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 under other than honorable conditions. The applicant requests an upgrade to honorable. The applicant seeks relief contending, in effect, applicant is a mother now and would like to be able to receive the benefits applicant could get if applicant had received an honorable discharge, like medical benefits. There is a VA hospital near the applicant and applicant knows applicant has numerous health problems but is unable to receive treatment from the VA because of applicant's discharge. The applicant is going to school to become a nurse and is afraid applicant's discharge will prevent applicant from getting a good job which could provide a good life for applicant and applicant's daughter. The applicant was never in trouble in the Army and was always an outstanding Soldier. In 2006, the applicant was in Iraq and was a driver in the Colonel's PSD convoy. The applicant was the "go to" person for applicant's chain of command because they knew applicant could be trusted and would get the job done. The reason why applicant received the discharge was because applicant went AWOL after returning from Iraq. The applicant was pregnant and had a miscarriage at four months and became very depressed. The applicant tried talking to applicant's chain of command and applicant even went to see mental health. No one wanted to help so applicant left in fear of turning to suicide because applicant was at applicant's lowest point. The applicant asks the board to consider this request to upgrade applicant's discharge. In a records review conducted on 31 January 2022, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, when considering the applicant's experiences associated with PTSD. Therefore, the Board voted to grant relief in the form of an upgrade to the characterization of service to General, Under Honorable Conditions. 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 / Under Other Than Honorable Conditions b. Date of Discharge: 22 June 2011 c. Separation Facts: (1) Date Charges Preferred (DD Form 458, Charge Sheet): On 21 April 2011, the applicant was charged with: The Charge: Violating Article 86, UCMJ: Specification 1: From 19 September 2007 to 19 March 2011, without authority, absent themselves from applicant's unit. Specification 2: From 20 March 2011 to 19 April 2011, without authority absent themselves from applicant's unit. (2) Legal Consultation Date: 21 April 2011 (3) 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. (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date / Characterization: 7 June 2011 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 June 2007 / 4 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92F10, Petroleum Supply Specialist / 3 years, 3 months, 8 days d. Prior Service / Characterizations: RA, 12 August 2004 - 20 June 2007 / HD e. Overseas Service / Combat Service: SWA / Iraq (5 December 2005 - 30 November 2006) f. Awards and Decorations: GWOTEM, ICM-CS, ASR, OSR, CAB / The applicant's AMHRR reflects award of the NDSM and ARCOM, the awards are not reflected on the DD Form 214. g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 2 October 2007, reflects the applicant was under investigation for AWOL, under Article 86, UCMJ (On Post), beginning date 19 September 2007. Duty Status - Listing shows the applicant AWOL on 19 September 2007 and Present for Duty on 20 March 2011. Three Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective date 20 March 2011; From "AWOL" to "Present for Duty (PDY)," effective date 19 April 2011; and, From "Absent Without Leave" to "Dropped From Rolls (DFR)," effective date 21 April 2011. Charge Sheet as described in previous paragraph 3c. i. Lost Time / Mode of Return: 3 years, 7 months, 3 days: AWOL, 17 September 2007 - 19 March 2011 / NIF AWOL, 20 March 2011 - 19 April 2011 / NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, online application; DD Form 149; DD Form 214; U.S. Army Honorable Discharge Certificate. 6. POST SERVICE ACCOMPLISHMENTS: The applicant is attending nursing school. 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) Paragraph 3-7c states Under other-than-honorable-conditions discharge is an administrative separation from the Service under conditions other than honorable and it may be issued for misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial based on certain circumstances or patterns of behavior or acts or omissions that constitute a significant departure from the conduct expected of Soldiers in the Army. (5) 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. (6) 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.) (7) 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 waivable and nonwaivable separations. Table 3-1, defines reentry eligibility (RE) codes. RE-4 applies to a person separated from last period of service with a nonwaivable 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 evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. The applicant, in consultation with legal counsel, voluntarily requested, in writing, a discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense, and indicated an understanding an under other than honorable conditions discharge could be received, and the discharge would have a significant effect on eligibility for veterans' benefits. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. The applicant contends being depressed after a miscarriage which caused applicant to go AWOL. The applicant's AMHRR contains no documentation of a depression diagnosis. The applicant did not submit any evidence to support the contention the discharge resulted from any medical condition. The AMHRR is void of a mental status evaluation. The applicant contends receiving no assistance with mental issues from the command. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends good service to include a combat tour. The applicant contends attending nursing school. 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 applicant requests an upgrade to receive employment benefits which would come with having an honorable discharge. The Board does not grant relief to gain employment or enhance employment opportunities. The applicant requests an upgrade to receive the medical benefits which would come with having an honorable discharge. 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 requests a discharge certificate. The creation of discharge certificates is not within the purview of the Army Discharge Review Board. In accordance with AR 635-8 (Separation Processing and Documents) DD Form 214 will not be prepared for Soldiers who are discharged for immediate reenlistment in the Regular Army. Copies of discharge certificates may be acquired by submission of a Standard Form 180 (obtained online or from a local military installation) to the applicable address: Former active duty Army and Reserve Personnel: National Personnel Records Center (Military Personnel Records), 9700 Page Boulevard, St Louis, MO 63132. 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 DoD and VA medical records and found the applicant was experiencing combat-related PTSD symptoms that may mitigate applicant's discharge. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found applicant was experiencing combat-related PTSD symptoms during military service. (3) Does the condition or experience actually excuse or mitigate the discharge? Partially. The Board's Medical Advisor, a voting member, applied liberal consideration and opined that even though the applicant has not been formally diagnosed with PTSD, medical records reveal experiences that are associated with combat-related PTSD. Given the association between PTSD and avoidance, there was more likely than not a nexus between applicant's PTSD symptoms and the AWOLs that led to separation. As a result, applicant's PTSD related experiences partially excuse the discharge. (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 applicant's experiences associated with combat-related PTSD mitigates applicant's AWOLs for the reasons listed in (3) above. As a result, the ADRB applied liberal consideration and found that the applicant's experiences associated with combat-related PTSD outweighed the basis for separation. b. Response to Contention(s): (1) The applicant contends being depressed after a miscarriage which caused applicant to go AWOL. The Board considered this contention during proceedings but concluded to grant an upgrade because applicant's experiences associated with combat-related PTSD outweighed applicant's AWOLs. The Board voted to grant relief in the form of an upgrade to the characterization of service to General, Under Honorable Conditions. (2) The applicant contends receiving no assistance with mental issues from the command. The Board considered this contention during its deliberation and determined the evidence of record supports the presumption of government regularity. (3) The applicant contends good service to include a combat tour. The Board considered applicant's combat service during deliberation but concluded applicant's experiences associated with combat-related PTSD outweighed applicant's AWOLs. The Board voted to grant relief in the form of an upgrade to the characterization of service to General, Under Honorable Conditions. (4) The applicant contends attending nursing school. The Board considered applicant's post service accomplishments during deliberation but concluded that applicant's experiences associated with combat-related PTSD outweighed applicant's AWOL. The Board voted to grant relief in the form of an upgrade to the characterization of service to General, Under Honorable Conditions. (5) The applicant requests an upgrade to receive employment benefits which would come with having an honorable discharge. The Board does not grant relief to gain employment or enhance employment opportunities. (6) The applicant requests an upgrade to receive the medical benefits which would come with having an honorable discharge. 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. (7) The applicant requests a discharge certificate. The creation of discharge certificates is not within the purview of the Army Discharge Review Board. In accordance with AR 635-8 (Separation Processing and Documents) DD Form 214 will not be prepared for Soldiers who are discharged for immediate reenlistment in the Regular Army. Copies of discharge certificates may be acquired by submission of a Standard Form 180 (obtained online or from a local military installation) to the applicable address: Former active duty Army and Reserve Personnel: National Personnel Records Center (Military Personnel Records), 9700 Page Boulevard, St Louis, MO 63132. c. The Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, when considering the applicant's experiences associated with PTSD. Therefore, the Board voted to grant relief in the form of an upgrade to the characterization of service to General, Under Honorable Conditions. The Board determined the narrative reason/SPD code and RE code were proper and equitable and voted not to change them. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to General, Under Honorable Conditions because of the inequity when considering the applicant's length of service, combat service, and experiences associated with combat-related PTSD. (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: General, Under Honorable Conditions 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 AR20210003280 1