1. Applicant's Name: a. Application Date: 23 October 2019 b. Date Received: 5 February 2020 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: a. Applicant's Requests and Issues: The current characterization of service for the period under review is under other than honorable conditions. The applicant requests an upgrade to general (under honorable conditions). The applicant seeks relief contending, in effect, that the discharge should be upgraded due to the applicant's mental state at the time of going AWOL and being discharged. The applicant contends applicant served applicant's country faithfully for 10 years and went AWOL due to mental problems that the applicant tried to receive help for on multiple occasion and the unit would either force the applicant to cancel appointments or cancel them for the applicant. All the applicant wanted to do was serve applicant's country from the time the applicant was 7 years old. The applicant was physically and mentally injured and went through hell at applicant's former unit. The applicant was called a "Shit Bag" and worse because the applicant couldn't run with torn ligaments in the right ankle. The applicant was ran over by the unit and nobody cared; not a single person and the applicant was told that the Chaplain was not a crutch. b. Board Type and Decision: In a records review conducted on 8 February 2023, and by a 5-0 vote, the Board granted the request upon finding the applicant's Traumatic Brain Injury and Post-Traumatic Stress Disorder mitigated the applicant's AWOL and FTR. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to Honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), with a corresponding separation code of JKN, and the reentry code to RE-3. Please see Section 9 of this document for more detail regarding the Board's decision. (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: 30 September 2016 c. Separation Facts: (1) Date DD Form 458 (Charge Sheet): On 31 August 2016, the applicant was charged with the violation of the UCMJ, Article 86, for failing to go at the time prescribed to the appointed place of duty on or about 16 March 2016 and Article 85, for without authority and with intent to remain away therefrom permanently, absent applicant's self from the unit from on or about 12 April 2016 until on or about 27 July 2016. (2) Legal Consultation Date: On 6 September 2016, the applicant voluntarily requested discharge in lieu of trial by court-martial under AR 635-200, Chapter 10, for charges preferred against applicant under the Uniform Code of Military Justice for violation of Article's 85 and Article 86. (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: 6 September 2016 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 February 2014 / 3 years, 2 weeks (It should be noted the DD Form 214 under review indicates the "Date Entered AD This Period" as 27 March 2009; however, an enlistment contract in the AMHRR, dated 27 February 2014, indicates the applicant enlisted / reenlisted in the Army on 27 February 2014, for a period of 3 years and 2 weeks). b. Age at Enlistment / Education / GT Score: 25 / HS Graduate / 125 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 10 years, 15 days d. Prior Service / Characterizations: ARNG, 25 May 2006 to 3 September 2006 / NA ADT, 4 September 2006 to 14 December 2006 / HD ARNG, 15 December 2006 to 26 March 2009 / NA OAD, 27 March 2009 to 21 April 2010 / HD ARNG, 22 April 2010 to 24 May 2012 / HD ARNGCG, 25 May 2012 to 26 February 2014 / NA e. Overseas Service / Combat Service: SWA / Afghanistan (6 November 2012 to 1 June 2013) f. Awards and Decorations: ARCOM, AAM, AGCM, NDSM, GWOTSM, ACM-CS, NATOMDL, NCOPDR, ASR, OSR-2, AFRM-M Device, CIB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: DA Form's 4187 (Personnel Action) which indicate the applicant's duty status changed from; Present for Duty (PDY) to Absent Without Leave (AWOL), effective 12 April 2016: AWOL to Dropped from the Rolls (DFR), effective 22 April 2016: DFR to PDY, effective 27 July 2016: PDY to Confinement Civilian Authority (CCA), effective 27 July 2016: CCA to PDY, effective 2 August 2016: i. Lost Time / Mode of Return: Absent Without Leave / DFR 107 days (12 April 2016 to 21 Aril 2016 and 22 April 2016 to 27 July 2016) / mode of return unknown; and Confinement Civilian Authority 6 days (28 July 2016 to 2 August 2016). j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; letter of support; and a decision letter from the Department of Veterans Affairs. The decision letter submitted by the applicant indicated that the applicant's military service for the period of 27 March 2009 through 30 September was honorable for VA purposes. Applicant and dependents were eligible for any VA benefits for this period of military service. Only Veterans with honorable service are eligible for VA benefits. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. STATUTORY, REGULATORY AND POLICY REFERENCE(S): a. Section 1553, Title 10, United States Code (Review of Discharge or Dismissal) provides for the creation, composition, and scope of review conducted by a Discharge Review Board(s) within established governing standards. As amended by Sections 521 and 525 of the National Defense Authorization Act for Fiscal Year 2020, 10 USC 1553 provides 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), Traumatic Brain Injury (TBI), sexual trauma, intimate partner violence (IPV), or spousal abuse, as a basis for discharge review. The amended guidance provides 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, sexual trauma, IPV, or spousal abuse, as a basis for the discharge. Further, the guidance provides that Military Boards for Correction of Military/Naval Records and Discharge Review Boards will develop and provide specialized training specific to sexual trauma, IPV, spousal abuse, as well as the various responses of individuals to trauma. b. Multiple Department of Defense Policy Guidance Memoranda published between 2014 and 2018. The documents are commonly referred to by the signatory authorities' last names (2014 Secretary of Defense Guidance [Hagel memo], 2016 Acting Principal Deputy Under Secretary of Defense for Personnel and Readiness [Carson memo], 2017 Official Performing the Duties of the Under Secretary of Defense for Personnel and Readiness [Kurta memo], and 2018 Under Secretary of Defense for Personnel and Readiness [Wilkie memo]. (1) Individually and collectively, these documents provide further clarification 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. (2) 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. c. Army Regulation 15-180 (Army Discharge Review Board), dated 25 September 2019, sets forth the policies and procedures under which the Army Discharge Review Board is authorized to review the character, reason, and authority of any Servicemember discharged from active military service within 15 years of the Servicemember's date of discharge. Additionally, it prescribes actions and composition of the Army Discharge Review Board under Public Law 95-126; Section 1553, Title 10 United States Code; and Department of Defense Directive 1332.41 and Instruction 1332.28. d. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. (1) Chapter 3, Section II provides the authorized types of characterization of service or description of separation. (2) Paragraph 3-7a states an Honorable discharge is a separation with honor and is appropriate when the quality of the Soldier's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. (3) Paragraph 3-7b states a General discharge is a separation from the Army under honorable conditions and is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. (4) Paragraph 3-7c states Under other-than-honorable-conditions discharge is an administrative separation from the Service under conditions other than honorable and it may be issued for misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial based on certain circumstances or patterns of behavior or acts or omissions that constitute a significant departure from the conduct expected of Soldiers in the Army. (5) 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. (6) Paragraph 10-8a stipulates a discharge under other than honorable conditions normally are appropriate for a Soldier who is discharged in lieu of trial by court-martial. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record during the current enlistment. (See chap 3, sec II.) (7) Paragraph 10b stipulates Soldiers who have completed entry-level status, characterization of service as honorable is not authorized unless the Soldier's record is otherwise so meritorious that any other characterization clearly would be improper. e. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 10, In Lieu of Trial by Court-Martial. f. Army Regulation 601-210, Regular Army and Reserve Components Enlistment Program governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the U.S. Army Reserve, and Army National Guard for enlistment per DODI 1304.26. It also prescribes the appointment, reassignment, management, and mobilization of Reserve Officers' Training Corps cadets under the Simultaneous Membership Program. Chapter 4 provides the criteria and procedures for waiverable and nonwaiverable separations. Table 3-1 defines reentry eligibility (RE) codes: RE-4 Applies to: Person separated from last period of service with a nonwaiverable disqualification. This includes anyone with a DA imposed bar to reenlistment in effect at time of separation or separated for any reason (except length of service retirement) with 18 or more years active Federal service. Eligibility: Ineligible for enlistment. 8. SUMMARY OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. The applicant requests an upgrade to general (under honorable conditions). The applicant's Army Military Human Resource Record (AMHRR), the issues and documents submitted with the 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 AR 635- 200, Chapter 10, in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense, and indicated an understanding an under other than honorable conditions discharge could be received, and the discharge would have a significant effect on eligibility for veterans' benefits. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. The applicant seeks relief contending that the discharge should be upgraded due to the applicant mental state at the time of going AWOL and being discharged. The applicant contends he served the country faithfully for 10 years and the applicant went AWOL due to mental problems that the applicant tried to receive help for on multiple occasion and the unit would either force the applicant to cancel the appointments or cancel them for the applicant. The applicant was ran over by the unit and nobody cared; not a single person and the applicant was told that the Chaplain was not a crutch. The applicant contentions were noted, and the applicant is to be commended for the 10 years of service. However, the applicant's AMHRR indicates the applicant committed discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. It should be noted the applicant had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that the applicant ever sought such assistance before committing the misconduct which led to the separation action under review. 9. BOARD DISCUSSION AND DETERMINATION: a. As directed by the 2017 memo signed by A.M. Kurta, the board considered the following factors: (1) Did the applicant have a condition or experience that may excuse or mitigate the discharge? Yes. The Board's Medical Advisor, a voting member, reviewed the applicant's DOD and VA health records, applicant's statement, and/or civilian provider documentation and found that the applicant has the following potentially-mitigating diagnoses/experiences: Post- Traumatic Stress Disorder(PTSD); Traumatic Brain Injury(TBI). (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found that the diagnoses of PTSD and TBI were made while applicant was on active duty. VA service connection for PTSD also establishes its existence during active duty. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that the applicant has two mitigating BH conditions, PTSD and TBI. As there is an association between PTSD/TBI and avoidant behaviors, there is a nexus between these two diagnoses and the applicant's offenses of AWOL and failing to report. (4) Does the condition or experience outweigh the discharge? Yes. The Board concurred with the opinion of the Board's Medical Advisor, a voting member. As a result, the ADRB applied liberal consideration and found that the applicant's PTSD and TBI outweighed the AWOL and FTR basis for separation for the aforementioned reasons. b. Response to Contention(s): (1) The applicant seeks relief contending that the discharge should be upgraded due to applicant's mental state at the time of going AWOL and being discharged. The Board determined that this contention was valid and voted to upgrade the characterization of service due to PTSD and TBI mitigating the applicant's AWOL and FTR charges. (2) The applicant contends applicant served country faithfully for 10 years and went AWOL due to mental problems that applicant tried to receive help for on multiple occasions, applicant's unit would either force applicant to cancel appointments or cancel them for the applicant. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's PTSD and TBI fully outweighing the applicant's AWOL and FTR for separation. c. The Board granted the request upon finding the applicant's behavioral health condition mitigated an isolated misconduct incident. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to Honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), with a corresponding separation code of JKN, and the reentry code to RE-3. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD and TBI mitigated the applicant's misconduct of AWOL and FTR. Thus the prior characterization is no longer appropriate. (2) The Board voted to change the reason for discharge to Misconduct (Minor Infractions) under the same pretexts, thus the reason for discharge is no longer appropriate. The SPD code associated with the new reason for discharge is JKN. (3) The Board voted to change the RE code to RE-3. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason / SPD Code to: Misconduct (Minor Infractions)/JKN d. Change RE Code to: RE-3 e. Change Authority to: AR 635-200, paragraph 14-12a Authenticating Official: Legend: AWOL - Absent Without Leave AMHRR - Army Military Human Resource Record BCD - Bad Conduct Discharge BH - Behavioral Health CG - Company Grade Article 15 CID - Criminal Investigation Division ELS - Entry Level Status FG - Field Grade Article 15 GD - General Discharge HS - High School HD - Honorable Discharge IADT - Initial Active Duty Training MP - Military Police MST - Military Sexual Trauma N/A - Not applicable NCO - Noncommissioned Officer NIF - Not in File NOS - Not Otherwise Specified OAD - Ordered to Active Duty OBH (I) - Other Behavioral Health (Issues) OMPF - Official Military Personnel File PTSD - Post-Traumatic Stress Disorder RE - Re-entry SCM - Summary Court Martial SPCM - Special Court Martial SPD - Separation Program Designator TBI - Traumatic Brain Injury UNC - Uncharacterized Discharge UOTHC - Under Other Than Honorable Conditions VA - Department of Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20200003392 1