1. Applicant's Name: a. Application Date: 21 December 2020 b. Date Received: 19 January 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, that his discharge was inequitable as he had no other discipline or adverse actions against him in his service records that also included several periods of active duty. Additionally, the reason he was discharged was for "Unsatisfactory Participation." However, during that time he was undiagnosed with PTSD, TBI, and other mental health issues due to his honorable service in support of Operation Enduring Freedom (OEF) in Afghanistan from October 2002 through August 2003. One of the many consequences of suffering from these conditions is self-isolation, avoidance of triggers, and behaviors or actions that may otherwise be out of character. Other than the period in which it is indicated that he had "Unsatisfactory Participation" he was an exemplary Soldier with impeccable service. It was not until years later that he was finally diagnosed with PTSD by the Department of Veteran Affairs in which he sought (and continue to seek) treatment. In a telephonic personal appearance hearing conducted on 16 August 2021, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (PTSD diagnosis), and post-service accomplishments. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to Honorable and changed the separation authority to AR 135-178, Chapter 14. Please see Section 10 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: Unsatisfactory Performance / Chapter 13, AR 135-178 / NA / NA / General (Under Honorable Conditions) b. Date of Discharge: 15 December 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 24 July 2006 (2) Basis for Separation: The applicant was informed of the following reason: Unsatisfactory Performance (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 November 2000 / 8 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 38A10, Civil Affairs Specialist / 6 years and 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: CAB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Memorandum for Commander US Army Reserve Command, dated 27 February 2006, which addresses Exception to Policy to Execute Streamlined Discharge of Unsatisfactory Participant in the Army Reserve and the Army National Guard. Online FedEx tracking system, dated 10 August 2006, reflects the package intended for the applicant was refused by the recipient on 27 July 2006. Memorandum for AR, GI, EPMD, Enlisted Personnel Management Branch, from L.M.S., Military Law Attorney, dated 10 October 2006, indicates the modified Notification Memorandum was sent via FedEx on 26 July 2006. The notification was returned "undeliverable" on 31 July 2006. AR G-1, had exhausted all available measures to locate the applicant IAW Memorandum, HQDA G-1 DAPE-MP, 27 February 2006, Subject: Exception to Policy to Execute Streamlined Discharge of Unsatisfactory Participants in the Army Reserve and the Army National Guard. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF; however, documents submitted by the applicant from the Department of Veterans Affairs, dated 23 March 2021, indicates the applicant has been awarded 50 percent service connected disability for post-traumatic stress disorder (also claimed as anxiety depression, nervousness, phobias, sleep disturbances due to combat and personal trauma). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; information response for enclosed documents, dated 16 June 2015; discharge orders 06-334-00014, dated 30 November 2006; order for award of the combat action badge; memorandum for commander reference "Exception to Policy to Execute Streamline Discharge of Unsatisfactory Participants in the Army Reserve and the Army National Guard;" Notice of Separation Proceedings under AR 135-178, Chapter 13 of the applicant; summary of benefits from the Department of Veterans Affairs, dated 11 December 2020; education transcript (Bachelor of Science, Nursing) to include certificates or completion and accomplishment. 6. POST SERVICE ACCOMPLISHMENTS: The applicant provided documents which indicate he is pursuing post-service education for a Bachelor of Science, Nursing. 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), dated 25 September 2019, sets forth the policies and procedures under which the Army Discharge Review Board is authorized to review the character, reason, and authority of any Service-member discharged from active military service within 15 years of the Service-member's date of discharge. Additionally, it prescribes actions and composition of the Army Discharge Review Board under Public Law 95-126; Section 1553, Title 10 United States Code; and Department of Defense Directive 1332.41 and Instruction 1332.28. d. Army Regulation 135-178 prescribes the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard of the United States (ARNGUS) and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. Readiness is promoted by maintaining high standards of conduct and performance. (1) Paragraph 2-9a prescribes an honorable characterization 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. (2) Paragraph 2-9b, prescribes, if a Soldier's service has been honest and faithful, it is appropriate to characterize that service as general (under honorable conditions). Characterization of service as general (under honorable conditions) is warranted when significant negative aspects of the Soldier's conduct or performance of duty outweigh positive aspects of the Soldier's military record. (3) Chapter 3-23 (Section IV), states, if separation proceedings under this chapter have been initiated against a Soldier confined by civil authorities, the case may be processed in the absence of the respondent. (4) Chapter 13, provides in pertinent part, that individuals can be separated for being an unsatisfactory participant. Soldier is subject to discharge for unsatisfactory participation when it is determined that the Soldier is unqualified for further military service because: The Soldier is an unsatisfactory participant as prescribed by AR 135-91, chapter 4; Attempts to have the Soldier respond or comply with orders or correspondence. (5) Paragraph 13-3, prescribes the service of Soldiers separated under this chapter will be characterized as honorable or under honorable conditions as determined under chapter 2, section III, unless an uncharacterized description of service is warranted under paragraph 2-11. (6) Chapter 14, provides explicitly for separation under the prerogative of the Secretary of the Army. Secretarial plenary separation authority is exercised sparingly and seldom delegated. Ordinarily, it is used when no other provision of this regulation applies, and early separation is clearly in the Army's best interest. Separations under this paragraph are effective only if approved in writing by the Secretary of the Army or the Secretary's approved designee as announced in updated memorandums. Secretarial separation authority is normally exercised on a case-by-case basis. 8. DISCUSSION 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 indicates separation action was initiated against the applicant for Unsatisfactory Performance. As a result of the Exception to Policy to Execute Streamlined Discharge of Unsatisfactory Participants in the army Reserve and the Army Nation Guard, dated 27 February 2006, the applicant was discharge with a characterization of service of general (under honorable conditions). The applicant seeks relief contending that his discharge was inequitable as he had no other discipline or adverse actions against him in his service records that also included several periods of active duty. Additionally, the reason he was discharged was for "Unsatisfactory Participation." However, during that time he was undiagnosed with PTSD, TBI, and other mental health issues due to his honorable service in support of Operation Enduring Freedom (OEF) in Afghanistan from October 2002 through August 2003. One of the many consequences of suffering from these conditions is self-isolation, avoidance of triggers, and behaviors or actions that may otherwise be out of character. Other than the period in which it is indicated that he had "Unsatisfactory Participation" he was an exemplary Soldier with impeccable service. It was not until years later that he was finally diagnosed with PTSD by the Department of Veteran Affairs in which he sought (and continue to seek) treatment. The applicant's contentions were noted; the applicant's in-service record contains no evidence of Post-Traumatic Stress Disorder diagnosis. However, the independent medical documents submitted by the applicant from the Department of Veterans Affairs does indicate the applicant has been awarded 50 percent service connected disability for post-traumatic stress disorder (also claimed as anxiety depression, nervousness, phobias, sleep disturbances due to combat and personal trauma). 9. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): N/A b. The applicant presented the following additional contention(s): Applicant provided oral argument and statements in support of the contentions provided in written submissions and in support of previously submitted documentary evidence. c. Counsel / Witness(es) / Observer(s): N/A 10. 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. Applicant has been diagnosed with PTSD related to combat. (2) Did the condition exist or experience occur during military service? Yes. VA service connection establishes that the applicant's PTSD began during his military service. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. As there is an association between PTSD and avoidant behavior, there is a nexus between his diagnosis of PTSD and his discharge for unsatisfactory performance for failure to attend drills. (4) Does the condition or experience outweigh the discharge? Yes. The weight of the applicant's condition, PTSD, outweighs the discharge and an upgrade is warranted. b. The applicant seeks relief contending that his discharge was inequitable as he had no other discipline or adverse actions against him in his service records that also included several periods of active duty. Additionally, the reason he was discharged was for "Unsatisfactory Participation." However, during that time he was undiagnosed with PTSD. The Board determined that this contention was valid and determined that an upgrade was warranted. c. The Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, the circumstances surrounding the discharge (PTSD diagnosis), and post-service accomplishments. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because it focused on medical mitigation of PTSD for avoidant behaviors and applicant's honest testimony, accepting responsibility for his actions. Thus the prior characterization is no longer appropriate. (2) As there were no Reasons/SPD Codes/RE-codes listed on the applicant's discharge paperwork, due to being in the Army Reserves, no upgrade actions are required for these items. 11. BOARD ACTION DIRECTED: a. Issue a New Separation Order: Yes b. Change Characterization to: Honorable c. Change Authority to: AR 135-178, Chapter 14 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 AR20210006363 7