1. Applicant's Name: a. Application Date: 4 September 2019 b. Date Received: 10 October 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. The applicant seeks relief contending, in effect, that he had returned from deployment and was not in his right frame of mind. Since his discharge he has been diagnosed with PTSD and depression and request that it be taken into consideration that he had honorable service for his first term of service. The applicant also contends that an undiagnosed, mistreated lead him to behavioral discharge. During his exit he visited military doctors on Fort Bragg, Womack Army Medical Center and also Robinson Mental Health Clinic at Fort Bragg and was diagnosed with chronic depression and PTSD, but was not medically discharged on behalf of his superiors did not believe or acknowledge his mental health issues. 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 30% service-connected from the VA. The VA has also diagnosed the applicant with MDD, Amphetamine, Cocaine, Cannabis, and Benzo Dependence. 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 25 September 2020, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service to include combat service, prior period of honorable service, and the circumstances surrounding the discharge (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: 21 August 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 July 2009 (2) Basis for Separation: The evidence of record contains a DD Form's 458, Charge Sheets which indicates on 14 July 2009, the applicant was charged with the following: On diver's occasions failing to go to his designed place of duty between 6 February 2008, 20 October 2008, and 21 October 2008; ` Four specification of being AWOL (16 April 2008 to 9 July 2008, 12 August 2008 to 5 September 2008, 30 October 2008 to 14 May 2009, and 2 July 2009 to 7 July 2009); Failing to report on divers occasions between (26 May 2009 and 5 June 2009 and between 8 June 2009 and 29 June 2009); Two specification of disobeying a lawful order from a noncommissioned officer on (28 June 2008 and 1 July 2009); Disobeying a lawful order of a Chief Warrant Officer on (25 June 2009); and Wrongfully using marijuana between (14 April 2009 and 14 May 2009). (3) Recommended Characterization: The unit command and the entire chain of command recommended approval of the Chapter 10 request with an under other than honorable conditions discharge (4) Legal Consultation Date: 6 August 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 10 August 2009 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 October 2007 / 4years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-4 / 94F10 Computer Detection Systems Repairer / 3 years, 10 months, 28 days d. Prior Service / Characterizations: RA, 19 October 2004 to 24 October 2007 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: AGCM, NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 25 January 2007, for dereliction of duty 4 December 2006. The punishment consisted of reduction to E-3, forfeiture of $380.00, and extra duty for 14 days FG Article 15, dated 1 August 2008, for being absent without leave from 16 April 2008 until his return on 9 July 2008. The punishment consisted of reduction two E-1, forfeiture of $673.00 for two months (suspended), and extra duty for 45 days. Several DD Form's 4187 changing the applicant's duty status from present for duty (PDY) to absent without leave (AWOL), AWOL to PDY, PDY to dropped from rolls (DFR), and DFR to PDY i. Lost Time / Mode of Return: Total time lost 337 days; AWOL on four occasions / mode of return unknown: 82 days (16 April 2008 to 8 July 2008); 24 days (12 August 2008 to 4 September 2008); 195 days (30 October 2008 to 13 May 2009); 5 days (2 July 2009 to 6 July 2009); and 31 days of military confinement (11 July 2009 to 10 August 2009). j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 149; medical documents from the Tuskegee VAMC of medications taken; and DD Form 214 for the period of service under review. 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 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 several offenses 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 she indicated she understood she 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 (under honorable conditions) discharge by the separation authority at the time of discharge. The applicant seeks relief contending that he had returned from deployment and was not in his right frame of mind. Since his discharge he has been diagnosed with PTSD and depression and request that it be taken into consideration that he had honorable service for his first term of service. The applicant also contends that an undiagnosed, mistreated lead him to behavioral discharge. During his exit he visited military doctors on Fort Bragg, Womack Army Medical Center and also Robinson Mental Health Clinic at Fort Bragg and was diagnosed with chronic depression and PTSD, but was not medically discharged on behalf of his superiors did not believe or acknowledge his mental health issues. The applicant's contentions were noted; however, the service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. Further, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. 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 character of the applicant's discharge is commensurate with his overall service record. 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 25 September 2020, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service to include combat service, prior period of honorable service, and the circumstances surrounding the discharge (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 AR20190014986 4