1. Applicant's Name: a. Application Date: 22 October 2019 b. Date Received: 1 November 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: a. Applicant's Requests and Issues: The current characterization of service for the period under review is general (under honorable conditions). The applicant requests an upgrade to honorable conditions, a narrative reason and RE code change and rank reinstated. The applicant seeks relief contending, in effect, the applicant served honorably in two branches of service during wartime. The applicant states the request is for rank reinstatement and for the RE code provided, to reflect the service rendered. The applicant states upon returning home from Iraq the applicant suffered from severe PTSD and was changed from unit to unit without the applicant knowledge. The applicant states being absent from drill is unacceptable, but the behavior was not the applicant natural behavior and the record should reflect that. b. Board Type and Decision: In a records review conducted on 5 August 2022, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the circumstances surrounding the discharge (OBHI and PTSD diagnoses). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to Honorable. The Board determined the narrative reason/SPD code and RE code were proper and equitable and voted not to change them. 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: Unsatisfactory Participant / NGR 600- 200 / NIF / NA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 19 March 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 September 2004 / 1 year (The applicant extended his enlistment on 21 November 2004, for a period of 1 year and 4 months giving applicant a new ETS of 1 June 2006 and again on 4 February 2006, for a period of 3 years, with a new ETS of 6 June 2009). b. Age at Enlistment / Education / GT Score: 25 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 8 years, 5 months, 21 days d. Prior Service / Characterizations: USN, 30 September 1999 - 29 September 2003 / HD (Break in Service) ARNG, 28 February 2005 - 22 April 2006 / HD e. Overseas Service / Combat Service: SWA / Iraq (12 April 2005 - 10 April 2006) f. Awards and Decorations: ARCOM, NDSM, GWOTSM, ASR, OSR, AFRM-MD, CIB, ICM, OSB-2 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Orders 338-1047, dated 4 December 2007, reflect the applicant was reduced in grade from Specialist (SPC) to Private First Class (PFC), effective 4 December 2007. The reason for the reduction in grade is inefficiency. Orders 171-1004, dated 19 June 2008, reflects the applicant was reduced in grade from PFC to PV2, effective 18 June 2008. The reason for the reduction in grade is inefficiency. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of a VA disability rating decision, dated 22 October 2019, reflecting the applicant was rated 100 percent disability for a combined service-connected disability. The effective date of when the applicant became totally and permanently disabled is 19 November 2014. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; SF-15 Civil Service Preference Letter; VA Summary of Benefits. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the 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 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. (1) Paragraph 2-7, prescribes possible characterizations of service include an honorable, general (under honorable conditions), under other than honorable conditions, or uncharacterized if the Soldier is in entry-level status. However, the permissible range of characterization varies based on the reason for separation. (2) Paragraph 2-8, prescribes the characterization is based upon the quality of the Soldier's service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army regulations, and the time-honored customs and traditions of the Army. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. e. National Guard Regulation (NGR) 600-200 and Army Regulation (AR) 135-91 govern procedures covering enlisted personnel management of the Army National Guard. Chapter 6 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army National Guard. (1) Chapter 6 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army National Guard. (2) Paragraph 6-35j stipulates that individuals can be separated for being an unsatisfactory participant. AR 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur during a one-year period. 8. SUMMARY 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 honorable conditions and rank to be reinstated. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant's Army Military Human Resource Record (AMHRR) is void of the specific facts and circumstances concerning the events which led to the discharge from the Army National Guard. The applicant's AMHRR does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which reflects the applicant was not available for signature. The NGB Form 22, indicates the applicant was discharged under the provisions of NGR 600- 200, Sec 260 Calif M/VC & Para 8-27f, by reason of Unsatisfactory Participation, with a characterization of service of General (Under Honorable Conditions). The applicant contends the narrative reason for the discharge should be changed. The applicant was separated under the provisions of Sec 260 Calif M/VC & Para 8-27f, NGR 600-200, with a General (Under Honorable Conditions) discharge. The narrative reason specified by NGR 600- 200, for a discharge under this paragraph is "Unsatisfactory Participant." Governing regulations stipulate that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends good service, including a combat tour. The Board will considered the applicant service accomplishments and the quality of service according to the DODI 1332.28. The applicant contends after returning from Iraq the applicant suffered from severe PTSD and the VA has granted a service-connected disability for PTSD. The applicant provided a VA rating decision, which reflects the applicant was rated 100 percent service-connected disability. The criteria used by the VA in determining whether a former servicemember is eligible for benefits are different than that used by the Army when determining a member's discharge. The applicant's AMHRR is void of a mental status evaluation. The applicant contends he was changed from unit to unit without his knowledge. The applicant requests a reentry eligibility (RE) code change. The applicant contentions were carefully considered. However, the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the applicant to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing, it will still be his responsibility to meet the burden of proof since the discharge packet is not available in the official record. 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 Board's Medical Advisor, a voting member, reviewed the applicant's DOD and VA health records, applicant's statement, and/or civilian provider documentation and found that the applicant has the following potentially-mitigating diagnoses/experiences: Major Depression Disorder (MDD), PTSD, and Anxiety Disorder. (2) Did the condition exist or experience occur during military service? Yes. The applicant was seen at the VA while with the NG and diagnosed with PTSD and MDD. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that PTSD mitigated the accepted basis for separation - unsatisfactory participation. (4) Does the condition or experience outweigh the discharge? Yes. The Board concurred with the opinion of the Board's Medical Advisor, a voting member. As a result, the ADRB applied liberal consideration and found that the applicant's PTSD outweighed the unsatisfactory participation basis for separation. b. Response to Contention(s): (1) The applicant contends good service, including a combat tour. The Board recognizes and appreciates the applicant's willingness to serve and considered this contention during board proceedings along with the totality of the applicant's service record. (2) The applicant contends after returning from Iraq he suffered from severe PTSD and the VA has granted a service-connected disability for PTSD. The Board determined that this contention was valid and voted to upgrade the characterization of service due to PTSD mitigating the applicant's unsatisfactory participation. (3) The applicant contends being changed from unit to unit without applicant's knowledge. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's PTSD fully outweighing the applicant's unsatisfactory participation basis for separation. c. The Board determined that the characterization of service was inequitable based on the circumstances surrounding the discharge (OBHI and PTSD diagnoses). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to Honorable. The Board determined the narrative reason/SPD code and RE code were proper and equitable and voted not to change them. However, the applicant may request a personal appearance hearing to address further issues before the Board. The applicant is responsible for satisfying the burden of proof and providing documents or other evidence sufficient to support the applicant's contention(s) that the discharge was improper or inequitable. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD mitigated the applicant's misconduct of unsatisfactory participation - which the Board found in medical records and used as the accepted basis for separation since the complete facts and circumstances surrounding the discharge are not known due to the absence of the separation packet. Thus, the prior characterization is no longer appropriate. This recommendation was forwarded to the NGB for approval. (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 NGB Form 22a: Yes b. Change Characterization to: Honorable c. Change Reason: 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 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 AR20190014518 1