1. Applicant's Name: a. Application Date: 15 September 2020 b. Date Received: 18 September 2020 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, a narrative reason change The applicant requests a reentry eligibility (RE) code change. The applicant seeks relief contending, in effect, he believes his current discharge status did not properly take into account all the medical conditions he sustained from his honorable service, such as: spinal stenosis; aggravated prior left arm dislocation; and, his prior visit with the Psychiatrist for the VA (PTSD) and other minor medical conditions. The applicant was not given the opportunity to correct the issues, and his command did not take into account these considerations prior to filing his separation papers. The applicant provides with his application evidence of his honorable service and his PTSD diagnosis. The applicant believes that the undiagnosed Posttraumatic stress disorder that affected him and was compounded by his other medical conditions, which was severe enough to have affected him during his last few years finishing his contract. The applicant's condition separated his connection with his current command, which was not the same command he was deployed with. His previous command would have understood and identified the change had affected his mental state to a point where it was very difficult for him to readjust back to civilian everyday life, and overall changed him from the Soldier he was to the Soldier he became. Statements from his family support the change in his behavior. The applicant states, he is not the type of person to just seek medical attention and was not aware of how severely PTSD had affected him or the severity of which it could affect him. He did not seek help or was able to identify the problems he sustained. Because of this, he believes his current command just wanted to expedite his separation instead of helping him identify and ultimately fix the issues at hand. Prior to this, before and during deployment his service was characterized as exceptional. Because of his military service and the things he learned while service, he has been able to find success outside in the military, such as receiving multiple awards and promotions due to his work. 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 applicant is 50% service connected for PTSD; however the exam is absent and notes void. While liberal consideration was applied, a determination cannot be made as the basis for separation is void as well as the basis for the service connected diagnosis. In a records review conducted at Arlington, VA on 9 December 2020, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service to include combat service, and the circumstances surrounding the discharge (PTSD diagnosis), prior period of honorable service, and post service accomplishments. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: NIF / AR 135-178 / NIF / NIF / NIF / Under Other Than Honorable Conditions b. Date of Discharge: 20 February 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 March 2006 / 8 years (USAR) b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / 92Y10, Unit Supply Specialist / 4 years, 11 months, 12 days d. Prior Service / Characterizations: IADT, 29 June 2006 - 22 November 2006 / UNC (Concurrent Service) OAD, 19 April 2007 - 22 May 2008 / HD (Concurrent Service) e. Overseas Service / Combat Service: SWA / Kuwait (25 June 2007 - 23 April 2008) f. Awards and Decorations: NDSM, GWOTEM, GWOTSM, ICM, ASR, OSR, AFRMMD g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Memorandum, dated 14 October 2010, reflects the applicant's command initiated action to reduce the applicant from PFC to PV2 because the applicant had accumulated 9 unexcused absences withi8n a year time frame. Orders 10-288-01, dated 15 October 2010, reflects the applicant was reduced in rank from PFC to PV2, effective 15 October 2010, based on Unsatisfactory Participation. i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of his VA benefits decision, dated 21 May 2020, which reflects the applicant was rated 50 percent disability for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: Two DD Forms 214; DD Form 293; self-authored statement; VA Benefits letter; two Certificates of Achievement; Orders 11-047-00116. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, he has been able to find success outside in the military, such as receiving multiple awards and promotions due to his work. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. The characterization is based upon the quality of the Soldier's service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army regulations, and the time-honored customs and traditions of the Army. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. 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, a narrative reason change The applicant requests a reentry eligibility (RE) code change. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. However, the service record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army Reserve. The applicant's record does contain a properly constituted discharge Orders 11-047-00116, dated 16 February 2011. Barring evidence to the contrary, it appears all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the type of discharge he received from the U.S. Army Reserve. The orders indicate the applicant was discharged under the provisions of AR 135-178, with a characterization of service of Under Other Than Honorable Conditions. The applicant contends the VA has granted him a service connected disability for PTSD and that it was this condition that affected his behavior and led to his discharge. However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The applicant's service record is void of a mental status evaluation. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong. Further, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs, which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. The applicant requests a narrative reason change and an RE Code change. However, when service members are discharged from the U.S. Army Reserve, orders are published indicating the effective date and characterization of the discharge. Narrative reasons and RE Codes are not included in the order. Insomuch as the applicant's discharge order does not include these elements, there is no basis to change the discharge order. Further, if the applicant desires to rejoin the military, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligiblility. The applicant contends that he had good 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. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, 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 9 December 2020, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service to include combat service, and the circumstances surrounding the discharge (PTSD diagnosis), prior period of honorable service, and post service accomplishments. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. 10. BOARD ACTION DIRECTED: a. Issue a New Separation Order: Yes b. Change Characterization to: General under honorable conditions c. Change Authority to: No change 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 AR20200009716 1