1. Applicant's Name: a. Application Date: 26 April 2021 b. Date Received: 26 April 2021 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. The applicant seeks relief contending, in effect, during the applicant's second enlistment, the applicant had post-traumatic stress disorder (PTSD) and behavioral health issues and was not given a fair discharge. The applicant was seen by doctors at Fort Campbell and went to group therapy, but the applicant was told the applicant was faking the issues. The applicant's discharge was unfair. The command did not consider anything before the discharge. The applicant believes there were several underlining issues and the Army refused to help. The Army was just worried about boots on the ground in the Middle-East rather than helping Soldiers. The applicant served honorably from 2003 to 2006, but did not return from combat as the same person. The applicant did not make the best choice to reenlist in 2007. The applicant should have received help instead of being ridiculed for having issues. The applicant understands the applicant made the choice to go absent without leave (AWOL), but at the time the applicant believed the applicant had no choice. The discharge board should have considered all the information before determining the discharge. There was a high volume of Soldiers going AWOL and the Army chose to kick them out of the service without rendering help or considering the type of discharges the Army was giving the Soldiers. b. Board Type and Decision: In a records review conducted on 16 March 2023, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's PTSD outweighed the AWOL basis for separation. 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 that the 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 (AWOL) / AR 635-200, Paragraph 14-12c (1) / JKD / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 11 April 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 March 2008 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was absent without leave (AWOL) for 103 days. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 20 March 2008 (5) Administrative Separation Board: On 20 March 2008, the applicant unconditionally waived consideration of the case before an administrative separation board. (6) Separation Decision Date / Characterization: 9 April 2008 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 August 2007 / 4 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 82 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 4 years, 6 months, 5 days d. Prior Service / Characterizations: RA, 27 May 2003 - 26 May 2006 / HD USARCG, 27 May 2006 - 15 August 2007 / NA e. Overseas Service / Combat Service: SWA / Iraq (1 October 2004 - 1 October 2005) f. Awards and Decorations: NDSM, GWOTEM, GWOTSM, ASR, OSR-2, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)," to "Absent Without Leave (AWOL)," effective 17 October 2007; and From "AWOL" to "Dropped From Rolls (DFR)," effective 16 November 2007. Report of Return of Absentee, dated 2 January 2008, which reflects the applicant went AWOL on 17 October 2007 and was apprehended by civil authorities on 2 January 2008. Report of Mental Status Evaluation, dated 3 March 2008, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand and participate in administrative proceedings; was mentally responsible; and met medical retention requirements. Field Grade Article 15, dated 10 March 2008, for being AWOL (from 17 October 2007 to 27 February 2008). The punishment consisted of a reduction to E-1; forfeiture of $673 pay per month for two months; and extra duty and restriction for 45 days. i. Lost Time / Mode of Return: 4 months, 10 days (AWOL, 17 October 2007 - 26 February 2008) / Apprehended by Civilian Authorities j. Diagnosed PTSD / TBI / Behavioral Health: Cornerstone Wellness Center, dated 5 November 2007, reflects the applicant met the diagnostic impressions for PTSD and adjustment disorder with mixed depressed mood and anxiety. James M. Branum Law Firm letter, dated 25 February 2008, reflects the applicant was diagnosed with PTSD, as a result of honorable service in Iraq; adjustment disorder with mixed depressed mood; and anxiety. The attorney, at the time, described the applicant's experiences while deployed; suicidal gestures; issues during the applicant's separation from service; and issues during the second enlistment. Counsel argued it would have been in the Army's best interest to discharge the applicant in lieu of court-martial. Report of Medical Examination, dated 5 March 2008, the examining medical physician noted in the summary of defects and diagnoses section: History of depression and anxiety. Report of Medical History, dated 5 March 2008, the examining medical physician noted in the comments section: Anxiety, depression, onset September 2005, evaluated at Fort Lewis; reevaluation while AWOL at Cornerstone Wellness Center. The applicant was diagnosed with anxiety; depression with mixed mood disorder; and PTSD. Re-evaluation by Behavioral Health at Fort Campbell 2008, denies treatment. 5. APPLICANT-PROVIDED EVIDENCE: Two DD Forms 214; DD Form 149; Two DD Forms 293; self-authored statement; and Cornerstone Wellness Center letter. 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(1) allows for an absentee returned to military control from a status of absent without leave or desertion to be separated for commission of a serious offense. 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 "JKD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 12c(1), misconduct (AWOL). 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 record of service, the issues and documents submitted with the application were carefully reviewed. The applicant contends PTSD and other mental health issues affected behavior which led to the discharge. The Army Military Human Resource Record (AMHRR) reflects the applicant was seen by mental health personnel and the applicant was diagnosed with PTSD and adjustment disorder with mixed depressed mood and anxiety. The applicant underwent a mental status evaluation (MSE) on 3 March 2008, which indicates the applicant could understand and participate in administrative proceedings; was mentally responsible; and met medical retention requirements. The MSE does not indicate any diagnosis. The medical documents and MSE were considered by the separation authority. The applicant contends the command did not assist the applicant with the mental health issues. The applicant's AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends good service, including a combat tour. The Board will consider the applicant's service accomplishments and the quality of service according to the DODI 1332.28. The applicant contends, during this time, the Army was separating several Soldiers with an under other than honorable discharge. Applicable regulations state each case must be decided on an individual basis, considering the unique facts and circumstances of the particular case. 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: PTSD, Adjustment Disorder, Depression, Anxiety. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found applicant was diagnosed in service with an Adjustment Disorder, Anxiety, and Depression and he is diagnosed and service connected by the VA for combat-related PTSD. Service connection establishes that applicant's PTSD existed during military service. (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 was diagnosed in service with an Adjustment Disorder, Depression, and Anxiety and is diagnosed and service connected by the VA for combat-related PTSD. Given the nexus between PTSD and avoidance, applicant's PTSD likely contributed to the AWOL that led to separation. (4) Does the condition or experience outweigh the discharge? Yes. After applying liberal consideration to the evidence, including the Board Medical Advisor opine, the Board determined that the applicant's PTSD outweighed the AWOL basis for separation for the aforementioned reasons. b. Response to Contention(s): (1) The applicant contends PTSD and other mental health issues affected behavior which led to the discharge. The Board determined that this contention was valid and voted to upgrade the discharge based on the applicant's PTSD outweighing the basis for separation. (2) The applicant contends the command did not assist the applicant with the mental health issues. 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 basis for separation. (3) 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 basis for separation. (4) The applicant contends, during this time, the Army was separating several Soldiers with an under other than honorable discharge. 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 basis for separation. c. The Board determined the discharge is inequitable based on the applicant's PTSD outweighed the AWOL basis for separation. Therefore, the Board voted to grant relief in the form of an upgrade. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because applicant's PTSD outweighed the AWOL basis for separation. 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 AR20210002179 1