1. Applicant's Name: a. Application Date: 30 March 2020 . b. Date Received: 17 April 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 honorable conditions. The applicant seeks relief contending, in effect, after the applicant's third deployment, he was sent to mental health by the Commander and First Sergeant where the applicant was diagnosed with PTSD. The applicant was not properly treated for PTSD like Soldier's are treated today. At that time the applicant sought relief by self-medicating with alcohol and drugs. In 2005, the applicant checked into a rehabilitation center to get off the drugs and alcohol. After being admitted, the applicant notified the chain of command and made them aware of what was going on. After being on drugs for over a year and being suicidal the applicant tried to get himself together to continue pursuing a military career as the applicant planned on reenlisting indefinitely. Instead of the chain of command supporting the applicant, the applicant was pulled out of the program and put back into a stressful environment that caused the applicant to spiral out of control and go AWOL. The applicant states if he was properly supported by leadership and given the correct treatment, he would have been able to get on his feet and retire with honor. b. Board Type and Decision: In a records review conducted on 28 April 2023, and by a 5- 0 vote, the Board determined the characterization is inequitable based on the applicant's length, quality and combat service indicating PTSD symptoms mitigated the applicant's AWOLs. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to General (Under Honorable Conditions). The Board voted not to change the applicant's reason for discharge, accompanying SPD code, and RE code as they were proper and equitable. 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: 22 January 2015 c. Separation Facts: The applicant's Army Military Human Resource Record (AMHRR) is void of the complete case separation file. (1) Date and Charges Preferred (DD Form 458, Charge Sheet): On 21 March 2012, the applicant was charged with: Charge I: Violating Article 86, UCMJ, for being AWOL from Specification 1: On or about 11 April 2006, the applicant, without authority, and with intent to remain away therefrom permanently, went from his appointed place of duty to wit: Alpha Company, and did remain so absent in desertion. Charge II: Violating Article 85, UCMJ, for being AWOL Specification 1: On or about 11 March 2006, the applicant, without authority, went from his appointed place of duty to wit: Alpha Company, and did remain so absent. (2) Legal Consultation Date: NIF (3) Basis for Separation: NIF (4) Recommended Characterization: NIF (5) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 January 2002 / 6 years b. Age at Enlistment / Education / GT Score: 29 / HS Graduate / 93 c. Highest Grade Achieved / MOS / Total Service: E-6 / 91D10, Power-Generation Equipment / 11 years, 9 months, 4 days d. Prior Service / Characterizations: RA, 3 March 1993 - 30 August 1995 / HD RA, 31 August 1995 - 4 January 1999 / HD RA, 5 January 1999 - 14 January 2002 / HD (Concurrent Service) e. Overseas Service / Combat Service: Korea, Germany, SWA / Southeast Asia (31 October 1994 - 14 December 1994) f. Awards and Decorations: ARCOM, AAM, AGCM-2, NDSM-BSS, GWOTSM, ASR, OSR The applicant's AMHRR reflects a second award of the NDSM and a second award of the ARCOM, however, the awards are not reflected on the DD Form 214. g. Performance Ratings: June 2001 - October 2001 / Fully Capable November 2001 - July 2002 / Among the Best August 2002 - July 2003 / Fully Capable August 2003 - July 2004 / Marginal h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 10 June 2004, for without authority, on or about 4 May 2004, the applicant departed in an AWOL status from the unit to wit: D Co., and did remain so absent until on or about 5 June 2004. The punishment consisted of a reduction to Specialist (E-4); forfeiture of $945.00 pay per month for two months; extra duty for 45 days. DD Form 458, Charge Sheet, as outlined in section 3c (1). Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)," to "Absent Without Leave (AWOL)," effective 4 May 2004, From "AWOL" to "PDY" effective 5 June 2004. Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)," to "Absent Without Leave (AWOL)," effective 23 May 2005, From "AWOL" to "Dropped from Rolls (DFR)," effective 1 June 2005. Five Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)," to "Absent Without Leave (AWOL)," effective 11 March 2006, From "AWOL" to "Dropped from Rolls (DFR)," effective 11 April 2006, From "DFR," to "PDY," effective 10 November 2014, From "PDY," to "Confined by Civil Authorities (CCA)" effective 10 November 2014, From "Confined by Military Authorities (CMA)" to "PDY" effective date 22 December 2014. Memorandum, Dropped from Rolls (DFR) Packet, dated 22 March 2012, reflects the applicants DFR Packet was submitted without the next of Kin (NOK) AWOL and DFR notification letter as the unit and brigade was deactivated. i. Lost Time / Mode of Return: 10 years, 3 months, 12 days / Confined by Civil Authorities (CCA) AWOL, 4 May 2004 - 05 June 2004 / NIF CMA, 20 July 2004 - 8 August 2004 / Released from Confinement AWOL, 12 August 2004 - 3 November 2005 / NIF AWOL, 11 March 2006 - 10 November 2014 / Apprehended by Military Authorities CMA, 10 November 2014 - 22 December 2014 / Released from Confinement j. Behavioral Health Condition(s): NIF (1) Applicant provided: None (2) AMHRR Listed: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; four-third party letters. 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) 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 is 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 waivable and nonwaivable separations. Table 3-1, defines reentry eligibility (RE) codes: RE-4 Applies to: Person separated from last period of service with a nonwaivable 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 honorable. The applicant's Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. The applicant's Army Military Human Resources Record (AMHRR) is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. The applicant's AMHRR does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's electronic signature. The applicant's DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 10, by reason of In Lieu of Trial by Court-Martial, with a characterization of service of Under Other Than Honorable Conditions. The applicant contends being diagnosed with PTSD while serving. The applicant's AMHRR contains no documentation of PTSD diagnosis. The applicant did not submit any evidence, other than the applicant's statement, to support the contention the discharge resulted from any medical condition. The applicant contends good service, including a combat tour. The Board will consider the applicant's service accomplishments and the quality of service according to the DODI 1332.28. The applicant contends after a year of drug abuse and being suicidal, he checked himself into a rehabilitation center to try and get back on his feet and instead of his chain of command supporting him, they pulled him from program and put back into a stressful environment. The applicant's AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends if chain of command would have supported him, he would have retired honorably. The applicant's AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant requests a change to the characterization of service to rejoin the Army. At the time of discharge, the applicant received an under other than honorable conditions characterization of service. Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. Army Regulation 601-210, chapter 4, stipulates an under other than honorable conditions discharge constitutes a non-waivable disqualification. 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: PTSD. (2) Did the condition exist, or experience occur during military service? Yes. The Board's Medical Advisor found VA service connection establishes that applicant's PTSD condition began while in service. (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 a mitigating BH condition, PTSD related to combat. As there is an association between PTSD and avoidant behavior, there is a nexus between applicant's diagnosis of PTSD and the extended period of AWOLs. (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 outweighed the applicant's misconduct - AWOLs - for the aforementioned reason. b. Response to Contention(s): (1) The applicant contends being diagnosed with PTSD while serving. The Board determined that this contention was valid and voted to upgrade the characterization of service due to the applicant's PTSD outweighing the applicant's AWOLs basis for separation. (2) The applicant contends good service, including a combat tour. The Board recognizes and appreciates the applicant's willingness to serve and considered this contention during board proceedings along with the totality of the applicant's service record. (3) The applicant contends after a year of drug abuse and being suicidal, applicant checked themself into a rehabilitation center to try and get back on their feet and instead of the chain of command supporting, they pulled applicant from program and put back into a stressful environment. The Board considered this contention and after liberally considering all the evidence, determined that the file does not contain any indication or evidence of arbitrary or capricious actions by the command, but rather made their decision after independently reviewing the evidence regarding the applicant's misconduct. In this case, the Board voted to grant relief based on medical mitigation of PTSD. (4) The applicant contends if chain of command would have supported, applicant would have retired honorably. The Board considered this contention during its deliberations and voted to upgrade the discharge based on the applicant's PTSD outweighing the applicant's misconduct - AWOLs basis for separation. c. The Board determined the characterization is inequitable based on the applicant's length, quality and combat service indicating PTSD symptoms mitigated the applicant's AWOLs. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to General (Under Honorable Conditions). The Board voted not to change the applicant's reason for discharge, accompanying SPD code, and RE code as they were proper and equitable. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to General Under Honorable Conditions because the applicant's PTSD diagnosis mitigating the AWOLs. Thus, the prior characterization is no longer appropriate. (2) The Board voted not to change the applicant's reason for discharge or accompanying SPD code under the same pretexts, and the reason the applicant was discharged was both proper and equitable. (3) The RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions c. Change Reason / SPD code to: No Change d. Change RE Code to: No Change e. Change Authority to: No Change Authenticating Official: No Change 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 AR20200004316 1