1. Applicant's Name: a. Application Date: 1 May 2019 b. Date Received: 10 May 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The current characterization of service for the period under review is under other than honorable conditions. The applicant requests an upgrade to general (under honorable conditions). The applicant seeks relief contending, in effect, he had 20 years of honorable service, was awarded the Bronze Star and had one mistake. He believes the record to be unjust because he redeployed from combat operations in Iraq in 2008, during which he was awarded the Army Commendation Meal with V device. Upon his return he was branch detailed and assigned as an Army Recruiter where he was highly successful and earned the highest awards: Gold Recruiter Badge w/Sapphires and the coveted Recruiter ring. At the end of his three-year recruiter assignment, he volunteered to extend the duty for another year and the Army saw fit to promote him from Staff Sergeant to Sergeant First Class. He then received orders to return to Fort Hood and was assigned to 1-5 CAV First CAV Division as a Platoon Sergeant. Within days of returning to Fort Hood, he had gone to a tank gunnery where he earned "Top Tank" of his Brigade. When gunnery was completed his unit had to transition in preparation for an upcoming Afghanistan deployment where he was responsible for the health, welfare and training of 25 Soldiers, training which fell outside of his primary MOS. During the Afghanistan deployment he lead his platoon through a successful deployment earning the Bronze Star Medal. Upon redeployment he led his platoon through another successful tank gunnery and afterwards he was reassigned and tasked with being the 1-5 CAV Battalion Family Readiness Liaison. The applicant states he completed 20 years of service without a blemish on his record, not even punishment under Article 15 of the Uniform Code of Military Justice. He states all of these successful achievements were between 14 March 2008 and 27 March 2017. In a records review conducted on 1 December 2021, and by a 5 - 0 vote, after carefully examining the applicant's record of service during the period of enlistment under review and all other evidence presented, the Board determined that clemency is warranted based on applicant's length and quality of service, to include combat service, prior period of honorable service to include valor, and the circumstances surrounding the discharge (i.e. in-service diagnosis of Adjustment Disorder), and post-service diagnoses of Major Depressive Disorder (MDD), PTSD, and mild TBI. Accordingly, the Board voted to grant relief by upgrading the applicant's characterization of service to Honorable. Please see Section 9 of this document for more detail regarding the Board's decision. (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: 27 March 2017 c. Separation Facts: (1) Date 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. (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date / Characterization: 15 March 2017 / Under Other than Honorable conditions. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 March 2008 / Indefinite b. Age at Enlistment / Education / GT Score: 32 / HS Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-7 / 19K10, M1 Armor Crewman / 20 years, 7 months, 20 days d. Prior Service / Characterizations: RA, 4 August 1996 - 23 August 1998 / HD RA, 24 August 1998 - 8 November 2000 / HD RA, 9 November 2000 - 9 August 2004 / HD RA, 10 August 2004 - 13 March 2008 / HD e. Overseas Service / Combat Service: Kosovo, SWA / Iraq (12 February 2004 - 14 February 2005; 4 October 2006 - 8 December 2007); Afghanistan (1 July 2013 - 16 March 2014) f. Awards and Decorations: ACM-CS, ICM-3CS, BSM, ARCOM-V, ARCOM-5, AAM-3, VUA-2, AGCM-6, NDSM, GWOTEM, GWOTSM, ASR, OSR, NATOMDL-3, NIDSM, GRB, GRB- 3SS g. Performance Ratings: 9 January 2004 - 10 June 2005 / Among The Best 29 June 2006 - 1 June 2007 / Among The Best 1 June 2008 - 1 June 2010 / Among The Best 1 June 2011 - 31 May 2013 / Among The Best 30 May 2014 - 29 November 2014 / Fully Capable 24 August 2015 - 15 December 2015 / Marginal h. Disciplinary Action(s) / Evidentiary Record: As announced by Special Court-Martial Order Number 3, dated 11 January 2017, the applicant was found guilty of the following: Charge I, in violation of Article 86. Plea: Guilty. Finding: Guilty. Specification 1: On or about 3 March 2016, without authority, absent himself from his unit, and did remain so absent until on or about 7 March 2016. Plea: Guilty. Finding: Guilty. Specification 2: On or about 15 March 2016, without authority, absent himself from his unit and did remain so absent until on or about 18 March 2016. Plea: Guilty. Finding: Guilty. Charge II, in violation of Article 90. Plea: Guilty. Finding: Guilty. The Specification: On or about 16 May 2016 and on or about 20 May 2016, after having received a lawful command from Captain J.O., his superior commissioned officer, and known by the accused to be his superior commissioned officer, to be restricted to the Battalion Footprint, or words to that effect, did on divers occasions willfully disobey the same. Plea: Guilt. Finding: Guilty. Charge III, in violation of Article 92. Plea: Guilty. Finding: Guilty. Specification 1: On or about 3 May 2016, fail to obey a lawful general regulation, to wit: Fort Hood Regulation 190-11, dated 6 November 2014, by failing to register his privately owned firearm. Plea: Guilty. Finding: Guilty. Specifications 2 and 3: Dismissed on motion of Trial Counsel. Charge IV, in violation of Article 112a. Plea: Guilty. Finding: Guilty. Specifications 1, 2 and 3: Dismissed on motion of Trial Counsel. Specification 4: On or about 16 May 2016, wrongfully use methamphetamine. Plea: Guilty. Finding: Guilty. Charge V, in violation of Article 128. Dismissed on motion of Trial Counsel. The sentence adjudged: confined for four months, to forfeit $251 pay per month for four months, and to be reduced to the grade of Staff Sergeant (E-6). i. Lost Time / Mode of Return: 7 days: AWOL, 3 March 2016 - 7 March 2016 / NIF AWOL, 15 March 2016 - 18 March 2016 / NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; self-authored statement; DD Form 214; copies of Special Court-Martial Order Number 3; separation authority's approval of Chapter 10 discharge in lieu of trial by court-martial. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with application. 7. STATUTORY, REGULATORY AND POLICY REFERENCE(S): a. Section 1553, Title 10, United States Code (Review of Discharge or Dismissal) provides for the creation, composition, and scope of review conducted by a Discharge Review Board(s) within established governing standards. As amended by Sections 521 and 525 of the National Defense Authorization Act for Fiscal Year 2020, 10 USC 1553 provides 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), Traumatic Brain Injury (TBI), sexual trauma, intimate partner violence (IPV), or spousal abuse, as a basis for discharge review. The amended guidance provides 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, sexual trauma, IPV, or spousal abuse, as a basis for the discharge. Further, the guidance provides that Military Boards for Correction of Military/Naval Records and Discharge Review Boards will develop and provide specialized training specific to sexual trauma, IPV, spousal abuse, as well as the various responses of individuals to trauma. b. Multiple Department of Defense Policy Guidance Memoranda published between 2014 and 2018. The documents are commonly referred to by the signatory authorities' last names (2014 Secretary of Defense Guidance [Hagel memo], 2016 Acting Principal Deputy Under Secretary of Defense for Personnel and Readiness [Carson memo], 2017 Official Performing the Duties of the Under Secretary of Defense for Personnel and Readiness [Kurta memo], and 2018 Under Secretary of Defense for Personnel and Readiness [Wilkie memo]. (1) Individually and collectively, these documents provide further clarification 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. (2) 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. c. Army Regulation 15-180 (Army Discharge Review Board), sets forth the policies and procedures under which the Army Discharge Review Board is authorized to review the character, reason, and authority of any Servicemember discharged from active military service within 15 years of the Servicemember's date of discharge. Additionally, it prescribes actions and composition of the Army Discharge Review Board under Public Law 95-126; Section 1553, Title 10 United States Code; and Department of Defense Directive 1332.41 and Instruction 1332.28. d. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. (1) Chapter 3, Section II provides the authorized types of characterization of service or description of separation. (2) Paragraph 3-7a states an Honorable discharge is a separation with honor and is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. (3) Paragraph 3-7b states a General discharge is a separation from the Army under honorable conditions and is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. (4) Paragraph 3-7c states Under other-than-honorable-conditions discharge is an administrative separation from the Service under conditions other than honorable and it may be issued for misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial based on certain circumstances or patterns of behavior or acts or omissions that constitute a significant departure from the conduct expected of Soldiers in the Army. (5) 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. (6) Paragraph 10-8a stipulates a discharge under other than honorable conditions normally are appropriate for a Soldier who is discharged in lieu of trial by court-martial. However, 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, sec II.) (7) Paragraph 10b stipulates 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. e. Army Regulation 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. f. Army Regulation 601-210, Regular Army and Reserve Components Enlistment Program, governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the U.S. Army Reserve, and Army National Guard for enlistment per DODI 1304.26. It also prescribes the appointment, reassignment, management, and mobilization of Reserve Officers' Training Corps cadets under the Simultaneous Membership Program. Chapter 4 provides the criteria and procedures for waiverable and nonwaiverable separations. Table 3-1, defines reentry eligibility (RE) codes: RE-4 Applies to: Person separated from last period of service with a nonwaiverable disqualification. This includes anyone with a DA imposed bar to reenlistment in effect at time of separation, or separated for any reason (except length of service retirement) with 18 or more years active Federal service. Eligibility: Ineligible for enlistment. 8. DISCUSSION OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. The applicant requests an upgrade to general, (under honorable conditions). The applicant's record of service, the issues and documents submitted with the 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. The applicant's AMHRR does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial, with a characterization of service of under other than honorable conditions. The applicant's record is void of documentation showing he requested a discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial, however, the evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. Per the separation authority's approval of discharge request, the applicant, in consultation with legal counsel, voluntarily requested, in writing, a discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense, and indicated an understanding an under other than honorable conditions discharge could be received, and the discharge would have a significant effect on eligibility for veterans' benefits. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. The applicant contends he had 20 years of honorable service, including three combat tours and award of the Bronze Star. The Board considered the service accomplishments and the quality of service. The applicant contends the event which led to the discharge from the Army was an isolated incident. Army Regulation 635-200, in pertinent part, stipulates circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. 9. BOARD DISCUSSION AND DETERMINATION: a. As directed by the 2017 memo signed by A.M. Kurta, the board considered the following factors: (1) Did the applicant have a condition or experience that may excuse or mitigate the discharge? Yes. The Applicant has been diagnosed with the following potentially mitigating conditions: Adjustment Disorder, Major Depressive Disorder, PTSD, and has a history of mild TBI. (2) Did the condition exist or experience occur during military service? Yes. The applicant was diagnosed with Adjustment Disorder while in service. The VA has diagnosed the applicant with MDD, combat-related PTSD, and combat-related mild TBI post-service. (3) Does the condition or experience actually excuse or mitigate the discharge? Partially. It is the opinion of the Agency BH Advisor that the applicant has several BH conditions, PTSD/MDD/mild TBI, which mitigate most of his misconduct. As there is an association between PTSD/MDD/mTBI and the illicit use of substances to self-medicate symptoms, there is a nexus between his diagnosis of these aforementioned conditions and his wrongful use of methamphetamine. As there is an association between PTSD and mild TBI and avoidance behavior, there is a nexus between these conditions and his two periods of AWOL. As there is an association between PTSD and difficulty with authority figures, there is a nexus between PTSD and his failure to obey orders. Neither PTSD, MDD, nor mild TBI mitigates his failure to register his privately owned firearm. Given his history of dealing with drug dealers, it is the opinion of the Agency BH advisor that his decision to not register a weapon was made with intent and forethought in that the applicant most likely realized that if he attempted to register his weapon, the civilian and/or military authorities would realize this and take action, given that he had a history of methamphetamine dependence and had been incarcerated from May to Oct 2016. (4) Does the condition or experience outweigh the discharge? Partially. The Board concurred with the opinion of the Agency BH Advisor, a voting member, that PTSD/MDD/mTBI are often associated with avoidance behavior and use of illicit drugs to self-medicate symptoms. As a result, the ADRB applied liberal consideration and found that the cause for separation is partially mitigated by PTSD/MDD/mTBI. The applicant's offense of failing to register a weapon is not medically mitigated, as there is no nexus between that behavior and the BH conditions listed. b. Response to Contentions: (1) The applicant contends 20 years of honorable service, including three combat tours and award of the Bronze Star. The Board recognizes and appreciates the applicant's service and considered this contention during board proceedings. (2) The applicant contends the event which led to the discharge from the Army was an isolated incident. The Board determined that this contention was valid and voted to upgrade the characterization of service due to PTSD/MDD/mTBI mitigating the applicant's wrongful use of methamphetamine, failure to obey orders from authority figures, and AWOL charges. c. The Board determined after carefully examining the applicant's record of service during the period of enlistment under review and all other evidence presented, the Board determined that clemency is warranted based on applicant's length and quality of service, to include combat service, prior period of honorable service to include valor, and the circumstances surrounding the discharge (i.e. in-service diagnosis of Adjustment Disorder), and post-service diagnoses of Major Depressive Disorder (MDD), PTSD, and mild TBI. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant had PTSD/MDD/mTBI which clemency was warranted for applicant's length and quality of service, to include combat service, prior period of honorable service to include valor, and the circumstances surrounding the discharge (i.e. in-service diagnosis of Adjustment Disorder), and homelessness. Thus the prior characterization is no longer appropriate. (2) The Board voted not to change the applicant's reason for discharge or accompanying SPD code, as the reason the applicant was discharged was both proper and equitable. (3) The RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason / SPD Code to: No Change d. Change RE Code to: No Change e. Change Authority to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave AMHRR - Army Military Human Resource Record BCD - Bad Conduct Discharge BH - Behavioral Health CG - Company Grade Article 15 CID - Criminal Investigation Division ELS - Entry Level Status FG - Field Grade Article 15 GD - General Discharge HS - High School HD - Honorable Discharge IADT - Initial Active Duty Training MDD - Major Depressive Disorder MP - Military Police MST - Military Sexual Trauma N/A - Not applicable NCO - Noncommissioned Officer NIF - Not in File NOS - Not Otherwise Specified OAD - Ordered to Active Duty OBH (I) - Other Behavioral Health (Issues) OMPF - Official Military Personnel File PTSD - Post-Traumatic Stress Disorder RE - Re-entry SCM - Summary Court Martial SPCM - Special Court Martial SPD - Separation Program Designator TBI - Traumatic Brain Injury UNC - Uncharacterized Discharge UOTHC - Under Other Than Honorable Conditions VA - Department of Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20190006292 6