1. APPLICANT’S NAME: a. Application Date: 7 July 2015 b. Date Received: 13 July 2015 c. Counsel: Yes 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant request an upgrade of his under other than honorable conditions discharge to general, under honorable conditions. The applicant states through counsel, in effect, his wife was unfaithful with the leader of his unit. He was suffering from Post Traumatic Stress Disorder (PTSD) diagnosed post service. He desires to receive VA benefits. A records review was conducted at Arlington, VA on 5 February 2014. In a person appearance review conducted at Arlington, VA on 22 February 2016, and by a 3-2 vote, the Board denied the request upon finding the separation was both proper and equitable. This entails a grade restoration to E-3/PFC. (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: 28 September 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 September 2007 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 10 September 2007, the applicant was charged with the following offenses: Failing to go at the time prescribed to his appointed place of duty x 2 (070905 and 070907); Being disrespectful toward CPT D.J.P., his superior commissioned officer (070907); Disobeying a lawful command from CPT D.J.P., his superior commissioned officer x 2 (070905 and 070907); Willfully and wrongfully damaging a 2002 Mitsubishi Eclipse, by throwing a brick and board through the back windshield of the vehicle of T.T. (070905); While fleeing from a Military Police Vehicle, reckless drove a motor vehicle striking another vehicle (070907); Wrongfully communicating to Ms. T.M.T., a threat to injure her (070905); and Wrongfully communicating to First Lieutenant R.M. a threat to injure CPT D.J.P. (070907). (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 21 September 2007 / Under Other Than Honorable Conditions Discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 11 June 2007 / 6 years b. Age at Enlistment/Education/GT Score: 22 years / GED Certificate /NIF c. Highest Grade Achieved/MOS/Total Service: PFC / E-3 / 92A10, Automated Logistical Specialist / 2 years, 2 months and 28 days d. Prior Service/Characterizations: USAR (25 May 2005-15 June 2005) / NA ADT (16 June 2005-2 December 2005) / UNC USAR (3 December 2005-28 December 2005) / NA RA (29 December 2005-10 June 2007) / HD e. Overseas Service/Combat Service: Hawaii / SWA / Iraq (4 June 2006-4 July 2007) f. Awards and Decorations: NDSM, ICM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: MP Report, dated 5 September 2007, indicates the applicant was the subject of an investigation for communication incidents-communicating a threat, disobeying a lawful order of commanding officer, and wrongful damaging of private property-criminal property damage in the fourth degree. MP Report, dated 7 September 2007, indicates the applicant was the subject of an investigation for disobeying a lawful order of a noncommissioned officer, communicating a threat, reckless driving, duty upon striking, unsafe lane change, disregarding stop sign, disobedience to a police officer, fleeing the scene of an accident, improper left turn, simple assault, aggravated assault with a vehicle. Several negative counseling statements for various acts of misconduct. i. Lost Time: The applicant had 15 days of lost time (7 September 2007-21 September 2007). After carefully reviewing the record of evidence, the category of lost time could not be determined. j. Diagnosed PTSD/TBI/Behavioral Health: Report of Mental Status Evaluation, dated 5 July 2007, indicates the applicant met DSM-IV diagnostic criteria for an antisocial personality disorder. Despite treatment by SAC, counseling and support from his command, it was likely he would continue to have problems with social and occupational functioning. The applicant manifests a long-standing disorder of character, behavior and adaptability is of such severity so as to preclude further military service. Although not currently at significant risk for suicide or homicide, due to these lifelong patterns of maladaptive responses to routine stress, he may become potentially dangerous to self/others in the future. Medical records, dated 20 June 2012, shows the applicant had an Axis 1 diagnosis of a major depressive disorder, recurrent, moderate/severe and an anxiety disorder NOS. PTSD was ruled out. He was also having marital problems and occupational issues. He was prescribed several medications for treatment of his conditions. Medical records, dated 15 August 2012, indicates the applicant was diagnosed with chronic PTSD and a depressive disorder, not otherwise specified (NOS) with cluster B traits. The diagnosis also shows the applicant was service connected for a personality disorder. He was provided several medications for treatment of his conditions. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; letter, DAV; character statement (two pages); statement; VA Form 21-22 (Appointment of Veterans Service Organization as Claimant’s Representative); medical records (8 pages); Falls Church CSB document (three pages); and two DD Forms 214. 6. POST SERVICE ACCOMPLISHMENTS: The applicant submitted a document which indicates he is employed by the Department of Veterans Affairs at the VA hospital. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides, in pertinent part, 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. Army policy states although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 8. DISCUSSION OF ISSUE(S): The applicant request an upgrade of his under other than honorable conditions discharge to general, under honorable conditions. The applicant’s record of service, the issues and documents submitted with his 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. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. His record documents acts of significant achievement and valor; however, it did not support the issuance of a general, under honorable conditions or an honorable discharge by the separation authority. The applicant seeks relief contending, his wife was unfaithful with the leader of his unit. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention his wife was unfaithful with the leader of his unit. The applicant further contends, he was suffering from PTSD, diagnosed post service. The applicant submitted medical documents which indicates he was diagnosed with a major depressive disorder, recurrent, moderate/severe, an anxiety disorder NOS, chronic PTSD and a depressive disorder, not otherwise specified NOS with cluster B traits. The diagnosis also shows the applicant was service connected for a personality disorder. The applicant desires to receive VA benefits. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill 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 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. 9. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore Grade to: E-3/PFC AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NIF - Not in File SPCM - Special Court Martial BCD - Bad Conduct Discharge HS - High School OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 HD - Honorable Discharge OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status IADT – Initial Active Duty Training RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable SCM - Summary Court Martial ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150011958 1