1. Applicant's Name: a. Application Date: 21 February 2020 b. Date Received: 27 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 general (under honorable conditions). The applicant requests an upgrade to honorable, reinstatement of rank and Post 9/11 G.I. Bill. The applicant seeks relief contending, in effect, deployment was to South Korea and later to Iraq. The applicant was deployed to Iraq as a Police Trainer and to help the Iraqi people rebuild their nation. The applicant understood the risk and knew there might be incidents to which they would have to defend themselves, but they had no idea what was in store for them. The applicant saw peers killed in action, Iraqi civilians murdered, bodies mutilated, including women and children, the youngest of which was under a year old, and had to fire a weapon in combat and was awarded the Combat Action Badge. The applicant returned home and began having problems that led to being ordered to mental health where the applicant was diagnosed with PTSD. Soon after, the applicant went AWOL, which caused the applicant to be discharged prematurely from the Army. The applicant was stripped of rank and the G.I. Bill was taken. The applicant states the PTSD issue got worse after the discharge which caused the applicant to lose job as a police officer. The applicant sought PTSD help from the VA Hospital and is now rated at 100 percent total and was made permanent. The applicant fought for this great country and would fight again. The applicant states 100 percent of the PTSD issues were the reason the applicant went AWOL and is requesting the board to restore the honor that was lost due to the less than honorable discharge. b. Board Type and Decision: In a records review conducted on 8 March 2023, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's PTSD mitigating the misconduct. 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 maintain the 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: Misconduct (Serious Offense) / AR 635-200, Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 19 November 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 October 2009 (2) Basis for Separation: The applicant was informed of the following reasons: between, on or about 2 May 2009 and on or about 7 August 2009, the applicant was absent without leave. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 21 October 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 28 October 2009 / General (Under Honorable Condition) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 June 2005 / 5 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 93 c. Highest Grade Achieved / MOS / Total Service: E-4 / 31B10, Military Police / 4 years, 1 month, 24 days d. Prior Service / Characterizations: USAR, 11 December 2003 - 20 June 2005 / HD (Concurrent Service) e. Overseas Service / Combat Service: Korea, SWA / Iraq (26 June 2006 - 7 September 2007) f. Awards and Decorations: AAM, GCM, NDSM, GWOTSM, KDSM, ICM-CS, NCOPDR, ASR, OSB-2, OSR-3, CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Three Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 2 May 2009, From "AWOL" to "Dropped from Rolls (DFR)," effective 2 June 2009, From "Dropped from Rolls (DFR)," to "Present for Duty (PDY)," effective 7 August 2009. Military Police Report, dated 7 May 2009, reflects the applicant failed to report to the place of duty and was placed on AWOL status as of 0800 on 2 May 2009 and later dropped from rolls on 2 June 2009. Charge Sheet, dated 17 July 2009, reflects the applicant was charged with: violation of the UCMJ, Article 85, for without authority absent self from the unit on or about 2 May 2009, and with intent to remain away therefrom permanently. Memorandum for Commander, 8th Theater Sustainment Command, Fort Shafter Hawaii, dated 19 October 2009, indicates applicant previously received Field Grade Article 15, dated 9 September 2009 Violation of Article 86; punishment imposed Reduction to PVT (E-1), Forfeiture of $699.00 pay per month for two months, the portion of $699.00 per month for one month suspended, to be automatically remitted if not vacated before 9 December 2009, Extra Duty for 45 days, and Restriction for 45 days. i. Lost Time / Mode of Return: 96 Days (AWOL, 2 May 2009 - 6 August 2009) Surrendered to Military Authorities j. Diagnosed PTSD / TBI / Behavioral Health: Report of Behavioral Health Evaluation, dated 21 August 2009, reflects the applicant was diagnosed with PTSD, by history but was deemed mentally responsible and had the mental capacity to understand and participate in the proceedings. The applicant was psychiatrically cleared for any administrative actions deemed appropriate by command. Report of Medical History, dated 31 August 2009, the examining medical physician noted in the comments section: Depression, Mental Help for PTSD, Diagnosis of PTSD by mental health provider The applicant provided a copy of a VA disability rating decision, dated 4 February 2020, reflecting the applicant's evaluation of PTSD was increased from 30 percent to 100 percent effective 6 November 2018. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; one third-party letter; DD Form 214; Department of Veterans Affairs Rating Decision. 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) Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. (5) Paragraph 14-3 prescribes a discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record. (6) Paragraph 14-12c prescribes a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 12c, misconduct (serious offense). 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-3 Applies to: Person who is not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waiverable. Eligibility: Ineligible unless a waiver is granted. 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 Resource Record (AMHRR), the issues and documents submitted with the application were carefully reviewed. The applicant contends, in effect, had good service, including a combat tour. The Board will consider the applicants the service accomplishments and the quality of service according to the DODI 132.28. The applicant contends, in effect, after deployment, began suffering from the PTSD that led to AWOL and ultimate discharge. The applicant's AMHRR contains documentation which supports a diagnosis of in-service PTSD and depression. The record shows the applicant underwent a behavioral health evaluation (BHE) on 21 August 2009, which indicates the applicant was diagnosed with PTSD but mentally responsible and was able to recognize right from wrong. The applicant also provided a copy of a disability rating decision, dated 4 February 2020, reflecting the applicant's evaluation of PTSD was increased to 100 percent disabling, effective 6 November 2019. The applicant contends, in effect, an upgrade would allow educational benefits through the GI Bill. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The applicant contends, in effect, would like the rank reinstated. The applicant's requested change 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. 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: Adjustment Disorder, Generalized Anxiety Disorder (GAD), Acute Stress Disorder, PTSD. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found the diagnoses of Adjustment DO, GAD, Acute Stress DO, PTSD were all made while applicant was on 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 a mitigating BH condition, PTSD related to combat. As there is a nexus between PTSD and avoidance behaviors, there is a nexus between the applicant's PTSD and AWOL instance. (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 AWOL basis for separation for the aforementioned reason. b. Response to Contention(s): (1) The applicant contends good service, including a combat tour. 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 outweighing the applicant's AWOL basis for separation (2) The applicant contends after deployment, began suffering from the PTSD that led to AWOL and discharge. The Board considered this contention and determined that relief was warranted based on the applicant's PTSD mitigating the applicant's AWOL behavior. (3) The applicant contends an upgrade would allow educational benefits through the GI Bill. The Board considered this contention and determined that eligibility for Veteran's benefits, to include educational benefits under the Post-9/11 or Montgomery GI Bill, healthcare or VA loans, do not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. c. The Board determined the discharge is inequitable based on the applicant's PTSD mitigating the misconduct. 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 maintain the 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 mitigated the applicant's misconduct of AWOL. 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 RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation and the mitigating condition is service-limiting. 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: No Change 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 AR20200005136 1