1. Applicant's Name: a. Application Date: 19 July 2019 b. Date Received: 26 July 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 and a restoration of his rank. The applicant seeks relief contending, in effect, he has PTSD and was rated at 70 percent disabled at the time due to his service-connected disability. The applicant states, he was taking medication for this condition, which prohibited him from reporting to duty. The applicant never had anyone ask him what was going on and he did not have anyone help him when he told them that he had issues going on that prohibited him from showing up to duty. The applicant states, it was never explained to him how he was going to be able to show up to duty without the VA taking from his benefits. The applicant states, when he was found, he had no knowledge of where the unit was located, and he did communicate this to the unit. The believes that someone should have helped him after it was known he was rated 90 percent disabled, which now is rated at 100 percent by the VA. The applicant served on Active Duty without any issues and earned two Good Conduct Medals and was honorably discharged before being rated 70 percent for 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 no BH diagnoses. The VA has also diagnosed the applicant with PTSD, criteria unknown. The applicant is 70% service-connected from the VA. 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 6 November 2020, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service to include combat service, the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of PTSD) 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 / NIF / NIF / Under Other Than Honorable Conditions b. Date of Discharge: 10 April 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: On 11 December 2013, the applicant's commander mailed him the notification via certified mail, with a suspense of 30 days to acknowledge the notice and his rights. On 12 December 2013, the applicant signed for the notification via certified mail. (2) Basis for Separation: The applicant was informed of the following reasons: Under the provisions of Chapter 13, AR 135-178, Enlisted Administrative Separations, 13 March 2007, for being an unsatisfactory participant in the U.S. Army Reserve. The applicant was an unsatisfactory participant as prescribed by Chapter 4, AR 135-91, Service Obligations, Methods of Fulfillment Participation Requirements; and Enforcement Procedures, 1 February 2005. The applicant failed to attend battle assemblies on: 2-3 November 2013, 16-17 November 2013 and 7 December 2013. The unit had attempted to get the applicant to respond or comply with orders or correspondence, those attempts had resulted in his verbal or written refusal to comply with the orders or correspondence which merits his separation IAW AR 135-178. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: The applicant failed to respond to the notification of separation, thereby waiving his right to counsel. (5) Administrative Separation Board: The applicant failed to respond to the notification of separation, thereby waiving his right to an administrative separation board. (6) Separation Decision Date / Characterization: 5 March 2014 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 January 2013 / 1 year, 5 months, 24 days (Reserve Obligation) b. Age at Enlistment / Education / GT Score: 27 / HS Graduate / 91 c. Highest Grade Achieved / MOS / Total Service: E-5 / 91B20, Wheeled Vehicle Mechanic / 7 years, 7 months, 26 days d. Prior Service / Characterizations: AGR, 15 August 2006 - 19 January 2010 / HD AGR, 20 January 2010 - 19 January 2013 / HD e. Overseas Service / Combat Service: Cuba, Germany, Korea, SWA / Afghanistan (24 April 2008 - 18 July 2009) f. Awards and Decorations: ACM-CS, NATOMDL, AAM-4, AGCM-2, NDSM, GWOTEM, GWOTSM, NCOPDR, ASR, OSR-4, CAB / The applicant's service record reflects he served in Korea, however, his service record does not reflect he was awarded KDSM. g. Performance Ratings: NIF h. Disciplinary Action(s) / Evidentiary Record: Letter of Instructions - Unexcused Absence, dated 4 November 2013, reflects the applicant was absent from a scheduled unit training assembly (UTA) or a multiple unit training assembly (MUTA) for the following periods: 2 November 2013 (1 and 2) 3 November 2013 (1 and 2) Affidavit of Service by Mail, reflects the Letter of Instructions, dated 4 November 2013, was mailed to the applicant via certified mail on 4 November 2013. Letter of Instructions - Unexcused Absence, dated 18 November 2013, reflects the applicant was absent from a scheduled unit training assembly (UTA) or a multiple unit training assembly (MUTA) for the following periods: 16 November 2013 (1 and 2) 17 November 2013 (1 and 2) Affidavit of Service by Mail, reflects the Letter of Instructions, dated 18 November 2013, was mailed to the applicant via certified mail on 21 November 2013. Letter of Instructions - Unexcused Absence, dated 9 December 2013, reflects the applicant was absent from a scheduled unit training assembly (UTA) or a multiple unit training assembly (MUTA) for the following periods: 7 December 2013 (1 and 2) Affidavit of Service by Mail, reflects the Letter of Instructions, dated 9 December 2013, was mailed to the applicant via certified mail on 11 December 2013. Commander's Report, dated 12 February 2014, reflects the applicant had accumulated 22 unexcused absences within a one-year period without permission. The unit had aggressively attempted to recover the Soldier through phone, email, mail correspondence and a physical trip by his first line leader to his last known address with no success. Soldier had proven unwilling to return to active drilling status. Soldier's actions were inconsistent with the Army Values. Three Developmental Counseling Forms, for failing to attend Battle Assemblies. i. Lost Time / Mode of Return: As described in previous paragraph 4h. j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of his VA rated disabilities, which reflects the applicant was rated 70 percent disability for PTSD with depressive disorder effective 20 January 2013. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; eBenefits report. 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 his under other than honorable conditions discharge to honorable and a restoration of his rank. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. 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 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. The applicant contends his rank should be restored. However, the applicant's requested change to the DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The applicant contends when his unit learned of his PTSD, he should have received help. However, 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 applicant contends that he was suffering from PTSD, which affected his behavior and led to his discharge. The applicant states he has a 70 percent disability rating for PTSD and a combined disability rating of 100 percent by the Veterans Administration. The fact the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels. The applicant contends that he had good Active Duty 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 that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 6 November 2020, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service to include combat service, the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of PTSD) 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 AR20200003382 1