connected disability for PTSD with residuals of traumatic brain injury; state of Arizona durable health care power of attorney; and his DD Form 214 for the period of service under review. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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 honorable. 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 achievements and valor; however, it did not support the issuance of an honorable discharge by the separation authority at the time of his discharge. The applicant seeks relief contending that the reason he was discharge was that he was self- medicating at the time. The applicant contends that he actually had PTSD and a Traumatic Brain Injury that not diagnosed at the time of discharge. The applicant's contentions were noted; the applicant was aware that by violating the Army's policy not to possess or use illegal drugs, he compromised the trust and confidence placed in a Soldier. The applicant, as a Soldier, had the duty to support and abide by the Army's drug policies. By abusing illegal drugs, the applicant knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge. Also, although the applicant claims that he had undiagnosed PTSD and a Traumatic Brain Injury at the time of discharge; evidence in the records show that not diagnosed at the time of discharge. Evidence in the record dated 16 June 2004, from C.L.O., LMSW, RA, AAC, Social Worker Officer and F.W.F., MD, and Psychiatrist reference Post Traumatic Stress Disorder, noting the applicant had been first seen by them on 22 January 2004. His screening form indicated that he was having mood problems, increased anger, problems sleeping, hyper-startle and flashbacks of combat experiences. He subsequently received a comprehensive assessment and assigned a diagnosis of Post-Traumatic Stress Disorder. Therefore, it appears the applicant's chain of command determined that although he was suffering from PTSD, he knew the difference between what was right and wrong and there are many Soldiers with the same condition that completed their service successfully. 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 18 December 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. post-service diagnoses of PTSD and TBI), combat wounded, valor, and a prior period of honorable service. 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 AR20190004976 1