1. Applicant's Name: a. Application Date: 6 January 2022 b. Date Received: 26 January 2022 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, enlisting at age 17, the applicant was deployed to Iraq a few months after arriving at the unit of assignment. The applicant realized not being prepared to experience war. The applicant went from being a child full of life to being 18 years of age, witnessing loss of lives. The applicant tried pretending the experiences in deployment were not affecting the applicant, knowing the expectations of the Army. The applicant could no longer hold it together mentally. The applicant asked for help, but nobody would help. The applicant was diagnosed with an adjustment disorder while deployed and PTSD shortly after returning from Iraq. The applicant attempted suicide after having felt no one understood. Eventually, the applicant went AWOL to seek help. The applicant received a discharge characterization of under other than honorable conditions and was informed the discharge would be upgraded after six months. Medical progress notes, dated 29 July 2008, indicates the applicant's mental health issues were related to combat operations and the stress reactions caused by battle injury and illness. b. Board Type and Decision: a telephonic personal appearance hearing conducted on 17 October 2022, and by a 5 - 0 vote, the Board determined that the characterization of service was inequitable based on the applicant's the circumstances surrounding the discharge (OBHI and PTSD diagnoses). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to General, Under Honorable Conditions. Please see Section 10 for PA 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: 7 October 2009 c. Separation Facts: (1) Date and Charges Preferred (DD Form 458, Charge Sheet): On 8 September 2009, the applicant was charged with: Charge I: Violating Article 86, UCMJ, for being AWOL from the unit: Specification 1: on 3 February 2009 and remained absent until 24 February 2009. Specification 2: on 19 May 2009 and remained absent until 2 September 2009. Charge II: Violating Article 128, UCMJ, for committing an assault upon: Specification 1: SGT M. W. by running towards the sergeant while brandishing dangerous weapons likely to produce death or grievous bodily harm, to wit: two knives, on 1 April 2009. Specification 2: SSG T. A. by running towards the sergeant while brandishing dangerous weapons likely to produce death or grievous bodily harm, to wit: two knives, on 1 April 2009. (2) Legal Consultation Date: 9 September 2009 (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: 29 September 2009 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 January 2007 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 17 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / 88M10, Motor Transport Operator / 2 years, 4 months, 13 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (10 August 2007 - 24 September 2008) f. Awards and Decorations: ARCOM, NDSM, ICM-AH, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Developmental Counseling Forms for acts of misconduct. Four Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 3 February 2009. From "AWOL" to "PDY," effective 24 February 2009. From "PDY" to "AWOL," effective 19 May 2009. From "AWOL" to "Dropped From Rolls (DFR)," effective 18 June 2009. Military Police Report, dated 7 April 2009, reflects the applicant was apprehended for aggravated assault, communicating a threat, damage to private property, and suicidal gestures. Charge sheet as describe at previous paragraph 3c. i. Lost Time / Mode of Return: 130 days (AWOL, 3 February 2009 - 24 February 2009 for 22 days, and 19 May 2009 - 3 September 2009 for 108 days) / Applicant returned to the unit at each occurrence. j. Diagnosed PTSD / TBI / Behavioral Health: An inpatient psychiatry memorandum, dated 13 March 2009, reflects the applicant being hospitalized from 6 March to 13 March 2009, for anxiety and depression. The subsequent diagnoses were Axis I: Anxiety disorder NOS and Polysubstance abuse, Axis II: Antisocial traits. The applicant a copy of medical treatment documents, dated 29 July 2009, indicate the applicant being treated for chronic post-traumatic stress disorder following military combat, insomnia disorder related to another mental disorder, and recurrent depression, including adjustment disorder with disturbance of emotions and conduct, and with anxiety and depressed mood. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; medical documents, dated January 2008, July 2008, and November 2008; and self-authored statement. Additional evidence contains medical documents. 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 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) Chapter 15 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 memoranda. Secretarial separation authority is normally exercised on a case-by-case basis. 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-3 Applies to: Person who is not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waiverable. Eligibility: Ineligible unless a waiver is granted. 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 Resource Record (AMHRR) record of service, the issues and documents submitted with the application were carefully reviewed. The evidence of 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 having behavioral health issues, which resulted from the experiences during deployment in Iraq, and having been diagnosed with an adjustment disorder while deployed in Iraq and PTSD shortly after returning from Iraq. The applicant provided several medical documents indicating a diagnosis of the adjustment disorder while deployed in Iraq and PTSD. The AMHRR does not show the applicant underwent a mental status evaluation (MSE). The applicant contends being informed the discharge would be upgraded after six months. However, the US Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant submits a DD Form 293 requesting a change in discharge. Changes may be warranted if the Board determines the characterization of service or the reasons for discharge, or both, were improper or inequitable. The AMHRR 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. 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): Updated mailing address. 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): None. 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. 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 the following diagnoses or experiences which can, under certain circumstances, potentially mitigate or excuse misconduct leading to separation: The applicant held in-service diagnoses of Adjustment Disorder, PTSD, Alcohol Dependence, Depression, Bipolar Disorder NOS, Anxiety Disorder NOS, Polysubstance Abuse, and Antisocial Personality traits. The applicant holds post-service diagnoses of PTSD related to combat, Major Depressive Disorder, Anxiety and Depressive Disorder NOS, Stimulant and Alcohol Disorders, and Borderline Personality Disorder. (2) Did the condition exist or experience occur during military service? Yes. The applicant held in-service diagnoses of Adjustment Disorder, PTSD, Alcohol Dependence, Depression, Bipolar Disorder NOS, Anxiety Disorder NOS, Polysubstance Abuse, and Antisocial Personality traits. (3) Does the condition or experience excuse or mitigate the discharge? Partially. The Board's Medical Advisor applied liberal consideration and opined that given the nexus between trauma and avoidance, the AWOLs are mitigated. However, running towards leadership while brandishing dangerous weapons likely to produce death or grievous bodily harm is not mitigated as records do not support the applicant was experiencing a trauma reaction resulting in the misconduct. Moreover, after the MPs took custody, the applicant had the wherewithal to inform the MPs that he had taken several pills leading to the ER visit, complete an interview by the behavioral health provider in the ER, and provider's mental status exam reflects intact cognitive functioning. (4) Does the condition or experience outweigh the discharge? Yes. Based on liberally considering all the evidence before the Board, the ADRB determined that the condition or experience partially outweighed the basis of separation. b. Response to Contention(s): (1) The applicant contends having behavioral health issues, which resulted from the experiences during deployment in Iraq, and having been diagnosed with an adjustment disorder while deployed in Iraq and PTSD shortly after returning from Iraq. The Board determined this contention was valid after review of the applicant's DOD and VA health records. It revealed the applicant was diagnosed in service with PTSD and OBHI. Therefore, the Board voted to grant relief in the form of an upgrade in characterization to General, Under Honorable Conditions. (2) The applicant contends being informed the discharge would be upgraded after six months. 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 and OBHI partially outweighing the applicant's basis for separation. c. Most of the Board determined the characterization of service was inequitable based on the applicant's the circumstances surrounding the discharge (OBHI and PTSD diagnoses). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to General, Under Honorable Conditions. 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 to change the applicant's characterization of service to General, Under Honorable Conditions because the applicant's PTSD and OBHI mitigated the applicant's misconduct of AWOL; however, it did not mitigate the brandishing of knives toward leadership. Thus, the prior characterization of UOTH is no longer appropriate as the applicant's military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. (1) The Board voted not to change the applicant's reason for discharge or accompanying SPD code, as the reason the applicant was discharged was both proper and equitable. The applicant did voluntarily request a discharge in lieu of Courts Marital for an unmitigated charged offense. (2) The RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation. 11. Board Action Directed: a. Issue a New DD-214: 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 AR20220004506 1