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 under other than honorable conditions. The applicant requests an upgrade to honorable. The applicant seeks relief contending, in effect, the discharge is improper because of unreported medical information which affected the applicant's service and contract obligations. The applicant suffered from post-traumatic stress disorder (PTSD); major depression; suicidal ideation, and other mental health issues because of the deployment in support of Enduring Freedom from 2003 to 2004. The issues affected the applicant's judgment and ability to perform the duties of a Soldier. For several years, the applicant has been struggling to detach from the issues which stemmed from the deployment. Because the applicant did not have the ability to cope with the issues, the applicant has suffered through so many years of mental health problems, making it hard on the applicant and the applicant's family. The applicant was admitted to the Department of Veterans Affairs (VA) mental health hospital during a drill weekend with suicidal thoughts and multiple self-inflicted cuts to the arms, which were not reported properly among the unit. J. C., a fellow Soldier, drove the applicant to a relative, and the applicant was admitted into the VA hospital on suicide watch. The applicant has tried to participate in multiple sessions to help with the illness. The applicant was released from the hospital and continued the counseling sessions and medication. The applicant's situation became worse over the years. The situation affected the applicant's education and ability to perform and fulfill military obligations. The unit to which the applicant transferred did not know anything about the applicant's mental history because it was not properly conveyed by the 244th Engineer Battalion, nor was it in the applicant's medical file. The applicant's civilian supervisor witnessed the pain and discomfort the applicant was going through and drove the applicant to the VA hospital to continue counseling. The applicant continued seeing K. E., who had been helping the applicant through the illness, but because the applicant's VA benefits were suspended, the applicant could no longer seek help. The applicant requests a review of the case and to be granted the opportunity to continue seeking help for the disability. The applicant requests an honorable discharge because of the applicant's continuous and outstanding service from 8 June 2001 to 1 January 2008; a record, which reflects the applicant's achievements; and the applicant's medical records were not considered in the separation proceedings. The applicant hopes the information provided will show what the applicant had endured and because the applicant be considered as a candidate for an honorable discharge. b. Board Type and Decision: In a records review conducted on 19 January 2022, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's PTSD and Major Depressive Disorder outweighing the accepted basis for separation - Unsatisfactory Participation. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to Honorable. The Board determined the narrative reason/SPD code and RE code were proper and equitable and voted not to change them. 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: NIF / AR 135-178 / NIF / NIF / NIF / Under Other Than Honorable Conditions b. Date of Discharge: 1 May 2009 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 June 2001 / 8 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 92A10, Logistics Automation Specialist / 7 years, 10 months, 24 days d. Prior Service / Characterizations: USAR, 8 June 2001 - 27 August 2001 / NA IADT, 28 August 2001 - 28 February 2001 / HD (Concurrent Service) AD, 24 February 2003 - 3 May 2004/ HD (Concurrent Service) e. Overseas Service / Combat Service: SWA / Iraq (14 July 2003 - 1 April 2004); Kuwait (17 May 2003 - 13 July 2003) f. Awards and Decorations: ARCOM, NDSM, GWOTEM, ASR, OSB-2, AFRM-MD / The applicant's Army Military Human Resource Record (AMHRR) reflects award of the AGCM and CAB; however, the awards are not reflected on the DD Form 214. g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant provided Unsatisfactory Participant Enlisted Checklist, reflecting the dates of various actions during the separation process. Orders 09-092-00004, dated 2 April 2009, indicate the applicant was discharged under the provisions of AR 135-178, with a characterization of under other than honorable conditions. i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided: Post-Deployment Health Assessment, dated 16 March 2004, reflecting the applicant indicated various mental health concerns. The medical health provider referred the applicant to mental health because of combat/operational stress reaction. Post-Deployment Health Reassessment, dated 13 October 2007, reflecting the applicant indicated being concerned with chest pain or pressure; problems sleeping; difficulty remembering, and increased irritability. The health care provider indicated the applicant was under the care of medical personnel and there was no referral made. The Department of Veterans Affairs (VA) Eastern Colorado Health Care System Discharge Summaries, dated 25 June 2009, reflecting the applicant was admitted to the hospital on 13 February 2005 because of the applicant began to cut the forearms superficially to relieve the symptoms of the mental health conditions. The applicant was discharged on 16 February 2005, with diagnoses: major depression; post-traumatic stress disorder; occupational problems; economic problems, related to social environment; and global assessment of functioning on discharge of 35. The Eastern Colorado Health Care System Progress Notes, dated 25 June 2009, reflecting the applicant has been receiving mental health from 2005 to 2009. The applicant was diagnosed with major depression; PTSD; narcissistic traits; difficulty with friends, family, and isolation; and GAF 55. 5. APPLICANT-PROVIDED EVIDENCE: Two DD Forms 214; two DD Forms 293, with continuation sheet; VA medical documents; enlistment documents; Army Good Conduct Medal Certificate / Orders; Combat Action Badge Orders; Letter of Commendation; assignment orders; separation documents. 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 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. (1) Paragraph 2-7, prescribes 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. (2) Paragraph 2-8, prescribes 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. 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's Army Military Human Resource Record (AMHRR) is void of the complete specific facts and circumstances concerning the events which led to the applicant's discharge from the Army Reserve. The applicant's AMHRR does contain a properly constituted discharge order: Orders 09-092-00004, dated 2 April 2009. 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 PTSD, major depression, and other mental health conditions affected behavior, which led to the discharge. The applicant provided several medical documents indicating a diagnosis of major depression, PTSD, and other related mental health issues. The AMHRR is void of a mental status evaluation. The applicant contends the medical conditions were not considered before the decision was made to separate the applicant. The AMHRR is void of the specific facts and circumstances concerning the events which led to the applicant's discharge. 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 two combat tours. The Board will consider the applicant's service accomplishments and the quality of service according to the DODI 1332.28. The applicant contends an upgrade of the discharge would allow veterans benefits. Eligibility for veteran's benefits does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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: Combat- related PTSD, Major Depression, Generalized Anxiety Disorder. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found that the applicant's PTSD and Major Depression existed during military service. There is no evidence that applicant's post-service diagnosis of Generalized Anxiety Disorder 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 there is evidence that applicant was diagnosed by the VA with combat-related PTSD and Major Depression in 2005 during an inpatient psychiatric hospitalization. PTSD and Major Depression are mitigating BH conditions. While the full facts and circumstances of applicant's separation were not contained in the file, the Board voted to accept Unsatisfactory Participation as the basis of separation. Given the nexus between PTSD and avoidance, applicant's PTSD may have contributed to the applicant's Unsatisfactory Participation, specifically missing drill weekends. Major Depressive Disorder (MDD) may have further contributed to Unsatisfactory Participation given that there is a nexus between MDD and decreased motivation and loss of energy. (4) Does the condition or experience outweigh the discharge? Yes. The Board concurred with the opinion of the Board's Medical Advisor, a voting member. As a result, the ADRB applied liberal consideration and found that the applicant's PTSD and MDD outweighed the accepted basis for separation - Unsatisfactory Participation - for the aforementioned reasons. b. Response to Contention(s): (1) The applicant contends PTSD, major depression, and other mental health conditions affected behavior, which led to the discharge. The Board determined that this contention was valid and voted to upgrade the characterization of service due to the applicant's PTSD and MDD mitigating the applicant's basis for separation. (2) The applicant contends the medical conditions were not considered before the decision was made to separate the applicant. 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 and MDD outweighing the applicant's Unsatisfactory Participation basis for separation. (3) The applicant contends good service, including two combat tours. 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 and MDD outweighing the applicant's Unsatisfactory Participation basis for separation. (4) The applicant contends an upgrade of the discharge would allow veterans benefits. The Board considered this contention and determined that eligibility for Veteran's benefits, to include educational benefits under the Post-9/11 or Montgomery GI Bill, healthcare or VA loans, do not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. c. The Board determined that the characterization of service was inequitable based on the applicant's PTSD and Major Depressive Disorder outweighing the accepted basis for separation - Unsatisfactory Participation. Thus, relief is warranted. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's PTSD and MDD outweighed the accepted basis for separation - Unsatisfactory Participation. Thus the prior characterization is no longer appropriate. (2) As there were no Reasons/SPD Codes/RE-codes listed on the applicant's discharge paperwork, due to being in the Army Reserves, no upgrade actions are required for these items. 10. BOARD ACTION DIRECTED: a. Issue a New Separation Order: Yes b. Change Characterization to: Honorable c. Change Authority to: AR 135-178, Paragraph 11-1a 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 AR20210002308 1