1. Applicant's Name: a. Application Date: 13 August 2019 b. Date Received: 19 August 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 honorable and that his rank be restored to Sergeant. The applicant seeks relief contending, in effect, he had excellent service until his PTSD issues got the best of him. The applicant served in OIF and had excellent service until 2005. In 2004, the applicant started seeking medical help for PTSD, depression, anxiety and stress issues. The applicant has seen a psychologist for a while and then a psychiatrist for a period of time. The applicant states, they had him on all kinds of medications and he had no inhibitions at all. The applicant was a loose cannon and spiraled out of control and failed two urinalysis tests. The applicant states, he was extremely foolish at the end of his service and should have been in a rehabilitation center, but at the same time, he was pushing towards reclassifying, getting a divorce, and fighting depression. He failed miserably. The applicant states, he was mistreated for PTSD, anxiety, stress, and had some severe mental issues as he failed drug tests while trying to numb his pain and issues. The applicant accepts responsibility, but he knows things could have been different. Prior to 2005, he served in Iraq, and had excellent marks in PLDC, where he made Distinguished Graduate, and he earned a plethora of awards and successes. After 2005, the applicant came home and received help from his family, became a banker and went to Banking School. The applicant earned a Master's Degree from Seminary and is currently in the doctorate course of Ministry with a major in Counseling because, which is a subject important to him. The applicant summarizes that he came home really unstable and sought help and it was a disaster. In his life, he has had two major mistakes and they are hard to even discuss. The applicant needed help and he does not believe he received the help that he needed. The applicant took pills that made him want more pills. The applicant states his record before and after all of this, is flawless. The applicant is a very successful banker, father, and a core member of his community. 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 PTSD. The applicant is 70% service-connected from the VA. The VA has also diagnosed the applicant with Unspecified Anxiety Disorder. 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 September 2020, 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 (service- connected PTSD diagnosis), prior period of honorable service, and post-service accomplishments. 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. (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: 12 September 2005 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 24 August 2005, the applicant was charged with violating Article 112a, UCMJ, for wrongfully using cocaine between 29 May and 1 June 2005. (2) Legal Consultation Date: 24 August 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: 29 August 2005 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 March 2004 / 3 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-5 / 15P10, Aviation Operations Specialist / 5 years, 3 months, 6 days d. Prior Service / Characterizations: RA, 7 June 2000 - 21 March 2004 / HD e. Overseas Service / Combat Service: SWA / Kuwait - Iraq (9 February 2002 - 9 August 2002; 27 January 2003 - 4 June 2003) f. Awards and Decorations: PUC, NDSM, AFEM, NCOPDR, ASR, GWOTSM g. Performance Ratings: NIF h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. Electronic Copy of DD Form 2624, dated 18 January 2005, reflects the applicant tested positive for DMET 91 (D-Methamphetamine); MDMA 7008 (ecstasy); MET 885 (methamphetamine); and, MDA 569 (methylenedioxyamphetamine), during an Inspection Random (IR) urinalysis testing, conducted on 2 January 2005. Electronic Copy of DD Form 2624, dated 7 June 2005, reflects the applicant tested positive for COC 458 (cocaine), during an Inspection Random (IR) urinalysis testing, conducted on 1 June 2006. CID Report of Investigation - Initial Final, dated 16 August 2005, reflects an investigation established probable cause to believe the applicant committed the offense of Wrongful Use of a Controlled Substance and false official statement. On 1 June 2005, the applicant submitted a urine sample, which tested positive for cocaine. On 11 August 2005, the applicant was advised of his right, which he waived and denied he used cocaine, a statement he knew to be false. This was the applicant's second illicit drug offense since 1 January 2005. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a Chronological Record of Medical Care, dated 15 Junes 2005, which reflects the applicant was treated for Chronic Major Depression. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; DD Form 214; self-authored statement; Honorable Discharge Certificate; Orders 113-352; AGCM certificate; Permanent Orders 208-05; three Certificates of Achievements; Distinguished Graduate Diploma; ARCOM certificate; DA Form 638; Police Record Check; Enlisted Record Brief; DA Form 1059; Banking School certificate; two Certificates of Completion; Curriculum Vitae; Annual Performance Evaluation Questionnaire; Separation Authority Decision memorandum; third party letter; Employee Performance Evaluation; College Transcripts. 6. POST SERVICE ACCOMPLISHMENTS: The applicant stats, he earned a Master's Degree from Seminary and is currently in the doctorate course of Ministry with a major in Counseling. 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 and that his rank be restored to Sergeant. 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 requests a restoration of rank. However, the applicant's requested change to the DD Form 214 does not fall within the purview of this 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 applicant contends he was suffering from PTSD, which affected his behavior and led to his discharge. The applicant's service record contains documentation that supports a diagnosis of in service chronic major depression. 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 contends that he was having family issues that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant contends that he had good service which included two combat tours. 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 is to be commended for his accomplishments. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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 September 2020, 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 (service-connected PTSD diagnosis), prior period of honorable service, and post-service accomplishments. 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. 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 / 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 AR20190012557 1