1. Applicant's Name: a. Application Date: 9 September 2019 b. Date Received: 16 September 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board will consider the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The applicant seeks relief contending, in effect, he was improperly diagnosed of TBI and PTSD. He was injured in Iraq to IEDs and did not receive the Purple Heart. 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 no information due to age of records. VA has diagnosed the applicant with combat-related PTSD, Cannabis Dependence and Alcohol Dependence. The applicant is not service connected for any disabilities due to fact he has an Under Other Than Honorable Conditions discharge. In summary, the applicant has a BH diagnosis that is partially mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 16 October 2020, and by a 5-0 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 (post-service diagnosis of PTSD). 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: 19 May 2005 c. Separation Facts: Yes (1) Date Charges Were Preferred: 24 March 2005 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 24 March 2005, the applicant was charged with wrongful use of marijuana between (11 December 2004 and 11 January 2005); and stealing a wallet, military identification card, AAFES Star Card, BB&T Bank Checking Card, and United States currency, of a value of $500 or less, the property of First Sergeant T.A.B. (11 January 2005). (3) Recommended Characterization: The applicant's chain of command recommended an Under Other Than Honorable Conditions discharge. (4) Legal Consultation Date: 4 April 2005, the applicant consulted with legal counsel and requested discharge in lieu of trial by court-martial. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 April 2005 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 September 2002 / 4 years / block 12a on the applicant's DD Form 214 dated entered active duty is incorrect, should read as annotated in the Case Report and Directive. See enlistment contract. b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / 88M1P, Motor Transport Operator / 2 years, 7 months, 3 days / Does not include the period of AWOL. d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan, 23 September 2004 to 1 November 2004 The record contains a DA Form 4187 signed by the applicant's intermediate and senior intermediate commanders recommending he be awarded the Purple Heart for being wounded in action on 30 December 2003 in support of Operation Iraqi Freedom. The applicant may apply to the to the Army Board for Correction of Military Records (ABCMR), to correct his DD Form 214. f. Awards and Decorations: AAM, NDSM, GWOTEM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Summary Court-Martial, dated 9 August 2004; the applicant was found guilty of without authority, absented himself from his unit (7 July 2004 to 4 August 2004). He was sentenced to reduction to PVT / E-1, forfeiture of $795 pay for one month and confinement for 30 days. Positive urinalysis test, test code not in file, dated 23 November 2004, for THC. FG Article 15, dated 7 December 2004, for wrongful use of marijuana, a Schedule I controlled substance between (23 October 2004 and 23 November 2004); forfeiture of $596 pay for two months, extra duty and restriction for 45 days. Positive urinalysis test coded IU (Inspection Unit), dated 11 January 2005, for THC. CID Report of Investigation, dated 28 January 2005, revealed the applicant was under investigation for larceny of private funds, conspiracy, larceny of government property and larceny of private property. i. Lost Time / Mode of Return: AWOL for 28 days, 7 July 2004 to 4 August 2004. This period is not annotated on the DD Form 214 block 29, dates of time lost during this period. j. Diagnosed PTSD / TBI / Behavioral Health: VA Progress notes, dated 31 July 2008, relates the applicant had an Axis I diagnosis of PTSD, Substance induced mood disorder vs. Dysthymia, cannabis dependence and alcohol abuse; Axis II deferred, Axis III TBI concussions, war related injuries, Axis IV severe-other psychosocial stressors, unemployed, legal problems and Axis V GAF of 50. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (two pages); DD Form 214; medical document; Hagel Memorandum, Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder (four pages); applicant's handwritten note; support statement; consult requests (five pages); and VA progress notes (58 pages). 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 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 did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. 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 document acts of significant achievement and valor to include combat; however, it did not support the issuance of a general or an honorable discharge by the separation authority at the time of separation. The applicant seeks relief contending, he was improperly diagnosed with TBI and PTSD. The applicant provided a VA progress notes revealed he had an Axis I diagnosis of PTSD, substance induced mood disorder vs dysthymia, cannabis dependence and alcohol abuse; Axis II deferred, Axis III TBI concussions, war related injuries, Axis IV severe-other psychosocial stressors, unemployed, legal problems and Axis V GAF of 50. The applicant further contends, he was injured in Iraq by IEDs and did not receive the Purple Heart. The applicant's contention does not fall within the purview of the Army Discharge Review 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 third party statement provided with the application speak highly of the applicant. They all recognize his good conduct after leaving the Army; however, the person providing the character reference statement was not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, this statement did not provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 16 October 2020, and by a 5-0 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 (post-service diagnosis of PTSD). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. 10. 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 AR20190014449 3