1. Applicant's Name: a. Application Date: 3 September 2019 b. Date Received: 9 September 2019 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable. The applicant seeks relief contending, in effect, he suffered from PTSD stemming from his Iraq tour in 2007-2008. He was home for a short period of time from Afghanistan and his PTSD was full force and controlling his life. He finally got help after his life fell apart. He is being treated by the VA for his PTSD. 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 Nicotine Dependence. The VA has also diagnosed the applicant with PTSD, migraines, Generalized Idiopathic Epilepsy, Major Depressive Disorder, Cannabis Abuse, Anxiolytic/Hypnotic abuse. The applicant is 80% service connected, 30% for PTSD and 50% for migraine headaches. 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 4 November 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's quality of service, to include combat service, the circumstances surrounding the discharge (service-connected OBH/PTSD diagnosis), and prior period of honorable service. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 135-178, Chapter 13. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Unsatisfactory Participation / AR 135- 178 / Chapter 13-1 / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 7 February 2014 c. Separation Facts: Yes / Partial (1) Date of Notification of Intent to Separate: 12 November 2013 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he had an accumulation of over nine (9) unexcused absences within a 12-month period. (3) Recommended Characterization: The applicant's chain of command recommended an Under Other Than Honorable Conditions Discharge (4) Legal Consultation Date: The applicant's election of rights is not contained in the available record and government regularity is presumed in the discharge process. (5) Administrative Separation Board: The applicant failed or refused to respond to the notification of separation within 30 calendar days. Unless an extension is granted, failure to respond in writing within 30 calendar days of his receipt of the notification memorandum constituted a waiver of his rights. (6) Separation Decision Date / Characterization: NIF / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 March 2005 / 8 years / 6 months extension / 1 February 2011 / 6-year extension / 12 July 2012 b. Age at Enlistment / Education / GT Score: 21 years / GED Certificate / 102 c. Highest Grade Achieved / MOS / Total Service: E-5 / 91D20, Power Generation Equipment Repairer / 8 years, 10 months, 22 days d. Prior Service / Characterizations: USAR,16 March 2005 to 19 April 2005 / NA IADT, 20 April 2005 to 19 September 2005 / HD ARNG, 20 September 2005 to 1 May 2007 / NA AD, 2 May 2007 to 23 May 2008 / HD ARNG, 24 May 2008 to 12 February 2012 / NA AD, 13 February 2012 to 10 November 2012 / HD (Concurrent Service) e. Overseas Service / Combat Service: SWA / Kuwait / Iraq, 13 July 2007 to 26 April 2008 / Afghanistan, 28 April 2012 to 30 September 2012 f. Awards and Decorations: ARCOM-2, AGCM, NDSM, ICM-CS, ACM-CS, GWOTSM, AFRM-"M" DEV, NOPDR, ASR, OSR-2, NATO MDL, CAB, MUC g. Performance Ratings: 23 June 2009 to 30 November 2009, Fully Capable 1 December 2009 to 30 September 2010, Marginal h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 2 October 2010, for wrongful use of marijuana, as evidenced by a positive urinalysis test. This conduct is to the prejudice of good order and discipline in the military and of a nature to bring discredit upon the armed forces (6 December 2009); reduction to SPC / E-4. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and discharge orders 038-102. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 135-178 governs procedures covering enlisted personnel management of the Army Reserve. Chapter 13 provides in pertinent part, 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 accrue during a one-year period and attempts to have the Soldier respond or comply with orders or correspondence have resulted in the Soldier's refusal to comply with orders or correspondence; or a notice sent by certified mail was refused, unclaimed, or otherwise undeliverable; or verification that the Soldier has failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed. Discharge action may be taken when the Soldier cannot be located or is absent in the hands of civil authorities in accordance with the provisions of AR 135-91, paragraph 2-18, and Chapter 3, Section IV, of AR 135-178. Army policy states 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. 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 the characterization of service from under other than honorable conditions to honorable. The applicant's available record of service, the issues and document submitted with his application were carefully reviewed. The applicant's record is void of the complete facts and circumstances concerning the events which led to the former Soldier's discharge from the US Army Reserve. However, the record shows on 7 February 2014, State of Michigan, Department of Military and Veterans Affairs, Lansing, Michigan, Orders 038-102, discharged the applicant from the US Army Reserve, effective date; 7 February 2014, with an under other than honorable conditions discharge. The record confirms the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline and diminished the quality of his service below that meriting an honorable or general discharge by his refusal to participate in unit drills. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained in the US Army Reserve. Barring evidence to the contrary, the presumption of government regularity shall prevail, as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant seeks relief contending, he suffered from PTSD stemming from his Iraq tour in 2007-2008; and he was home for a short period of time from Afghanistan and his PTSD was full force and controlling his life. The service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant further contends, he finally got help after his life fell apart and he is being treated by the VA for his PTSD. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was being treated by the VA for his PTSD at the he submitted his application for review by the Army Discharge Review Board. 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 4 November 2020, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's quality of service, to include combat service, the circumstances surrounding the discharge (service-connected OBH/PTSD diagnosis), and prior period of honorable service. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 135-178, Chapter 13. 10. BOARD ACTION DIRECTED: a. Issue a New Separation Order: Yes b. Change Characterization to: Honorable c. Change Authority to: AR 135-178, Chapter 13 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 AR20200000790 1