Applicant’s Name: a. Application Date: 7 August 2020 b. Date Received: 29 September 2020 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 or general (under honorable conditions). The applicant seeks relief contending, in effect, to have been on mental health medication since the age of seven. Based on the mental health condition the applicant has had since childhood until now, the applicant requests an upgrade to help battle homelessness and the cost to take of care children. b. Board Type and Decision: In a records review conducted on 05 July 2023, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 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: 13 June 2007 c. Separation Facts: (1) Date and Charges Preferred (DD Form 458, Charge Sheet): On 6 June 2006, the applicant was charged with violating Article 86, Uniform Code of Military Justice (UCMJ), for being absent without leave (AWOL) from on or about 3 January 2005 and remained absent until an unknown date. On 16 January 2007, the applicant was charged with violating Article 86, UCMJ, for being AWOL from on or about 23 September 2006 and remained absent until an unknown date. On 26 April 2007 the applicant was charged with violating Article 86, UCMJ. Specification 1: The applicant was AWOL from on or about 3 January 2005 and remained absent until on or about 9 July 2006. Specification 2: The applicant was AWOL from on or about 8 August 2006 and remained absent until on or about 18 September 2006. Specification 3: The applicant was AWOL from on or about 23 September 2006 and remained absent until on or about 10 April 2007. (2) Legal Consultation Date: 26 April 2007 (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: 30 May 2007 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 June 2004 / 8 years b. Age at Enlistment / Education / GT Score: 18 / General Educational Development Test / NIF c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 6 months, 17 days d. Prior Service / Characterizations: ARNG, 24 June 2004 - 3 February 2005 / Uncharacterized, USAR, 4 February 2005 - 13 June 2007 / UOTHC (Concurrent AWOL, dropped from rolls (DFR) and confined by civil authorities (CCA) (3 January 2005 - 19 April 2007, and excess leave (27 April 2007 - 13 June 2007) e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Seven Personnel Action forms, reflect the applicant’s duty status changed as follows: From “Present for Duty (PDY),” to “AWOL,” effective 3 January 2005. From “AWOL” to “DFR,” effective 3 February 200 Major Depressive Disorder (MDD), bipolar disorder, and Polysubstance Dependence. From “CCA” to “AWOL,” effective 8 August 2006 (applicant completed sentence and was released from Muscogee County Jail, Columbus, GA and was directed to proceed to the Special Processing Company, United States Army Personnel Control Facility, Fort Knox, KY and failed to comply). From “AWOL” to “CCA,” effective 18 September 2006. From “CCA” to “AWOL” to “DFR,” effective 23 September 2006. From “DFR” to “PDY,” effective 20 April 2007 (the applicant was apprehended by civilian authorities 0900 hours, 10 April 2007, Columbus, GA for civilian charges of bad checks and probation violation. The applicant was confined in Muscogee County Jail, Columbus, GA pending disposition of charges. On 19 April 2007, 0900 hours, the applicant appeared in court, Columbus, GA and was sentenced to 10 days in jail, Columbus, GA. On 20 April 2007, 0630 hours, the applicant completed sentence and returned to military control at Columbus, GA on 20 April 2007) (analyst notes, once notified that the applicant was CCA, the unit should have changed duty status from “DFR” to CCA,” effective 10 April 2007). From “CCA” to “PDY,” effective 20 April 2007. Orders 162-0160, dated 11 June 2007, reflect the applicant was to be reassigned to the U.S. Army Transition Point and discharged on 13 June 2007 from the U.S. Army Reserve. i. Lost Time / Mode of Return: 2 years, 3 months, 16 days (3 January 2005 - 19 April 2007 / Apprehended by Civil Authorities j. Behavioral Health Condition(s): (1) Applicant provided: New Horizons CSB mental health records reflects that the applicant first was serviced in 2014 and seen through 2019. The applicant was diagnosed with major depressive disorder, recurrent, unspecified, and other stimulant dependence, uncomplicated. The applicant has been prescribed medications for depression/anxiety and to sleep. (2) AMHRR Listed: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; New Horizons CSB mental health records. 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) 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 are 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 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 or general (under honorable conditions). The applicant’s Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. The evidence in the applicant’s AMHRR 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, in effect, to have been on mental health medication since the age of seven. Based on the mental health condition the applicant has had since childhood until now, the applicant requests an upgrade to help battle homelessness and the cost to take care of children. The applicant provided New Horizons CSB mental health records which reflects that the applicant was diagnosed with major depressive disorder, recurrent, unspecified, and other stimulant dependence, uncomplicated and prescribed medications for depression/anxiety and to sleep. 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 Board does not grant relief to assist with caring for children. 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: The applicant submitted medical records from 2014 to 2019 outlining diagnoses of Major Depressive Disorder (MDD), Bipolar Disorder, and Polysubstance Dependence. (2) Did the condition exist, or experience occur during military service? Yes. Per applicant assertion only, there were "mental health" difficulties since childhood which existed in- service. (3) Does the condition or experience actually excuse or mitigate the discharge? No. The Board's Medical Advisor applied liberal consideration and opined that there is no indication the diagnoses existed in-service contributing to the AWOLs. Rather, it is more likely than not, the applicant’s long history of drug use was involved. However, drug use is not mitigating. (4) Does the condition or experience outweigh the discharge? No. Despite the Board’s application of liberal consideration, the Board considered the opinion of the Board’s Medical Advisor, a voting member, that the available evidence did not support a conclusion that there are indication the applicant’s diagnoses existed in-service contributing to the AWOLs, but it is most likely due to the applicant’s history of drug use. However, the use of drug is not mitigating. b. Response to Contention(s): (1) The applicant requests an upgrade to honorable or general (under honorable conditions). The board considered this contention and the applicant’s request for an upgrade to honorable or general (under honorable conditions). The applicant’s Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed along with the medical opine of the Board’s Medical Advisor, a voting member, determined that there is no indication the diagnoses of Major Depressive Disorder (MDD), Bipolar Disorder existed in-service contributing to the applicant AWOLs but rather, it is more likely than not, the applicant’s long history of drug use was involved. Therefore, because there were no mitigating factors for the Board to consider and 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. 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 an upgrade of applicant’s character of service is not warranted at this time. (2) The applicant contends, in effect, to have been on mental health medication since the age of seven. The Board considered this contention and the applicant’s assertion of being on mental health medication as an adolescence during its deliberations. The applicant did not provide evidence to support the contention and based on available medical records, the applicant did not hold an in-service behavioral health diagnosis the board denied request based on the information outlined in 9a (3) and 9b (1). Thus, the characterization that the applicant received is appropriate and no change is warranted. c. The Board determined that the discharge is, at this time, proper and equitable, considering 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 of all the evidence before the Board, and there were no mitigating factors for the Board to consider, the applicant’s multiple Absent Without Leave (AWOL), the applicant voluntarily requested, in writing, a discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial and admission of guilt to the offense outweighed any potential service-related accolades. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance, 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, 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: b. Change Characterization to: No 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 AR20210006043 1