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, from an early age, he wanted to be a Soldier. He joined a year after 9/11 and was deployed to Iraq where he witnessed several killings and was mortared every day. He received orders to report to the 101st Airborne and was so excited, but right before his report date, his mother died. The applicant was heartbroken and collapsed mentally. He tried to get a stateside assignment and had only been back in country for six months. He continued to train with the 101st and reported to his platoon sergeant and chaplain it was not safe for him or the brothers around him. His mind was occupied with grief, stress and he acted immature and thought it was a good idea to leave, but after about 27 days, he came back. At the time, he did not know how to handle things and believed he asked for help, but was being punished. He was given an Article 15 for his behavior and bad decision making. He continued to train but began to get sick and initially refused to go to the hospital, but later went and was prescribed cough syrup with Codeine and antibiotics. He never failed a PT test before, but once he did, his pride was hurt and decided he was not useful to his unit. His mind was still preoccupied with his mom's death and after he failed the PT test, he deserted. He regrets his poor decision to this day, even though he was raised to put family first. During the time he was absent, he sorted through his mother's things and when the estate was organized, he reported back to Fort Campbell. He apologizes for not fulfilling his commitment, but is proud he was able to serve in combat with the best fighting force in the world. Prior to his discharge, he had undiagnosed PTSD with anxiety, depression and rage, which led him to abuse controlled substances in an effort to self-medicate. He has successfully completed a four-month substance abuse/mental health program. In a records review conducted on 3 March 2022, and by a 5 - 0 vote, the Board determined that the characterization of service was inequitable based on the applicant's circumstances surrounding the discharge (Major Depressive Disorder and PTSD diagnoses). 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: In Lieu of Trial by Court-Martial / AR 635-200, Chapter 10 / KFS / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 3 February 2006 c. Separation Facts: d. Date and Charges Preferred (DD Form 458, Charge Sheet): On 4 January 2006, the applicant was charged with: Violating Article 86, UCMJ, for being AWOL: Specification 1: the applicant did on or about 27 April 2005, absent himself from his unit and did remain so absent until on or about 25 May 2005. Specification 2: the applicant did on or about 26 July 2005, absent himself from his unit and did remain so absent until on or about 12 October 2005. (1) Legal Consultation Date: 5 January 2006 (2) Basis for Separation: Pursuant to the applicant's request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Separation Decision Date / Characterization: undated / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 November 2002 / 4 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11C10, Indirect Fire Infantry / 3 years, 2 months, 19 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (30 October 2003 - 1 November 2004) f. Awards and Decorations: ARCOM, NDSM, GWOTSM, ASR, CIB, ICM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Five Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 27 April 2005; From "AWOL" to "PDY," effective 25 May 2005; From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 26 July 2005; From "AWOL" to "Dropped From Rolls (DFR)," effective 25 August 2005; and, From "Dropped From Rolls (DFR)," to "Present for Duty (PDY)," effective 12 October 2005. Electronic copy of DD Form 2624, dated 3 June 2005, reflects the applicant tested positive for COC 969 (cocaine), during a CO (Command Directed or competency for duty) urinalysis testing, conducted on 25 May 2005. Positive Drug Report, dated 5 December 2005, reflects the applicant also tested positive for Benzoylecgonine 100 ng/ml on 2 June 2005. The metabolite Benzoylecgonine, is produced by the metabolism of Cocaine, a controlled substance. Charge Sheet as described in previous paragraph 3c(1). i. Lost Time / Mode of Return: 104 days: AWOL, 27 April 2005 - 24 May 2005 / Returned to Military Control AWOL, 26 July 2005 - 11 October 2005 / Returned to Military Control j. Diagnosed PTSD / TBI / Behavioral Health: Monmouth Medical Center report, dated 1 June 2018, reflects the applicant was diagnosed with major depressive disorder, recurrent episode, moderate with anxious distress; PTSD; benzodiazepine use disorder; and opioid use disorder on MMTP. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Ocean County Veteran Service Bureau letter; DD Form 214; self-authored statement; Preferred Behavior Health Group letter; Monmouth Medical Center Behavioral health records; Certificate of Achievement; VA Form 21- 4138. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, he has successfully completed a four-month substance abuse/mental health program. 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-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 contends family issues affected behavior and ultimately caused the discharge. There is no evidence in the AMHRR the applicant ever sought assistance before committing the misconduct, which led to the separation action under review. The applicant contends he suffered from undiagnosed PTSD with anxiety, depression and rage. The applicant provided a copy of his Monmouth Medical Center Behavioral health records which reflect he was diagnosed with major depressive disorder, recurrent episode, moderate with anxious distress; PTSD; benzodiazepine use disorder; and opioid use disorder. The AMHRR does not contain a mental status evaluation (MSE). The applicant contends he believed he asked for help, but was being punished. The 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 considered the service accomplishments and the quality of service. The applicant contends he has successfully completed a four-month substance abuse/mental health program. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. No law or regulation provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in civilian life after leaving the service. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The third party statements provided with the application speak of the events the applicant experienced during his deployment to Iraq and his struggle with substance abuse since his discharge. 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. The applicant was diagnosed in-service with Major Depressive Disorder and was diagnosed post-service by the VA with combat-related PTSD. (2) Did the condition exist or experience occur during military service? Yes. The applicant was diagnosed in-service with Major Depressive Disorder and was diagnosed post- service by the VA with combat-related PTSD. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. Given the nexus between PTSD and avoidance, there is an association between applicant's PTSD and the AWOLs that led to the applicant's separation. After applying liberal consideration, the Board's Medical Advisor opines that the applicant's basis for separation is medically mitigated. (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, that PTSD is often associated with avoidance behavior for the reasons listed in (3) above. As a result, the ADRB applied liberal consideration and found that the BH conditions outweighed the basis for separation. b. Response to Contentions: (1) The applicant contends family issues affected behavior and ultimately caused the discharge. The Board considered this contention but determined an upgrade was appropriate exclusively because the applicant had BH conditions that outweighed the basis for separation. (2) The applicant contends he suffered from undiagnosed PTSD with anxiety, depression and rage. The Board determined that this contention was valid and voted to upgrade the characterization of service due to PTSD mitigating the applicant's AWOL charges. (3) The applicant contends was being punished after asking for help. The Board determined the AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command regarding applicant's separation process but determined an upgrade was appropriate exclusively because the applicant had BH conditions that outweighed the basis for separation. (4) The applicant contends good service, including a combat tour. The Board recognizes and appreciates the applicant's service to include combat service and considered this contention during board proceedings but determined an upgrade was appropriate exclusively because the applicant had BH conditions that outweighed the basis for separation. (5) The applicant contends he has successfully completed a four-month substance abuse/mental health program. 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 fully outweighing the applicant's AWOLs bases for separation. c. The Board determined that the characterization of service was inequitable based on the applicant's BH conditions outweighing the bases for separation. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant had PTSD which mitigated the applicant's AWOL misconduct. Thus the prior characterization is no longer appropriate. (2) The Board voted not to change the applicant's reason for discharge or accompanying SPD code under the same pretexts, and 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: Yes b. Change Characterization to: Honorable 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 AR20210003124 1