IN THE CASE OF: BOARD DATE: 23 November 2021 DOCKET NUMBER: AR20210009520 APPLICANT REQUESTS: * correction of his service record to reflect his medical conditions were incurred in combat * in effect, a physical disability retirement APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * DA Form 199 (Informal Physical Evaluation Board (PEB) Proceedings) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Printout of Rated Disabilities * Letter of Support FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states during his medical evaluation board (MEB), he was discharged for his back. He believes his post-traumatic stress disorder (PTSD) was “misdiagnosed” at the time and his narrative states it was non-combat related. He deployed four times to Iraq and his back injury occurred during the third tour. He “sucked it up and drove on” to prevent being taken out of the fight. He believes PTSD was misdiagnosed and swept under the rug. He was 7 days short of 12 years time in service and he is uncertain if a medical retirement is available to him, but if not, at a minimum he would like his injuries corrected to reflect they are combat related. 3. The applicant provides: a. A DA Form 199 shows on 11 October 2012 an informal PEB convened and found the applicant physically unfit. The PEB recommended a rating of 20% and that the applicant’s disposition be separation with severance pay. The PEB made the following findings in Section V (Administrative Determinations) the disability disposition was not based on disease or injury incurred in the line of duty in combat with an enemy of the United States and as direct result of armed conflict, and the disability did not result from a combat related injury as defined under the provision of 26 USC 104 or 10 USC 10216. (1) The disabling conditions listed in Section III (Medical Conditions Determined to be Unfitting) and also noted he developed gradual onset of back pain in May 2011: * disc extrusion, lumbar spine, residual spondylosis (VASRD Code 5243- 5237) – 10% * left lower extremity radiculopathy (VASRD Code 5260) – 10% (2) Other medical conditions listed in Section IV (Medical Conditions Determined Not to Be Unfitting): * PTSD * social anxiety disorder * degenerative joint disease right knee with residual functional pain * tendinitis of knee, functional pain * left acromioclavicular joint separation with residual functional pain b. His DD Form 214 for his active service from 1 February 2001 through 26 January 2013. c. A printout shows the applicant received a combined rating of 90% for the below listed disabilities: * A/C joint separation, left shoulder – 10% * tinnitus – 10% * hearing loss – not service connected * left hip strain – 10% * left lower extremity radiculopathy – 20% * disc extrusion, lumbar spine, residual spondylosis – 40% * right hip strain – 10% * grand mal seizure, single episode – 10% * PTSD w/social anxiety disorder and alcohol dependence – 30% * tendonitis left knee – 10% * degenerative joint disease, right knee – 10% * sleep apnea – 50% d. A letter of support from Sergeant First Class (SFC) L which states he served with the applicant since 2011 at Fort Drum, NY. The applicant suffered a major setback in his career, which he took full responsibility for; however, he knew something was wrong because he made irrational choices that likely resulted from neglected signs of PTSD. During his time knowing the applicant, it became very evident to him that he suffered from severe PTSD, to include depression, anxiety, anger, and alcoholism among other factors. He encouraged him to seek help and treatment many times over the years, but like many Soldiers, he was embarrassed and did not want to be labeled. The applicant was a “mission first” guy and when he injured his back on a patrol downrange, he refused to seek medical treatment for fear of being taken out of the fight. He hopes the letter will serve to ensure the applicant receives the best medical treatment for his service. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 1 February 2001. b. His Enlisted Record Brief shows his deployments to Iraq for the following periods: * 1 February 2003 to 1 August 2003 (6 months) * 1 June 2004 to 1 August 2004 (2 months) * 16 August 2006 to 31 October 2007 (15 months) * 15 October 2009 to 1 August 2010 (10 months) c. On 11 October 2012, an informal PEB convened and found the applicant's medical conditions, listed below, unfitting. His case was adjudicated as part of the Integrated Disability Evaluation System (IDES) under the 19 December 2011 Policy and Procedure Directive-type Memorandum (DTM) 11-015. The specific VASRD codes to describe the Soldier's condition and the disability percentage was determined by the VA and is documented in VA memorandum dated 21 September 2012. The disposition recommendation was determined by the PEB based on the VA disability rating proposed and applicable statutes and regulations for the Physical Disability Evaluation System (PDES). The VA recommended a rating of 20% and that the PEB determined his disposition be separation with severance pay. * disc extrusion, lumbar spine, residual spondylosis (VASRD Code 5243-5237) – 10% * left lower extremity radiculopathy (VASRD Code 5260) – 10% (1) The PEB made the following findings in Section V (Administrative Determinations) the disability disposition was not based on disease or injury incurred in the line of duty in combat with an enemy of the United States and as direct result of armed conflict, and the disability did not result from a combat related injury as defined under the provision of 26 USC 104 or 10 USC 10216. (2) Other medical conditions listed in Section IV (Medical Conditions Determined Not to Be Unfitting): * PTSD * social anxiety disorder * degenerative joint disease right knee with residual functional pain * tendinitis of knee, functional pain * left acromioclavicular joint separation with residual functional pain d. Orders 333-1029, dated 28 November 2012, discharged the applicant from active duty with a 20% disability rating effective 26 January 2013. e. He was honorably discharged from active service on 26 January 2013. His DD Form 214 shows he completed 11 years, 11 months, and 26 days of active service with no lost time. He was assigned separation code JEB and the narrative reason for separation listed as “Disability, Severance Pay, Non-Combat (Enhanced).” 5. By regulation (AR 635-40), the Army disability system sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. a. Armed Conflict. The fact that a Soldier may have incurred a medical impairment during a period of war, in an area of armed conflict, or while participating in combat operations is not sufficient to support a finding that the disability resulted from armed conflict. There must be a definite causal relationship between the armed conflict and the resulting unfitting disability. b. Combat related. Covers those injuries and diseases attributable to the special dangers associated with armed conflict or the preparation or training for armed conflict. A physical disability will be considered combat related if it causes the Soldier to be unfit or contributes to unfitness and was incurred under any of the following circumstances: * As a direct result following armed conflict. * While engaged in hazardous service. * Under conditions simulating war. * Caused by an instrumentality of war c. The regulation states disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to Soldiers whose service is interrupted and who can no longer continue to reasonably perform because of a physical disability incurred or aggravated in military service. 6. By law (Title 26, USC, section 104), authorizes special rules for combat-related injuries for compensation for injuries or sickness. For purposes of this subsection, the term "combat-related injury" means personal injury or sickness (A) which is incurred (i) as a direct result of armed conflict, (ii) while engaged in extra-hazardous service, or (iii) under conditions simulating war; or (B) which is caused by an instrumentality of war. 7. The law (Title 10, USC, section 1413a) defines the term "combat-related disability" means a disability that is compensable under the laws administered by the Secretary of Veterans Affairs and that (1) is attributable to an injury for which the member was awarded the Purple Heart; or (2) was incurred (as determined under criteria prescribed by the Secretary of Defense) (A) as a direct result of armed conflict; (B) while engaged in hazardous service; (C) in the performance of duty under conditions simulating war; or (D) through an instrumentality of war. 8. The Army rates only conditions determined to be physically unfitting at the time of discharge, which disqualify the Soldier from further military service. The Army disability rating is to compensate the individual for the loss of a military career. The VA does not have authority or responsibility for determining physical fitness for military service. The VA may compensate the individual for loss of civilian employability. 9. Title 38, U.S. Code, Sections 1110 and 1131, permit the VA to award compensation for disabilities which were incurred in or aggravated by active military service. However, an award of a VA rating does not establish an error or injustice on the part of the Army. 10. Title 38, CFR, Part IV is the VA’s schedule for rating disabilities. The VA awards disability ratings to veterans for service-connected conditions, including those conditions detected after discharge. As a result, the VA, operating under different policies, may award a disability rating where the Army did not find the member to be unfit to perform his duties. Unlike the Army, the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings. MEDICAL REVIEW: The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting documents and the applicant's records in the Interactive Personnel Electronic Records Management System (iPERMS), the Armed Forces Health Longitudinal Technology Application (AHLTA), the Health Artifacts Image Management Solutions (HAIMS) and the VA's Joint Legacy Viewer (JLV). The applicant was discharged through the MEB/PEB process for a back condition he believes should have been found combat related. He also believes his PTSD was misdiagnosed and discounted. He requests for his injuries to be found combat related. He also requests consideration for medical retirement. a. The applicant contends that he injured his back during his 3rd tour (while in Iraq). (1) AHLTA search did not reveal any visits for back pain until May 2011. During that visit, he stated that he had stiffness in his lower back since deployment in 2007—he had awakened one morning with stiffness. He further reported that he had recently developed intense pain on his posterior left leg into foot. The MEB NARSUM notes cited 16May2011 Physical Therapy Connor-Drum CTMC as the first presentation for low back pain. The level 3 permanent physical profile for low back pain with intermittent left leg numbness showed multiple activity limitations; and that he could not complete the 2 mile run or sit-ups. 30Apr2012 Back Conditions C&P exam showed back forward flexion to 80 degrees (normal is 90); and extension to 30 degrees (normal is 30 degrees). The 17Jan2012 lumbar MRI showed diffuse disc bulge at L3-4 and L4-5 with minimal thecal sac compression; and diffuse disc bulge with small left central extrusion at L5-S1 with minimal compression of the thecal sac and left S1 nerve as it exits the thecal sac. (2) The PEB convened 11 October 2012 found conditions Disc Extrusion, Lumbar Spine, Residual Spondylosis (VASRD code 5243-5237); and Left Lower Extremity Radiculopathy (VASRD code 5260), unfitting for continued military service. 10% ratings were applied for each condition. Since the case was adjudicated as part of the Integrated Disability Evaluation System (IDES), the ratings were determined by the VA as published in the 21Sep2012 VA Rating Decision. The applicant concurred with the PEB findings and waived a formal hearing of his case. He did not request reconsideration of his VA ratings. b. The MEB found that the following conditions DID meet retention standards: Tinnitus; PTSD; Social Anxiety Disorder; Alcohol Dependence, in Remission; Degenerative Joint Disease, Right Knee, Residual Functional Pain; Tendonitis, Knee Functional Pain; Left Acromioclavicular Joint Separation Residual Functional Pain. In his 08Aug2012 appeal, the applicant disagreed with the MEB’s determination concerning the PTSD condition only. The AHLTA record showed only 4 BH related appointments. (1) 19Sep2008 Guthrie AHC Social Work (AHLTA note). The applicant was seen in relation to intimate partner abuse, and enrolled in Family Advocacy Program. (2) 02Oct2009 Guthrie AHC Substance Abuse (AHLTA note). He had a DWI and indicated that depression was the trigger. He met DSM-IV criteria for a substance use disorder. (3) 02Oct2009 Psychiatry Consult (AHLTA note). The evaluation was completed in conjunction with ASAP. His depression diagnosis was confirmed as well as anxiety. In addition, he likely had a mood disorder related to alcoholism. He accepted an antidepressant medication trial along with medication for sleep. (4) 10Nov2010 Social Work Care Manager Program (AHLTA note). He screened positive for potential post-deployment stress reactions. He agreed to attend his BH appointment as scheduled. There were no BH visits that followed in AHLTA. (5) 14Dec2011 (HAIMs note) documented Mental Health Primary Care Screening. He endorsed having little interest or pleasure in doing things in the last 2 weeks. But he answered ‘No’ to all of the higher level screening questions. Therefore, it was concluded at the time, that he had falsely screened positive for depression. (6) 17May2012 BH Evaluation by QTC Medical Group-Ft Drum (for the MEB). BH symptoms (anxiety/depression) started in 2005 as a result of being extended (stop loss). In 2007-2008, he suffered loss of self-esteem due to his wife’s infidelity. His current symptoms included social anxiety described as anxiety in large groups or public places. He stated that he was involved in combat activity, but he did not sustain any wounds. Stressors: He witnessed a close comrade being killed; as well as experiencing the death of 3 other close comrades. These deaths all occurred during his combat experience and each Soldier who died was specifically named by the applicant. The QTC examiner diagnosed PTSD indicating that the applicant met all DSM IV criteria; with symptoms to include hypervigilance, and re-experiencing. His global assessment functioning score was 70 (mild symptoms, or good general functioning). (7) 21Aug2012 memo for the PEB President regarding the applicant’s PTSD condition reads: “The Soldier’s comments and statements from his colleagues are noted. However, review of the records show the Soldier has been functioning in his unit since onset of symptoms in 2007. He has been promoted twice. His command recommends retention. There is no evidence that the Soldier would require duty in a protected environment or duty restrictions. He has not required hospitalization. This condition meets retention standards.” c. The 21Sep2012 VA Rating Decision showed the ratings for the remaining conditions near the time of discharge: Left Shoulder Acromioclavicular Joint Separation (10%); Right Knee Degenerative Joint Disease (10%); Left Knee Tendonitis (10%); and PTSD with Social Anxiety Disorder, and Alcohol in Remission (10%). The rating for PTSD was increased 6 months after discharge (effective 14Jul2913 per partial record of Rating Disabilities). The 13Dec2012 Enlisted Record Brief (ERB) showed PULHES 113111; and that the applicant passed his last APFT in November 2011 with score 233. The ERB also showed that the applicant had 4 deployments to Iraq (20030201- 20030801, 20040601-20040801, 20060816-20071031; 20091015-20100801) and one to Korea (20010920-20020918). He had very few BH encounters and was not diagnosed with PTSD until his QTC exam. There was no indication that the condition had impacted performance of duty. Based on records available for review, with the exception of the lumbar conditions, there was insufficient evidence to support that there were any other conditions (including the PTSD condition), which failed medical retention standards in accordance with AR 40-501 chapter 3. In the ARBA reviewer’s opinion, the applicant’s medical conditions were duly considered during discharge processing. d. Concerning the applicant’s request for combat designation for his service connected disabilities, the ARBA reviewer observed the following: Medical records did not show in-theatre visits for back pain/injury, or for his BH condition, or for any of the other conditions that were rated by the VA. Post deployment health assessments were not available for direct review. However, he had 5 deployments and was awarded the Combat Action Badge (per DD Form 214). He did not receive a Purple Heart. It was observed that when the first BH symptoms presented in 2005, he had already deployed 3 times. In addition, he screened positive for potential post-deployment stress reactions during the 10Nov2010 Post Deployment Behavioral Health Reassessment and Screening. He also reported significant combat stressors in his May 2012 QTC BH exam for the MEB. He met DSM IV criteria (in effect at the time) for the diagnosis, and there was no report of any non-combat traumatic stressors. In the ARBA reviewer’s opinion, there was sufficient corroboration to support that the applicant’s PTSD was combat related. There was insufficient evidence to support that any of the other conditions were combat related. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was partially warranted. Board members considered the totality of this case: the service records, medical conditions, processing, and the medical review. The disability rating was 20% and that the PEB determined his disposition be separation with severance pay (disc extrusion, lumbar spine, residual spondylosis (VASRD Code 5243-5237) – 10% and left lower extremity radiculopathy (VASRD Code 5260) – 10%). Other medical conditions listed and determined Not to Be Unfitting) included: PTSD, social anxiety disorder, degenerative joint disease right knee with residual functional pain, tendinitis of knee, functional pain, and left acromioclavicular joint separation with residual. The medical records did not show in-theatre visits for back pain/injury, or for his BH condition, or for any of the other conditions that were rated by the VA, despite having deployed multiple times. Post deployment health assessments were not available for direct review. Board members noted that when the first BH symptoms presented in 2005, he had already deployed 3 times. In addition, he screened positive for potential post-deployment stress reactions during the November 2010 Post Deployment Behavioral Health Reassessment and Screening. He also reported significant combat stressors in his May 2012 BH examination for the MEB. He met criteria (in effect at the time) for the diagnosis, and there was no report of any non-combat traumatic stressors. Board members agreed that there was sufficient corroboration to support that the applicant’s PTSD was combat related. There was insufficient evidence to support that any of the other conditions were combat related. Due to the multiple conditions being addressed, the Board cannot make a decision on a disability rating, and potential medical retirement. Rather, the Board voted to refer the applicant to the Disability Evaluation System for a determination if PTSD was unfitting at the time and whether it was combat-related. No other conditions should be considered. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF XX: XX: XX: GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by referring his records to the Office of The Surgeon General for review to determine if PTSD was unfitting as it existed at the time. a. If a review by the Office of The Surgeon General determines the evidence supports amendment of his disability evaluation records, the individual concerned will be afforded due process through the Disability Evaluation System for consideration of any additional diagnoses (or changed diagnoses) identified as having not met retention standards prior to his discharge. b. In the event that a formal PEB becomes necessary, the individual concerned will be issued invitational travel orders to prepare for and participate in consideration of his case by a formal PEB. All required reviews and approvals will be made subsequent to completion of the formal PEB. c. Should a determination be made that the applicant should be retired for disability, these proceedings serve as the authority to issue him the appropriate separation retroactive to his original separation date, with entitlement to all back pay and allowances and/or retired pay, less any entitlements already received. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief without benefit of the review described above. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Disability Evaluation System and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his office, grade, rank, or rating. Only the unfitting conditions or defects and those which contribute to unfitness will be considered in arriving at the rated degree of incapacity warranting retirement or separation for disability. a. Paragraph 3-2 states disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to Soldiers whose service is interrupted and who can no longer continue to reasonably perform because of a physical disability incurred or aggravated in military service. b. Paragraph 3-4 states Soldiers who sustain or aggravate physically-unfitting disabilities must meet the following line-of-duty criteria to be eligible to receive retirement and severance pay benefits: (1) The disability must have been incurred or aggravated while the Soldier was entitled to basic pay or as the proximate cause of performing active duty or inactive duty training. (2) The disability must not have resulted from the Soldier's intentional misconduct or willful neglect and must not have been incurred during a period of unauthorized absence. 3. Title 10, U.S. Code, chapter 61, provides the Secretaries of the Military Departments with authority to retire or discharge a member if they find the member unfit to perform military duties because of physical disability. The U.S. Army Physical Disability Agency is responsible for administering the Army physical disability evaluation system and executes Secretary of the Army decision-making authority as directed by Congress in chapter 61 and in accordance with DOD Directive 1332.18 and Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation). a. Soldiers are referred to the disability system when they no longer meet medical retention standards in accordance with Army Regulation 40-501, chapter 3, as evidenced in an MEB; when they receive a permanent medical profile rating of 3 or 4 in any factor and are referred by an MOS Medical Retention Board; and/or they are command-referred for a fitness-for-duty medical examination. b. The disability evaluation assessment process involves two distinct stages: the MEB and PEB. The purpose of the MEB is to determine whether the service member's injury or illness is severe enough to compromise his/her ability to return to full duty based on the job specialty designation of the branch of service. A PEB is an administrative body possessing the authority to determine whether or not a service member is fit for duty. A designation of "unfit for duty" is required before an individual can be separated from the military because of an injury or medical condition. Service members who are determined to be unfit for duty due to disability either are separated from the military or are permanently retired, depending on the severity of the disability and length of military service. Individuals who are "separated" receive a one-time severance payment, while veterans who retire based upon disability receive monthly military retired pay and have access to all other benefits afforded to military retirees. c. The mere presence of a medical impairment does not in and of itself justify a finding of unfitness. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier may reasonably be expected to perform because of his or her office, grade, rank, or rating. Reasonable performance of the preponderance of duties will invariably result in a finding of fitness for continued duty. A Soldier is physically unfit when a medical impairment prevents reasonable performance of the duties required of the Soldier's office, grade, rank, or rating. 4. Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness standards for enlistment, induction, appointment (including officer procurement programs), retention, and separation (including retirement). The Department of Veterans Affairs Schedule for Rating Disabilities. VASRD is used by the Army and the VA as part of the process of adjudicating disability claims. It is a guide for evaluating the severity of disabilities resulting from all types of diseases and injuries encountered as a result of or incident to military service. This degree of severity is expressed as a percentage rating which determines the amount of monthly compensation. Once a determination of physical unfitness is made, disabilities are rated using the VA schedule of disability rating. 5. Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rating of at least 30 percent. Title 10, U.S. Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rating of less than 30 percent. 6. Title 10, U.S. Code, section 1413a, as amended, established CRSC. CRSC provides for the payment of the amount of money a military retiree would receive from the VA for combat-related disabilities if it were not for the statutory prohibition for a military retiree to receive a VA disability pension. Payment is made by the Military Department, not the VA, and is tax free. Eligible members are those retirees who have 20 years of service for retired pay computation (or 20 years of service creditable for Reserve retirement at age 60) and who have disabilities that are the direct result of armed conflict, especially hazardous military duty, training exercises that simulate war, or caused by an instrumentality of war. CRSC eligibility includes disabilities incurred as a direct result of: * armed conflict (gunshot wounds, Purple Heart, etc.) * training that simulates war (exercises, field training, etc.) * hazardous duty (flight, diving, parachute duty) * an instrumentality of war (combat vehicles, weapons, Agent Orange, etc.) 7. Title 38, United States Code, Section 1110 (General - Basic Entitlement) sates for disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, or air service, during a period of war, the United States will pay to any Veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the Veteran's own willful misconduct or abuse of alcohol or drugs. 8. Title 38, United States Code, Section 1131 (Peacetime Disability Compensation - Basic Entitlement) states for disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, or air service, during other than a period of war, the United States will pay to any Veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the Veteran's own willful misconduct or abuse of alcohol or drugs. 9. On 25 August 2017, the Office of the Undersecretary of Defense for Personnel and Readiness issued clarifying guidance for the Secretary of Defense Directive to DRBs and BCM/NRs when considering requests by Veterans for modification of their discharges due in whole or in part to: mental health conditions, including PTSD, traumatic brain injury, sexual assault, or sexual harassment. Boards are to give liberal consideration to Veterans petitioning for discharge relief when the application for relief is based, in whole or in part, on those conditions or experiences. The guidance further describes evidence sources and criteria and requires boards to consider the conditions or experiences presented in evidence as potential mitigation for misconduct that led to the discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210009520 10 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1