ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS 
IN THE CASE OF:   BOARD DATE: 2 April 2021 DOCKET NUMBER: AR20200006835 
APPLICANT REQUESTS: through Counsel, upgrade of his under other than honorable conditions (UOTHC) discharge and personal appearance before the Board 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
• 
DD Form 149 (Application for Correction of Military Record) 

• 
Counsel’s letter 

• 
self-authored statements 

• 
Secretary of Defense memorandum 

• 
DA Form 20 (Enlisted Qualification Record) 

• 
DA Form 20B (Insert Sheet to DA Form 20) 

• 
Standard Form 89 (Report of Medical History) 

• 
two Standard Forms 88 (Report of Medical Examination) 

• 
three DA Forms 2627-1 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ) 

• 
Headquarters, U.S. Army Training Center, Field Artillery Special Court-Martial Order Number 32 

• 
multiple pages of Standard Form 600 (Chronological Record of Medical Care) 

• 
Headquarters, U.S. Army Personnel Center Special Orders Number 117 

• 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 

• 
Dr. P____’s therapy report 

• 
two letters of support 

• 
DRN Counseling and Consulting Services and Associates counseling assessment 


FACTS: 
1. 
The applicant did not file within the 3-year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2. 
Counsel states he represents the applicant on a pro-bono basis in his request for a discharge upgrade as outlined in the Secretary of Defense Memorandum for Secretaries of the Military Departments, dated 3 September 2014. 

3. 
The applicant states: 


a. 
He has accepted responsibility for his mistakes and believes he should receive a discharge upgrade because he joined the Army as a volunteer during the draft in order to serve his country and get an education without realizing he had a mental health disorder until long after his discharge. This is the reason he had some isolated problems with authority figures at the time of his service. This disorder was not diagnosed or treated while he was enlisted and his problems never reached a level of violence to warrant not receiving an honorable discharge. 

b. 
Long after he was discharged he learned he had post-traumatic stress disorder (PTSD), depression, and anxiety and that he was abusing alcohol and drugs in order to deal with it. I now know after years of counseling it was related to events in his life of being physically abused. This behavior disorder did not help when it came to respecting authority while in the Army and he continued struggling with alcohol and drug problems years after his discharge.  He learned later on in life that it was very likely associated with having an abusive, alcoholic father. 


c. He feels as if many events during his military service were improperly handled. He received a court-martial after accepting nonjudicial punishment (NJP) under Article 15 of the UCMJ on three occasions. Although he accepted responsibility for the NJP, he thinks the punishment of receiving a UOTHC discharge is not fair, equitable, or proper for someone who was suffering from PTSD.  His first NJP was because he argued with a drill instructor during basic combat training (BCT) and since that time he wondered if the Army didn’t want him.  He felt as though that incident marked him in spite of the fact that he wanted to serve as a Soldier and went on to perform his duties during the Vietnam era as his father served in Korea before him.  Additionally, he only missed some formations and accepted NJP after each time and paid his fines, while he felt the argument he had with a lieutenant did not reach the level of a court-martial. Then, when his father died, he reacted very poorly and went absent without leave (AWOL), later returning for full duty. 
d. These NJPs were isolated incidents over a 2-year period that resulted in his UOTHC discharge. He now realized he was wrong at times, but he was also a loyal Soldier during the difficult times of the Vietnam era.  He does not think he was treated fairly or equitably given his offenses were committed while he was suffering from undiagnosed PTSD.  Had his PTSD been diagnosed at the time of his service, he believes he would not have been court-martialed.  The Army initially did not discharge him after these incidents and he went on to perform his duties as a Soldier at his permanent duty station with full intentions of being deployed to Vietnam if so ordered. 
e. 
His service records show the difficulties he had with behavior issues and he is told by his therapists that this is not unusual behavior for someone with his mental health condition.  It should also be taken into account that he generally got along with the other men in his unit as well as the other higher ranking officers. He never acted out his anger with violence toward them or anyone of his comrades and went on to perform his duties, graduating from BCT at the top of his platoon. He never had intentions of deserting his permanent duty station.  His long AWOL was the result of the extremely devastating news that his father died. Even though his father abused him, the new of his death caused him to behave in ways he normally would not have behaved.  Aside from that, he only missed two formations during his entire Army career of 2 years. 

f. 
He has been treated for PTSD and addiction/substance abuse disorder for the last 7 or more years. His mental health issues prevented him from seeking information and dealing in a meaningful manner with his past issues surrounding his PTSAD, since he, along with most people suffering from PTSD, was unable to take meaningful action to deal with the world around him.  He has provided copies of his treatment assessments which verify his condition at the time of these events. He felt rejection when he was incorrectly advised in 2014 to file a DD Form 239 (Application for the Review of Discharge from the Armed Forces of the United States) only to have it returned to him to be filed with the correct Board and he now knows through extensive counseling that his feelings of hopelessness and worthlessness returned when he felt incapable of doing anything consistent to move his case forward. 

g. 
He was put in touch with various agencies to help move his case forward and completed a request for his military records, which he did not receive for another 2 years.  It was only with the assistance of his mental health counselor and a pro-bono lawyer that he was able to finally able assemble his application to the ABCMR, including the painful task of asking for help from those in his life who were aware of his previous life and conditions he experienced at the time. 


4. 
A Standard Form 89, dated 23 June 1970, shows the applicant indicated in his medical history prior to enlistment having had the mumps and sever tooth or gum trouble, denying any other medical problems. 

5. 
A Standard Form 88, likewise dated 23 June 1970, shows the applicant underwent medical examination on the date of the form for the purpose of enlistment and was 


found qualified for enlistment with a physical profile rating of “1” in all categories. 
6. The applicant enlisted in the Regular Army on 29 June 1970. 
7. 
A DA Form 2627-1 shows the applicant accepted NJP under Article 15 of the UCMJ on 16 April 1971, for being found in bed on the date of the form while on security guard. 

8. 
Headquarters, U.S. Army Training Center, Field Artillery Special Court-Martial Order Number 32, dated 1 June 1971, shows the applicant was arraigned and tried before a special court-martial on 21 May 1971, where he was charged with and found guilty of absenting himself from his advanced individual training (AIT) unit without authority from 24 January 1971 until on or about 6 April 1971. He was sentenced to confinement at hard labor for 4 months and forfeiture of $40.00 per month for 4 months. 

9. 
A second DA Form 2627-1 shows he accepted NJP on 7 September 1971, for willfully disobeying a lawful order from his superior noncommissioned officer to report to the orderly room in Grafenwoehr, Germany, on 3 September 1971. 

10. 
The applicant’s records contain an Army in Europe (AE) Form 1107 (Bar to Enlistment/Reenlistment), dated 12 November 1971, which shows a record of his NJP and court-martial conviction. It states his performance since his arrival at his unit had been characterized by shirking, insubordination, and AWOL. He was counseled several times on his attitude and performance of duty, all of which had no effect on him. His appearance and conduct were below that of the command and below the standards of the U.S. Army.  He has worked under several noncommissioned officers, but all attempts to rehabilitate him failed. 

11. 
A Standard Form 88, dated 30 November 1971, shows the applicant underwent medical examination on the date of the form for the purpose of separation under the provisions of Army Regulation 635-212 (Personnel Separations – Discharge – Unfitness and Unsuitability).  The remarks show the applicant indicated his health had not changed since his last physical examination and he was in excellent health. He was found qualified for separation. 

12. 
A third DA Form 2627-1 shows the applicant again accepted NJP under Article 15 of the UCMJ on 18 January 1972, for the following misconduct: 

. 
for absenting himself without authority from his unit in Hanau, Germany from 0730 on 14 January 1972 and remaining absent until 1700 hours on 14 January 1972 

. 
for failing to go at the time prescribed to his appointed place of duty at guard mount on 15 January 1972 

. 
for willfully disobeying a lawful command form his superior commissioned officer to no bring animals in hi barracks room on 15 January 1972 



13. 
The applicant provided multiple pages of Standard Forms 600, which show various ailments for which he was treated while in the service, including the flu, shaving rash, 


upset stomach, hand pain, and sore throat. There is no evidence amongst these medical records of his diagnosis or treatment for mental health conditions. 
14. 
The applicant’s discharge packet is not in his available records for review. 

15. 
The applicant’s DD Form 214 shows he was discharged under conditions other 


than honorable on 26 April 1972, after 1 year, 6 months, and 26 days of net active service, under the provisions of Army Regulation 635-212, with Separation Program Number (SPN) 28B (Unfitness, frequent involvement in incidents of a discreditable nature with civil or military authorities). 
16. A therapy report from Dr. P____, dated 21 June 2012 shows: 
a. 
The applicant had symptoms of depressed mood, difficulty falling, difficulty staying asleep, decreased focus, decreased concentration, and panic attacks. He was diagnosed with PTSD and mood disorder, not otherwise specified. 

b. 
The applicant was being seen for a medication check after having not been there since October 2010.  He was in school to become a credentialed alcohol and substance abuse counselor (CASAC) and his chief complaints were depression and anxiety related to increased stress of school.  He was put on a trial of Zoloft to target his depression and anxiety and was to resume mental health counseling. 

c. 
Further symptoms noted were low self-esteem, feelings of worthlessness, helplessness, emotional/physical/sexual trauma, emotional/physical/sexual perpetrator, and substance abuse. It was noted the applicant had been sober many years. 


17. The applicant provided two letters of support from his siblings. 
a. 
His brother wrote on 27 August 2018 that he has been a probation officer for almost 30 years and has seen first-hand the physical, emotional, and mental abuse the applicant suffered at the hands of their father as a child, who was an angry alcoholic who took out most of his anger on the applicant. As a probation officer, he worked with many individuals who suffered childhood abuse and most of them suffered from uncontrollable rage resulting from the abuse and did not want to go to counseling because of the stigma in the African American community surrounding counseling.  He believes his brother suffered from PTSD and/or other mental health issues due to the childhood abuse he suffered, but has turned his life around by giving his life to Christ, graduating from college in his 60s, working as a chemical health counselor and doing many speaking engagements. 

b. 
His sister wrote a letter on 5 September 2018, stating their father became an alcoholic after he lost his job.  Her brother began to seek attention and acting up in 


school which resulted in getting beat by their father. When he came home from the Army he was an alcoholic and addict, when he previously would never touch a drink or drugs.  He has been sober for 11 years and sent back to school eventually getting an Associate’s Degree in chemical dependency, working as a counselor.  As she works with troubled kids, she now realizes her brother was suffering from PTSD long before his diagnosis in 2002 and he was just a misguided young man who took a while to become a man by God’s grace. 
18. A DRN Counseling and Consulting Services and Associates counseling assessment, dated 18 March 2020 shows: 
a. 
The applicant was initially seen on 6 April 2015, 13 November 2019, and again on 18 March 2020 as a self-referral who was formerly incarcerated on drug-related charges. He reported depressed mood, high level of stress, and in the past experienced dependency issues on drugs and alcohol.  He reported having a UOTHC discharge from the Army due to issues of insubordination and was AWOL to see his dying father.  He since reports being clean from all substances and is pursuing a college diploma, on track to graduate in 2015. 

b. 
The applicant reported his childhood was troublesome for the most part as his father was alcoholic and physically abusive toward him, predisposing him to display a pattern of behavior not unlike his father.  He was diagnosed with PTSD with evidence of depressed mood, alcohol use disorder (severe) in full remission, and other unspecified stimulant use disorder (severe) in full remission. 


19. Based on the applicant’s condition the Army Review Boards Agency medical staff provided a medical review for the Board members: 
a. 
The applicant is applying to the Army Board for Correction of Military Records (ABCMR) for through Counsel, upgrade of his under other than honorable conditions (UOTHC) discharge and personal appearance before the Board. 

b. 
He has accepted responsibility for his mistakes and believes he should receive a discharge upgrade because he joined the Army as a volunteer during the draft in order to serve his country and get an education without realizing he had a mental health disorder until long after his discharge. This is the reason he had some isolated problems with authority figures at the time of his service. This disorder was not diagnosed or treated while he was enlisted and his problems never reached a level of violence to warrant not receiving an honorable discharge. 

c. 
Long after he was discharged he learned he had post-traumatic stress disorder (PTSD), depression, and anxiety and that he was abusing alcohol and drugs in order to deal with it. I now know after years of counseling it was related to events in his life of being physically abused. This behavior disorder did not help when it came to respecting authority while in the Army and he continued struggling with alcohol and drug problems years after his discharge.  He learned later on in life that it was very likely associated with having an abusive, alcoholic father. 

d. 
He feels as if many events during his military service were improperly handled. He received a court-martial after accepting nonjudicial punishment (NJP) under Article 15 of the UCMJ on three occasions. Although he accepted responsibility for the NJP, he thinks the punishment of receiving a UOTHC discharge is not fair, equitable, or proper for someone who was suffering from PTSD. 

e. 
He does not think he was treated fairly or equitably given his offenses were committed while he was suffering from undiagnosed PTSD.  Had his PTSD been diagnosed at the time of his service, he believes he would not have been court­martialed. 

f. 
The ABCMR Behavioral Health (BH) Advisor was asked to review this case. Documentation reviewed includes: 


. 
DD Form 149 (Application for Correction of Military Record) 

. 
Counsel’s letter 

. 
self-authored statements 

. 
Secretary of Defense memorandum 

. 
DA Form 20 (Enlisted Qualification Record) 

. 
DA Form 20B (Insert Sheet to DA Form 20) 

. 
Standard Form 89 (Report of Medical History) 

. 
two Standard Forms 88 (Report of Medical Examination) 

. 
three DA Forms 2627-1 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ) 

• 
Headquarters, U.S. Army Training Center, Field Artillery Special Court-Martial Order Number 32 

• 
multiple pages of Standard Form 600 (Chronological Record of Medical Care) 

• 
Headquarters, U.S. Army Personnel Center Special Orders Number 117 

• 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 

• 
Dr. P____’s therapy report 

• 
two letters of support 

• 
DRN Counseling and Consulting Services and Associates counseling assessment 

g. VA electronic medical record, Joint Legacy Viewer (JLV) was reviewed. 

h. 
A review of the Armed Forces Health Longitudinal Technology Application (AHLTA) & Health Artifacts Image Management Solutions (HAIMS) were not reviewed as they were not in use at the time of service. 

i. 
The ABCMR Record of Proceedings details the applicant’s military service and the circumstances of the case. The ROP indicates that the applicant entered military service on 29 June 1970 and was discharged on 26 April 1972, under conditions other than honorable. 

j. 
A Standard Form 89, dated 23 June 1970, shows the applicant indicated in his medical history prior to enlistment having had the mumps and sever tooth or gum trouble, denying any other medical problems. The applicant specifically denied depression, anxiety, sleep issues, nightmares, and drug issues. 

k. 
A Standard Form 88, likewise dated 23 June 1970, shows the applicant underwent medical examination on the date of the form for the purpose of enlistment and was 


found qualified for enlistment with a physical profile rating of “1” in all categories. 
l. 
A DA Form 2627-1 shows the applicant accepted NJP under Article 15 of the UCMJ on 16 April 1971, for being found in bed on the date of the form while on security guard. 

m. 
A second DA Form 2627-1 shows he accepted NJP on 7 September 1971, for willfully disobeying a lawful order from his superior noncommissioned officer to report to the orderly room in Grafenwoehr, Germany, on 3 September 1971. 

n. 
The applicant’s records contain an Army in Europe (AE) Form 1107 (Bar to Enlistment/Reenlistment), dated 12 November 1971, which shows a record of his NJP and court-martial conviction. It states his performance since his arrival at his unit had been characterized by shirking, insubordination, and AWOL. He was counseled several times on his attitude and performance of duty, all of which had no effect on him. His appearance and conduct were below that of the command and below the standards of the U.S. Army. 

o. 
A third DA Form 2627-1 shows the applicant again accepted NJP under Article 15 of the UCMJ on 18 January 1972, for the following misconduct: 

. 
for absenting himself without authority from his unit in Hanau, Germany from 0730 on 14 January 1972 and remaining absent until 1700 hours on 14 January 1972 

. 
for failing to go at the time prescribed to his appointed place of duty at guard mount on 15 January 1972 

• 
for willfully disobeying a lawful command from his superior commissioned officer to no bring animals in his barracks room on 15 January 1972 



p. 
The applicant provided multiple pages of Standard Forms 600, which show various ailments for which he was treated while in the service, including the flu, shaving rash, upset stomach, hand pain, and sore throat. There is no evidence amongst these medical records of his diagnosis or treatment for mental health conditions. 


q. A therapy report from Dr. P____, dated 21 June 2012 shows: 
The applicant had symptoms of depressed mood, difficulty falling, difficulty staying asleep, decreased focus, decreased concentration, and panic attacks. He was diagnosed with PTSD and mood disorder, not otherwise specified. 
r. A DRN Counseling and Consulting Services and Associates counseling assessment, dated 18 March 2020 shows: 
The applicant was initially seen on 6 April 2015, 13 November 2019, and again on 18 March 2020 as a self-referral who was formerly incarcerated on drug-related charges. He reported depressed mood, high level of stress, and in the past experienced dependency issues on drugs and alcohol.  He reported having a UOTHC discharge from the Army due to issues of insubordination and was AWOL to see his dying father.  He since reports being clean from all substances and is pursuing a college diploma, on track to graduate in 2015. 
The applicant reported his childhood was troublesome for the most part as his father was alcoholic and physically abusive toward him, predisposing him to display a pattern of behavior not unlike his father.  He was diagnosed with PTSD with evidence of depressed mood, alcohol use disorder (severe) in full remission, and other unspecified stimulant use disorder (severe) in full remission. 
s. JLV contains no results. No Behavioral Health Diagnosis. 
t. After reviewing the available information and in accordance with the 3 Sep 2014 Hagel Liberal Consideration Memorandum and the 25 Aug 2017 Clarifying Guidance, it is the opinion of the Agency Behavioral Health advisor that the applicant has of PTSD but this is not mitigating in this instance as there is no evidence that his PTSD was caused by or exacerbated by his military service. Liberal consideration does not include childhood onset of PTSD. The applicant met retention standards at the time of discharge. The applicant does not have a service connection. Under liberal guidance in this instance Childhood onset PTSD is a not mitigating factor for his unsatisfactory performance. 
BOARD DISCUSSION: 
After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board considered the applicant's statement, his record of service, the frequency and nature of his misconduct and the reason for his separation. The Board considered the review and conclusions of the medical advising official. The Board found that the applicant did have PTSD, but is not service-connected. After reviewing the evidence, to include the agency Behavioral Health advisors conclusions, the Board determined that the applicant's punishment was too harsh for the misconduct. Based on a preponderance of evidence, the Board determined that an upgrade of the applicant's character of service to Under Honorable Conditions (General) was appropriate as a matter of clemency. 
BOARD VOTE: 
Mbr 1 Mbr 2 Mbr 3 
:XXX :XXX :XXX GRANT FULL RELIEF 
: : : GRANT PARTIAL RELIEF 
: : : GRANT FORMAL HEARING 
: : : DENY APPLICATION 
BOARD DETERMINATION/RECOMMENDATION: 
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing him a DD Form 214 for the period ending 26 April 1972 showing his character of service as Under Honorable Conditions. 
X 
CHAIRPERSON 
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. 
REFERENCES: 
1. 
Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 

2. 
On 25 August 2017, the Office of the Undersecretary of Defense for Personnel and Readiness issued clarifying guidance for the Secretary of Defense Directive to DRBs and BCM/NRs when considering requests by veterans for modification of their discharges due in whole or in part to: mental health conditions, including PTSD, traumatic brain injury, sexual assault, or sexual harassment. Boards are to give liberal consideration to veterans petitioning for discharge relief when the application for relief is based, in whole or in part, on those conditions or experiences. The guidance further describes evidence sources and criteria and requires boards to consider the conditions or experiences presented in evidence as potential mitigation for misconduct that led to the discharge. 

3. 
On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations.  Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the court-martial forum. However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to any other corrections, including changes in a discharge, which may be warranted on equity or relief from injustice grounds. This guidance does not mandate relief, but rather provides standards and principles to guide BCM/NRs in application of their equitable relief authority.  In determining whether to grant relief on the basis of equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. 

4. 
 Army Regulation 635-212 (Personnel Separations – Discharge – Unfitness and Unsuitability), in effect at the time, set forth the basic authority for the elimination of enlisted personnel for unfitness and unsuitability. It stated when separation for unfitness was warranted, an undesirable discharge was normally considered appropriate. An individual was subject to separation for unfitness when one or more of the following conditions existed: 

. 
frequent incidents of a discreditable nature with civil or military authorities 

. 
sexual perversion, including but not limited to lewd and lascivious acts, indecent exposure, or indecent acts with or assault on a child 

. 
drug addiction or the unauthorized use or possession of habit-forming drugs or marijuana 

. 
an established pattern of shirking 

. 
an established pattern of dishonorable failure to pay just debts 

. 
an established pattern showing dishonorable failure to contribute adequate support to dependents, including failure to comply with orders, decrees, or judgments 



5. 
Army Regulation 635-200 (Personnel Separations – General Provisions for Discharge and Release), in effect at the time, set forth the basic authority for the separation of enlisted personnel. 


a. 
An honorable discharge is a separation with honor.  The issuance of an honorable discharge was conditioned upon proper military behavior and proficient and industrious performance of duty. 

b. 
A general discharge is a separation from the Army under honorable conditions of an individual whose military record was not sufficiently meritorious to warrant an honorable discharge. 

c. 
An undesirable discharge is an administrative separation from the service under conditions other than honorable. It was issued for unfitness, misconduct, or security reasons. 


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