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: 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, the discharge should have been for medical reasons. The applicant requests assistance from President Donald Trump because the President promised to take care of the veterans. The applicant is an Iraq combat veteran with PTSD and other service-connected health issues. The applicant was discharged for misuse of a long- distance pin code after a deployment to Iraq in 2003. The applicant was homesick. The applicant has been a patient 60 times for mental health after the Iraq deployment. Before deployment, the applicant never visited a psychiatrist or had any mental health issues. The applicant requests an upgrade and for the White House to expedite the request. The applicant is homeless and cannot maintain employment. The applicant lost family, marriage, and home and lives a horrible life. The VA diagnosed the applicant with PTSD and needs VA medical and other benefits. President Trump said all veterans would receive VA assistance. The applicant served and loves this great country. The applicant further details the contentions in an allied four letters from the Department of Veterans Affairs Transition and Care Management Program personnel, submitted with the application. The letters request correction of the entries in DD Form 214, block 11, years and months in Primary Specialty, separation date of 21 June 2002. The Board should review the discrepancies in the characterization of service between the applicant's DD Form 214, NGB Form 22, and discharge Orders Number 254-045, dated 10 September 2004. The applicant's discharge should be upgraded, contending the applicant suffers from several behavioral health disorders: PTSD, Severe Anxiety Disorder, Substance Use Disorder, and Memory Problems. Since the applicant's deployment and separation from service, the applicant has been using drugs and/or alcohol to cope with the active-duty deployment experiences and continues to smoke, which the applicant did not do before enlisting. The applicant has been admitted to behavioral health facilities several times and has been arrested more than once. The applicant is homeless and does not have the financial means to survive. The applicant contends not receiving the care and evaluation required while on active duty, such as a medical evaluation board or fitness for duty evaluation, and may not have had to use drugs and alcohol to cope or experience frequent admissions to hospitals. It is more likely than not, the medical conditions are service-related. The applicant requests an upgrade to honorable; medical discharge, and service-connection rating for PTSD; Depression; Adjustment Disorder; Substance Use Disorder Secondary to PTSD and Chronic Low Back Pain; Back Injury/Pain; Gastritis; Anxiety Disorder; Ankle Injury; and other findings in the military medical records. The rating should be effective on the date of separation, and the applicant will require a fiduciary. The applicant will need intense, inpatient behavioral health service with VA providers. The applicant requests the case be expedited. The applicant is in contact with Fort Polk JAG to request a copy of the court-martial transcript and character letters because the applicant believes these documents should have been included in the discharge packet. The applicant believes if the ADRB requested this information as well, it would expedite the process. In a records review conducted on 16 June 2022, and by a 5-0 vote, the Board denied the request upon finding the character and reason for the known misconduct forming part of the basis for separation - AWOL and Disrespect - were both proper and equitable. The board also was unable to determine if AWOL and Disrespect was the only misconduct forming the basis of separation as the complete basis of separation. 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: In Lieu of Trial by Court-Martial / AR 635-200, Chapter 10 / KFS / NA / General (Under Honorable Conditions) b. Date of Discharge: 28 July 2004 c. Separation Facts: (1) Date and Charges Preferred (DD Form 458, Charge Sheet): NIF (2) Legal Consultation Date: NIF (3) Basis for Separation: NIF (4) Recommended Characterization: NIF (5) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 February 2003 / 12 months / The AMHRR reflects the applicant was retained on active duty on 14 November 2003 for six months and 15 May 2004 for 3 months, for Uniform Code of Military Justice (UCMJ) processing. The active duty orders for 14 November 2003 was later revoked, but not until 21 July 2004. b. Age at Enlistment / Education / GT Score: 18 / GED / 105 c. Highest Grade Achieved / MOS / Total Service: E-3 / 63W10, Wheel Vehicle Repairer / 2 years, 8 months, 7 days d. Prior Service / Characterizations: ARNG, 31 July 2001 - 14 February 2003 / NA IADT, 15 January 2002 - 21 June 2002 / HD (Concurrent Service) e. Overseas Service / Combat Service: SWA / Kuwait (25 April 2003 - 25 August 2003) f. Awards and Decorations: NDSM, GWOTEM, GWOTSM, AFRM-M, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: General Court-Martial Order Number 7, dated 11 August 2004, reflects on 6 April 2004, the applicant was found guilty of the following: Charge II, in violation of Article 86, UCMJ, The Specification: AWOL from 23 to 30 September 2003. Plea: Guilty. Charge III, in violation of Article 91, UCMJ, The Specification: Disobeying a noncommissioned officer on divers occasions. Plea: Guilty. Charge IV, in violation of Article 90, UCMJ, The Specification: Willful disobedience of a commissioned officer on 15 October 2003. Plea: Guilty. Adjudged Sentence: To be confined for 107 days. On 11 August 2004, the sentence was approved and would be executed. The applicant was credited with 107 days of confinement towards the sentence of confinement. Orders 209-0358, dated 27 July 2004, reflect the applicant was to be reassigned to the U.S. Army Transition Point and discharged on 28 July 2004 from the Army National Guard. The applicant's AMHRR does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which indicates the applicant was discharged under the provisions of AR 635-200, Chapter 10, by reason of In Lieu of Trial by Court-Martial, with a characterization of service of general (under honorable conditions). i. Lost Time / Mode of Return: 3 months, 21 days: AWOL, 24 September 2003 - 29 September 2003 / NIF CMA, 27 October 2003 - 10 February 2004 / Released from Confinement j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided Department of Veterans Affairs medical documents, dated 25 June 2018, which reflect the applicant was diagnosed with: Schizoaffective Disorder; Schizophrenia; Substance Abuse; PTSD; Cannabis Dependence; Bipolar; Major Depression-recurrent with psychosis. 5. APPLICANT-PROVIDED EVIDENCE: Two DD Forms 214; DD Form 293; NGB Form 22; self- authored statement requesting President Trump's assistance; military service records; military service medical records; civilian medical records, to include hospitalizations, and financial obligations; ARNG discharge orders; VA medical records; four VA Transition and Care Management Program letters, with attachments; U.S. Human Resources Command letter; National Personnel Records Center letter; Homeless Veteran Verification. 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 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. (5) Paragraph 10-8a stipulates a discharge under other than honorable conditions normally is appropriate for a Soldier who is discharged in lieu of trial by court-martial. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record during the current enlistment. (See chap 3, sec II.) (6) Paragraph 10b stipulates Soldiers who have completed entry-level status, characterization of service as honorable is not authorized unless the Soldier's record is otherwise so meritorious that any other characterization clearly would be improper. 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 "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 10, In Lieu of Trial by Court-Martial. 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-1 Applies to: Person completing his or her term of active service who is considered qualified to reenter the U.S. Army. Eligibility: Qualified for enlistment if all other criteria are met. 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. RE-4 Applies to: Person separated from last period of service with a nonwaiverable disqualification. This includes anyone with a DA imposed bar to reenlistment in effect at time of separation, or separated for any reason (except length of service retirement) with 18 or more years active Federal service. Eligibility: Ineligible for enlistment. 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 AMHRR is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. The applicant's AMHRR does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which indicates the applicant was discharged under the provisions of AR 635-200, Chapter 10, by reason of In Lieu of Trial by Court-Martial, with a characterization of service of General (Under Honorable Conditions). The applicant contends the narrative reason for the discharge needs changed. The applicant was separated under the provisions of Chapter 10, AR 635-200, with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "In Lieu of Trial by Court-Martial," and the separation code is "KFS." Army Regulation 635-8, Separation Processing and Documents, governs the preparation of the DD Form 214 and dictates the entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be as listed in tables 2-2 or 2- 3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation stipulates no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends PTSD and other service-connected mental health issues affected behavior, which ultimately led to the discharge. The applicant provided several medical documents indicating the applicant was diagnosed with: Schizoaffective Disorder; Schizophrenia; Substance Abuse; PTSD; Cannabis Dependence; Bipolar; and, Major Depression-recurrent with psychosis. The applicant's AMHRR is void of a mental status evaluation. The applicant contends good service, including a combat tour. The Board considered the service accomplishments and the quality of service. The applicant contends the discharge should have been for medical reasons. Army Regulation 635-200, in pertinent part, stipulates commanders will not separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. The applicant contends the discharge should be changed to reflect a medical discharge, with a rating for the various medical conditions. The applicant's requested change 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. The applicant requests correction of DD Form 214, block 11 (Primary Specialty), years and months in specialty, separation date 21 June 2002. The applicant's requested change 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), as stated above. The applicant contends discrepancies, in regards to the characterization of service, between the applicant's DD Form 214, separation date 28 July 2004; NGB Form 22; and Orders Number 254-045. The creation of the NGB Form 22 and Army National Guard discharge orders are not within the purview of the Army Discharge Review Board. Former National Guard personnel should contact the State National Guard Office for assistance. 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. The applicant contends current homelessness and the need for help. Eligibility for housing support program benefits for Veterans 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. Moreover, all veterans at risk for homelessness or attempting to exit homelessness can request immediate assistance by calling the National Call Center for Homeless Veterans hotline at 1-877-424-3838 for free and confidential assistance. The applicant contends an upgrade of the discharge will allow the applicant to obtain better employment. The Board does not grant relief to gain employment or enhance employment opportunities. The applicant requests the Board to contact Fort Polk to request documents which may be related to the applicant's discharge. The applicant's request does not fall within the purview of this Board. 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 the following potentially-mitigating diagnoses: Antisocial Personality Disorder, Major Depressive Disorder, PTSD, and Depression. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found evidence of mitigating conditions existing in-service, though none are service-connected by the VA. (3) Does the condition or experience actually excuse or mitigate the discharge? No. After applying liberal consideration, the Board's Medical Advisor found that the applicant's PTSD mitigates some of the accepted bases for separation - AWOL and Disrespect - due to avoidance behaviors and difficulty with authority behaviors associated with PTSD. However, GD is the proper characterization of service, because PTSD does not mitigate disobeying both non commissioned and commissioned officers and multiple occasions. (4) Does the condition or experience outweigh the discharge? N/A b. Response to Contention(s): (1) The applicant contends the narrative reason for the discharge needs changed. Since the applicant already Minor Infractions narrative reason, the Board determined that relief was not warranted. The Board determined there is likely more misconduct since seven days of AWOL and disrespect would not result in 107 days confinement. (2) The applicant contends PTSD and other service-connected mental health issues affected behavior, which ultimately led to the discharge. The ADRB is not bound by the U.S. Department of Veterans Affairs (VA) decisions. There is no law or regulation which requires that an unfavorable discharge must be upgraded based solely on the Board determination that there was a condition or experience that existed during the applicant's time in service. The Board must also articulate the nexus between that condition or experience and the basis for separation. Then, the Board must determine that the condition or experience outweighed the basis for separation. The criteria used by the VA in determining whether a former service member is eligible for benefits are different than that used by the ARBA when determining a member's discharge characterization. In this case, the Board determined that the applicant's PTSD is currently properly characterized as a GD with Minor Infractions due to the lack of evidence clarifying the bases for separation. (3) The applicant contends good service, including a combat tour. The Board took into account the applicant's length and quality of service, to include combat service, but determined that the applicant did not provide the burden of proof required to substantiate the upgrade request. (4) The applicant contends the discharge should have been for medical reasons. The Board determined, after consulting with the Board's Medical Advisor, that there is insufficient evidence to warrant a referral of the applicant's record for consideration for medical reasons due to the applicant requesting, and receiving, the Chapter 10, In Lieu of Trial by Court Martial discharge. (5) The applicant requests correction of DD Form 214, block 11 (Primary Specialty), years and months in specialty, separation date 21 June 2002. 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. (6) The applicant contends discrepancies in regards to the characterization of service, between the applicant's DD Form 214, separation date 28 July 2004; NGB Form 22; and Orders Number 254-045. The Board determined that the applicant's requested change does not fall within the purview of the ADRB. The applicant may apply to the Louisiana National Guard Office for assistance. (7) The applicant contends an upgrade of the discharge would allow veterans benefits. The Board 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. (8) The applicant contends current homelessness and the need for help. The Board considered the applicant's homelessness need, but determined that the applicant did not provide the burden of proof required to substantiate the upgrade was warranted. (9) The applicant contends an upgrade of the discharge will allow the applicant to obtain better employment. The Board does not grant relief to gain employment or enhance employment opportunities. c. The Board determined that the discharge is, at this time, proper and equitable, in light of the current evidence of record. The applicant has exhausted their appeal options available with ADRB. However, the applicant may still apply to the Army Board for Correction of Military Records. The applicant is responsible for satisfying the burden of proof and providing documents or other evidence sufficient to support the applicant's contention(s) that the discharge was improper or inequitable. d. Rationale for Decision: (1) The Board voted not to change the applicant's characterization of service because, despite applying liberal consideration, the applicant's Antisocial Personality Disorder, Major Depressive Disorder, PTSD, and Depression mitigated the known accepted bases for separation - AWOL and Disrespect - but is properly characterized as GD due to lack of actual bases for separation and the Board's belief there is more to the story that the applicant did not provide. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. (2) The Board voted not to change the applicant's reason for discharge or accompanying SPD code under the same pretexts, as the reason the applicant was discharged was both proper and equitable. (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 / Separation Order: No b. Change Characterization to: No Change c. Change Reason / SPD Code to: No Change d. Change RE Code to: No Change e. Change Authority to: No Change 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 AR20210002903 1