1. Applicant's Name: a. Application Date: 14 November 2019 b. Date Received: 27 December 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 general (under honorable conditions). The applicant seeks relief contending, in effect, he is completely a different person than the one he was over 10 years ago. The applicant states, he was young and trouble and suffered from undiagnosed schizophrenia and PTSD. Now, he receives treatment and is working hard to better his life. The applicant attends college and is pursuing his Associate's Degree at Miami Dade College. The applicant's hope is to one day earn his Master's Degree. The applicant served in Operation Iraqi Freedom, where he risked life and limb daily in the defense of the country he loves. The applicant is proud of his service in the Army infantry and believes he deserves to be upgraded to the more respectable general discharge. 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 VA has also diagnosed the applicant with Alcohol Use Disorder, and Amphetamine Use Disorder, MDD. The applicant is service connected for combat related PTSD. 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 30 October 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, and the circumstances surrounding the discharge (service-connected PTSD diagnosis). Therefore, the Board voted to grant relief in the form of an upgrade of 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: 9 August 2007 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 30 June 2007, the applicant was charged with: Charge I: Violation of Article 89, UCMJ: the applicant did on or about 30 June 2007, behave himself with disrespect toward Major K. G., his superior commissioned officer, then known by the accused to be his superior commissioned officer, by saying to him, who the fuck are you, so you're a fucking Major, huh, and get the fuck out of my face, or words to that effect. Charge II. Violation of Article 95, UCMJ: Specification 1: The applicant did on or about 23 June 2007, resist being apprehended by Sergeant J. L., an armed force policeman, a person authorized to apprehend the accused. Specification 2: The applicant did on or about 30 June 2007, resist being apprehended by Staff Sergeant J. R., an armed force policeman, a person authorized to apprehend the accused. Charge III: Violation of Article 108, UCMJ: The applicant did on or about 30 June 2007, damage by kicking, military property of the United States, the amount of said damage being in the sum of less than about $100. Charge IV: Violation Article 112a, UCMJ: The applicant did on or about between 3 June 2006 and 5 June 2006, wrongfully use ecstasy, a Schedule I controlled substance. Charge V: Violation of Article 134, UCMJ: Specification 1: The applicant was on or about 23 June 2007, drunk and disorderly, which conduct was of a nature to bring discredit upon the armed forces. Specification 2: The applicant was on or about 30 June 2007, drunk and disorderly, which conduct was of a nature to bring discredit upon the armed forces. (2) Legal Consultation Date: 1 July 2007 (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: 3 August 2007 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 July 2005 / 5 years, 16 weeks b. Age at Enlistment / Education / GT Score: 22 / GED / 111 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10 2C, Infantryman / 2 years, 14 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany, SWA / Iraq (1 September 2006 - 31 May 2007) f. Awards and Decorations: NDSM, GWOTEM, GWOTSM, ASR, OSR-2 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. Military Police Report, dated 23 March 2006, reflects the applicant was apprehended for: Drunk and Disorderly Conduct (Off Post). Military Police Report, dated 2 August 2006, reflects the applicant was apprehended for: Wrongful Use of a Controlled Substance (Hallucinogens) - Determined by urinalysis test (On Post). FG Article 15, dated 7 June 2006, for disrespectful language and deportment towards SGT S. C. by saying "What dog", "Fuck you man", "I'll fuck you up" and "Fuck off you punk bitch"(23 April 2006); disrespectful language towards SSG M. G. by saying "Mother fucker", "Fuck off" and "Fuck you" (23 April 2006); and, being drunk and disorderly (22 March 2006). The punishment consisted of a reduction to E-1; forfeiture of $636 pay; and, extra duty and restriction for 45 days. Military Police Report, dated 24 June 2007, reflects the applicant was apprehended for: Assault (Off Post); Resisting Apprehension (Military) (Off Post); and, Drunk and Disorderly (Off Post). i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided copies of his VA medical records, which reflect he was diagnosed with: PTSD; MDD, moderate; R/O Substance induced depressive disorder; Amphetamine use disorder, severe, in early remission; Alcohol use disorder, in sustained remission; and, Nicotine use disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 214; VA medical records; 6. POST SERVICE ACCOMPLISHMENTS: The applicant receives treatment and is working hard to better his life. The applicant attends college and is pursuing his Associate's Degree at Miami Dade College 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 general (under honorable conditions). 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 contends that he was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant contends the VA has diagnosed him with PTSD. 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 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 applicant contends that he had good service, which included a combat tour. 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 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 30 October 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, and the circumstances surrounding the discharge (service-connected PTSD diagnosis). Therefore, the Board voted to grant relief in the form of an upgrade of 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 AR20200000352 6