1. Applicant's Name: a. Application Date: 9 August 2020 b. Date Received: 14 August 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. The applicant seeks relief contending, in effect, the misconduct which led to the separation was an isolated incident. The applicant informed the command of the issue but was unable to received help. The applicant regrets abandoning the post and realizes better decisions could have been made. The applicant had honorable service, including a deployment to Iraq. After discharge the applicant began to work as a Real Estate Professional in Texas. b. Board Type and Decision: The Board carefully considered the: applicant's request, supporting documents, evidentiary record, medical review, and published Department of Defense guidance for liberal consideration of discharge upgrade requests. The Board (vote of 5- 0) concurred with the medical advisor that the BH conditions (anxiety/stress-related trauma) do mitigate/provide a nexus for the misconduct of going AWOL. The Board also considered the applicant's overall service record (length, quality, combat, post-service accomplishments) and voted (vote of 5-0) to upgrade the discharge to honorable with an SPD/narrative reason of JKN (minor infractions). 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 Authority 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 22 July 2013 c. Separation Facts: (1) DD Form 458 (Charge Sheet): Charge Sheet, dated, 7 June 2013, reflects the applicant did on or about 8 March 2012, without authority, was absent from the unit and did remain absent until on or about 3 June 2013. (2) Legal Consultation Date: 7 June 2013 (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: 15 July 2013 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 November 2007 / 6 years, 21 weeks b. Age at Enlistment / Education / GT Score: 22 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 13B1P, Cannon Crewmember / 4 years, 5 months, 7 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany, Korea, SWA / Iraq (27 May 201 - 23 November 2010) f. Awards and Decorations: ARCOM, AAM, AGCM, NDSM, KDSM, ICM-CS, ASR, OSR- 3 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: See Charge Sheet as described in item 3c (1). i. Lost Time / Mode of Return: AWOL X 1, 462 days (8 March 2012 - 2 June 2013) / Surrendered to the military authorities. j. Behavioral Health Condition(s): (1) Applicant provided: None (2) AMHRR Listed: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, personal statement, letters of support-4, DD Form 214, College Transcript, University Acceptance letter, Texas Real Estate Commission Certificate of License History, Honor Society Certificate 6. POST SERVICE ACCOMPLISHMENTS: The applicant owns a Real Estate business which teaches Soldiers about financial literacy and the value of real estate. 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 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 are normally 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. 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 Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. The applicant contends the misconduct which led to the separation was an isolated incident and the applicant informed the command of the issue but was unable to received help. The applicant regrets abandoning the post and realizes better decisions could have been made. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant had honorable service, including a deployment to Iraq. The Board will consider the applicant's service accomplishments and the quality of service according to the DODI 1332.28. 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/experiences: Anxiety DO NOS, Unspecified Trauma, and Stressor-Related DO. (2) Did the condition exist, or experience occur during military service? Yes. The Board's Medical Advisor determined that the medical condition or experience existed or was diagnosed during military service. (3) Does the condition or experience excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that the applicant the applicant has two mitigating behavioral health conditions. Given the association between trauma-related disorders, TBI and avoidant behaviors, there is a nexus between these conditions and his extended period of being absent without leave. (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. As a result, the ADRB applied liberal consideration and found that the applicant's length, quality, combat service, post accomplishment, PTSD, OBH and TBI outweighed the misconduct. b. Response to Contention(s): (1) The requests an upgrade to honorable. The Board considered this contention and determined that the applicant's length, quality, combat service, post accomplishment, PTSD, OBH and TBI outweighing the applicant's misconduct because there is a nexus between these conditions and the applicant's going AWOL. Thus, an upgrade of the characterization of service and narrative reason for separation code is warranted. (2) The applicant contends the misconduct which led to the separation was an isolated incident and the applicant informed the command of the issue but was unable to received help. In accordance with Army Regulation 635-200, 3-5c, in pertinent part, stipulates circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. Nevertheless, the board voted that relief was warranted based on other circumstances as outlined above in 9a (3-4) and 9b (1) of this document. (3) The applicant regrets abandoning the post and realizes better decisions could have been made. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted being granted as detailed in paragraphs 9a (3-4) and 9b (1) of this document. c. The Board determined the discharge is inequitable based on the applicant's serious TBI, PTSD and OBH mitigating the applicant's absent without leave. However, the applicant may (if desired) request a personal appearance hearing to address further issues before the Board. The applicant is responsible for satisfying the burden of proof and providing documents or other evidence sufficient to support any contention(s). d. Rationale for Decision: (1) The Board carefully considered the: applicant's request, supporting documents, evidentiary record, medical review, and published Department of Defense guidance for liberal consideration of discharge upgrade requests. The Board (vote of 5-0) concurred with the medical advisor that the BH conditions (anxiety/stress-related trauma) do mitigate/provide a nexus for the misconduct of going AWOL. The Board also considered the applicant's overall service record (length, quality, combat, post-service accomplishments) and voted (vote of 5-0) to upgrade the discharge to honorable with an SPD/narrative reason of JKN (minor infractions). (2) The Board voted to change the reason for discharge to Misconduct (Minor Infractions) under the same pretexts. The reason for discharge is no longer appropriate. The SPD code associated with the new reason for discharge is JKN. (3) The RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation. 2. BOARD ACTION DIRECTED: c. Issue a New DD-214 / Separation Order: Yes d. Change Characterization to: Honorable e. Change Reason / SPD code to: Misconduct (Minor Infractions)/JKN f. Change RE Code to: No Change g. Change Authority to: AR 635-200, paragraph 14-12a 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 AR20210007230 1