1. Applicant's Name: a. Application Date: 24 January 2020 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 honorable or general (under honorable conditions). The applicant seeks relief contending, in effect, the discharge with a Under Other Than Honorable Conditions character of service was based on going AWOL. The applicant returned from AWOL on own accord and completed the service. The applicant was suffering from a severe episode of PTSD. At the time, the applicant did not know what PTSD was. The applicant had been injured, along with some close friends being severely injured, in Iraq. The applicant was recovering and, in a cast, when informed of being sent home. The applicant was understandably upset, frightened, scared, terrified, and so the applicant ran. The applicant knows now there was no excuse for going AWOL, but hindsight was 20/20. The applicant returning to the unit on own accord should count for something. The applicant has lived with the decision for many years, including the knowledge of having honorably served the country with two combat tours overseas and earning a Purple Heart. The applicant also lives with the knowledge of being discharged with a Under Other Than Honorable Conditions character of service because of the poor judgment made by a scared young person. The applicant feels if the actions of returning to "face the music" and completing the commitment made to the country were not enough, then they were a "slap in the face" and made to feel ashamed in who the applicant is. The UOTH discharge is not right for a person who honorably served two overseas combat tours for the country and earned a Purple Heart and numerous badges and medals. b. Board Type and Decision: In a records review conducted on 27 January 2023, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (PTSD diagnosis). 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. The Board determined the reentry eligibility (RE) code was proper and equitable and voted not to change it. 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 / Under Other Than Honorable Conditions b. Date of Discharge: 11 April 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 November 2004 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was AWOL from 13 April to 27 July 2004. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 8 March 2005 (5) Administrative Separation Board: On 8 March 2005, the applicant unconditionally waived consideration of the case before an administrative separation board. (6) Separation Decision Date / Characterization: 4 April 2005 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 June 2001 / 4 years b. Age at Enlistment / Education / GT Score: 18 / High School Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B1P, Infantryman / 3 years, 2 months, 15 days (Note the DD Form 214 does not reflect an accurate net active service and date entered AD, even with the adjustment for the periods of AWOL.) d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (22 March 2002 - 15 July 2002), Iraq (1 March 2003 - 5 December 2003) f. Awards and Decorations: ARCOM, AAM, PH, GWOTEM, GWOTSM, NDSM, ASR, OSR-2, CIB The applicant's AMHRR reflects award of an ARCOM, however, the award is not reflected on the DD Form 214. g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Statement of Medical Examination and Duty, dated 22 October 2003, reflects the applicant was admitted in a combat support hospital for injuries by a shrapnel and ankle laceration while performing military duties, during a patrol in Sinjar, when the convoy was struck during an RPG attack. Four Developmental Counseling Forms for various acts of misconduct. Report of Investigation Line of Duty and Misconduct Status, dated 16 June 2004, reflects on 21 March 2004, the applicant was injured by a stab wound to the right thigh during a horse play in the barracks and was admitted to an Army Community Hospital. The report reflected the injury was caused by an intentional misconduct and not in line of duty. Three Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)," to "Absent Without Leave (AWOL)," effective 13 April 2004; from "AWOL" to "Dropped From Rolls (DFR)," effective 3 May 2004; and from "DFR" to "PDY," effective 27 July 2004. FG Article 15, dated 27 August 2004, for being AWOL on 13 April 2004 and remained absent until 27 July 2004. The punishment consisted of a reduction to E-2; forfeiture of $669 pay per month for two months; and extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 8 September 2004, reflects the applicant was psychiatrically cleared for any administrative actions deemed appropriate by the command. The MSE did not provide a diagnosis. i. Lost Time / Mode of Return: 106 days (AWOL 13 April 2004 - 26 July 2004 for 105 days, and 28 December 2004 for one day) / Returned to Military Control j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 214; PH Certificate; Recommendation for Award with AAM Certificate; and two Recognition Certificates. 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 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 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 waivable and nonwaivable 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 waivable. 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 or general (under honorable conditions). The applicant's Army Military Human Resource Record (AMHRR) of service, the issues, and documents submitted with the application were carefully reviewed. The applicant contends returning to the unit on own accord and living with the AWOL decision for many years, including the knowledge of having honorably served the country with two combat tours overseas and earning a Purple Heart. The Board will consider the applicant's service accomplishments and the quality of service according to the DODI 1332.28. The applicant contends suffering from a severe episode of PTSD, at the time, and the applicant did not have knowledge of PTSD. 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 AMHRR shows the applicant underwent a mental status evaluation (MSE) on 8 September 2004, which psychiatrically cleared the applicant for any administrative action deemed appropriate by the command. The MSE does not indicate any diagnosis. If the applicant desires a personal appearance hearing, it would be the applicant's responsibility to meet the burden of proof and provide the appropriate documents (i.e., a behavioral health diagnosis by a competent medical authority) for the Board's consideration because no evidence of medical diagnosis is available in the official record. The applicant contends the poor judgment was made by the applicant as a scared young person. The AMHRR shows the applicant met entrance qualification standards to include age. The applicant's DD Form 214 contains errors in block 12a, date entered AD (even with an adjustment for the AWOL period) and block 12c, net active service. However, changes to the DD Form 214 does not fall within this Board's purview. 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 found that the applicant has the following potentially mitigating diagnoses/experiences: there were no records of an in- or post-service behavioral health diagnosis, the applicant's assertion of PTSD is sufficient. (2) Did the condition exist or experience occur during military service? Yes. The applicant asserts PTSD in-service, although there are no diagnoses in the record. (3) Does the condition or experience actually excuse or mitigate the discharge? Partially. The Board's Medical Advisor applied liberal consideration and opined that there are no known diagnoses in the medical record and the applicant did not submit any in support of his assertions. However, per ARBA guidance, the assertion of PTSD in-service allows for partial mitigation. (4) Does the condition or experience outweigh the discharge? No. Despite the Board's application of liberal consideration, the Board considered the opinion of the Board's Medical Advisor, a voting member, that the available evidence did not support a conclusion that the applicant's asserted PTSD outweighed the basis for applicant's separation - AWOL - for the aforementioned reasons. b. Response to Contention(s): (1) The applicant contends returning to the unit on own accord and living with the AWOL decision for many years, including the knowledge of having honorably served the country with two combat tours overseas and earning a Purple Heart. 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. (2) The applicant contends suffering from a severe episode of PTSD, at the time, and the applicant did not have knowledge of PTSD. The Board considered this contention and the applicant's assertion of PTSD; however, the Board determined that there is insufficient evidence of said diagnoses in official or medical records, and the applicant did not provide supporting documentation by a qualified medical professional to provide merit to the claim. Ultimately, the Board determined that the assertion alone did not outweigh the basis of separation. However, the applicant's length and quality of service, to include combat service, and the circumstances surrounding the discharge (PTSD diagnosis) outweighed the applicant's AWOL basis for separation. (3) The applicant contends the poor judgment was made by the applicant as a scared young person. Due to the seriousness of the misconduct including conscious, deliberate decisions the applicant made when presented with challenges, youthful indiscretion does not excuse the misconduct. There is insufficient evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The Board voted after considering the contention and finding no evidence of the Command acting in an arbitrary or capricious manner. In this case, the Board determined that the applicant's length and quality of service, to include combat service, and the circumstances surrounding the discharge (PTSD diagnosis) outweighed the applicant's AWOL basis for separation. (4) The applicant's DD Form 214 contains errors in block 12a, date entered AD (even with an adjustment for the AWOL period) and block 12c, net active service. The Board determined that the applicant's requested change to the DD Form 214 does not fall within the purview of the ADRB. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using a DD Form 149 regarding this matter. A DD Form 149 may be obtained from a Veterans' Service Organization. c. The Board determined the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (PTSD diagnosis). 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. The Board determined the reentry eligibility (RE) code was proper and equitable and voted not to change it. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's length and quality of service, to include combat service, and asserted PTSD outweighed 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. 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 AR20200009783 1