1. Applicant's Name: a. Application Date: 10 February 2020 b. Date Received: 25 February 2020 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board will consider the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. The current characterization of service for the period under review is Under Other Than Honorable. The applicant seeks relief contending, in effect, he suffered from an undiagnosed, misdiagnosed or untreated mental health conditions, including PTSD while in the service. He was discharged for reasons related to this condition. He is on medications for these conditions. In a records review conducted on 28 April 2021, and by a 3-2 vote, the Board denied the request upon finding the separation was both 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 6 November 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 August 2012 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was informed of the following reason for his discharge; being AWOL from his unit (11 July 2010 to 19 March 2012). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 14 September 2012, applicant waived legal counsel. (5) Administrative Separation Board: Applicant waived consideration of his case by an administrative separation board. (6) Separation Decision Date / Characterization: 7 September 2012 / Under Other Than Honorable Conditions / The General Court-Martial Convening Authority (GCMCA) memorandum approving the separation action is not part of the available record and the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. On 25 October 2012, DA, US Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Bragg, NC, issued Orders Number 299-0255, which discharged the applicant from the Army effective 6 November 2012 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 November 2005 / 6 years b. Age at Enlistment / Education / GT Score: 24 / GED Certificate / 108 c. Highest Grade Achieved / MOS / Total Service: E-4 / 14T10, Patriot Operator / Maintainer / 7 years, 6 months, 2 days d. Prior Service / Characterizations: RA, 27 August 2003 to 7 November 2005 / HD. e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, AGCM-2, NDSM, KDSM, GWOTSM, NOPDR, ASR, OSR-2 g. Performance Ratings: NA. h. Disciplinary Action(s) / Evidentiary Record: FG Article, for being AWOL (11 July 2010 to 19 March 2012); the punishment consisted of reduction to E-1, forfeiture of $745 for two months, extra duty and restriction for 45 days and an oral reprimand. This Article 15 is not contained in the available record; see unit commander's recommendation memorandum. i. Lost Time / Mode of Return: AWOL for 616 days, 11 July 2010 to 19 March 2012; surrendered to military authorities. j. Diagnosed PTSD / TBI / Behavioral Health: My WellSpan, Medical History, dated 10 February 2020, revealed the applicant was diagnosed with Anxiety and Depression; and prescribed medications for these conditions. 5. APPLICANT-PROVIDED EVIDENCE: 6. POST SERVICE ACCOMPLISHMENTS: DD Form 293 (two pages); Medical History (four pages); and Medications List (two pages); and Additional documents; WellSpan Health Medical Documents (33 pages). 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 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. (6) 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. (7) Paragraph 14-12c, states 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). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of "3." 8. DISCUSSION OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant seeks relief contending, suffered from an undiagnosed, misdiagnosed or untreated mental health conditions, including PTSD while in the service; and he is on medications for these conditions. The applicant provided a My WellSpan, Medical History document that shows he was diagnosed with Anxiety and Depression. He prescribed medications for these conditions. The applicant further contends; he was discharged for reasons related to this condition. 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 of the ADRB, reviewed the applicant's DOD and VA medical records. The DOD medical records contained no indication of any behavioral health condition or other experience that might excuse or mitigate the discharge. However, the applicant provided civilian medical documentation that indicates the applicant has been diagnosed with Unspecified Trauma and Stressor Related Disorder. This is a diagnosis that was considered by the Board and which may excuse or mitigate his discharge. (2) Did the condition exist or experience occur during military service? NO. There is no indication in the applicant's DOD or VA health record of any behavioral health condition or experience. The civilian medical documentation indicates a diagnosis of Unspecified Trauma and Stressor Related Disorder. However, there is no indication within that documentation that this diagnosis is related, connected to the applicant's military service, or corresponded to the military service timeframe. (3) Does the condition or experience actually excuse or mitigate the discharge? NO. Despite applying liberal consideration of all evidence received by the ADRB, the Board was not able to connect the applicant's diagnosis of Unspecified Trauma and Stressor Related Disorder to his service. Because the applicant did not deploy to combat, and provided no additional background regarding the source or timeframe of the trauma, the Board could not conclude that the applicant's 616 days of AWOL can be excused or mitigated by this diagnosis. (4) Does the condition or experience outweigh the discharge? NO. Because the Board could not determine the source or timeframe of the applicant's diagnosis, the Board could not place any value on any condition or experience to outweigh 616 days of AWOL. b. Response to contention that the applicant suffered from undiagnosed, misdiagnosed or untreated mental health conditions, including PTSD while in the service. 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. Nor do the post-service medical records provided by the applicant reflect a diagnosis of PTSD. While, per liberal consideration guidance, an applicant's testimony alone may establish the existence of a condition and its existence during service, the Board determined, based on all the evidence of record and applying liberal consideration, that the greater weight of the evidence does not support a finding of PTSD related to military service. The record of evidence indicates the applicant was discharged by reason of misconduct (serious offense), for being AWOL for 616 days, 11 July 2010 to 19 March 2012. c. The Board denied the request upon finding the separation was both proper and equitable. The majority of the Board determined that the documentation contained in the AMHRR, as well as evidence submitted by the applicant, and the available medical evidence did not support a finding that the applicant's discharge was improper or inequitable. However, the applicant may request a personal appearance hearing to address the issues before the Board. The applicant is responsible for satisfying the burden of proof and providing documents or other evidence sufficient to support the applicant's contention(s) that the discharge was improper or inequitable. d. Rationale for Decision: (1) The Board voted not to change the applicant's characterization of service because, based on the available documentation, it is unknown if the applicant's Unspecified Trauma and Stressor Related Disorder occurred while he was on active duty or contributed to the applicant's AWOL. The applicant is responsible for satisfying the burden of proof and providing documents or other evidence sufficient to support the applicant's contention(s) that the discharge was improper or inequitable. Given applicant failed to provide any documentation or specific testimony to the Board regarding the etiology or timeframe of his trauma-related disorder, no Board decision regarding medical mitigation can be made. (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 / Separation Order: No b. Change Characterization to: No Change c. Change Reason / SPD Code to: No Change d. Change RE Code to: No Change e. Change Authority to: No Change 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 NA - Not applicable NCO - Noncommissioned Officer NIF - Not in File NOS - Not Otherwise Specified OAD - Ordered to Active Duty OMPF - Official Military Personnel File PTSD - Post-Traumatic Stress Disorder RE - Reentry 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 AR20200005355 7