1. Applicant's Name: a. Application Date: 15 November 2015 b. Date Received: 18 November 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, he believes the means by which his discharge was achieved to be improper. Additionally, he believes his extension beyond his ETS to have been attained with misleading information. His former Trial Defense Counsel recommended that the applicant petition for an upgrade to his discharge. His discharge has caused great hardship due to the fact that he is the recipient of two different discharge certificates, which are both on file in his service record. The two documents makes it nearly impossible for him to attain VA benefits, as the VA treats each DD Form 214 as a separate period of service and does not know how to proceed. Per the Board's Medical Officer, based on the information available for review at the time, his criminal offenses as described in the available record are not of the kind that merit mitigation by PTSD or other mental-health conditions. The applicant was treated as a first time offender under Georgia law, and sentenced to ten years of probation. This is the kind of premediated, intentional criminality that is not mitigated by PTSD or other psychiatric conditions. Finally, in his pre-discharge Mental Status Exam on 20 January 2015, he was negative on screens for PTSD and TBI. He was also judged by the examiner to know right from wrong, be able to participate in administrative proceedings, and to meet medical retention standards and not qualify for a Medical Retention Board. In a records review conducted at Arlington, VA on 29 March 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Civil Conviction) / AR 635-200 / Chapter 14, Sec II / JKB / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 9 March 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 12 January 2015 (2) Basis for Separation: The applicant was found guilty of four counts of invasion of privacy, Official Code of Georgia Annotated (OCGA) §16-11-62, in the Superior County of Chatham County, Georgia on 28 March 2014. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 12 January 2015 (5) Administrative Separation Board: On 2 February 2015, the applicant was notified to appear before an Administrative Separation Board and advised of his rights. The administrative board proceedings are not in the service record. On 6 February 2015, the intermediate commander recommended denial of the applicant's conditional waiver. The memorandum reflects the applicant conditionally waived consideration of his case before an administrative separation board, contingent upon him receiving a characterization of service no less favorable than general (under honorable conditions) discharge. The conditional waiver was not in the service record. (6) Separation Decision Date / Characterization: 26 February 2015 / General (Under Honorable Conditions) (Note: In the separation decision memorandum, the separation authority responded to the applicant's defense counsel's challenge to retain the applicant past his ETS. The separation authority indicated that he requested a waiver to extend the applicant beyond his ETS based on the seriousness of the crime supporting his conviction and without respect to ALARACT 035/2014, requiring separation action.) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 December 2008 / 6 years (Note: On 9 December 2014, the separation authority requested a waiver of AR 635-200, paragraph 1-26, from the Army G-1, to retain the applicant beyond his ETS. On 9 December 2014, the Army G-1 SGM, emailed the separation authorities' Judge Advocate's office to inform him the Army G-1 approved the exception to retain the applicant beyond his ETS. On 10 December 2014, the Army G-1, approved the waiver and extended the applicant on Active Duty for 90 days from the approval date to allow the applicant's command to initiate and complete the processing of and administrative separation of the applicant.) b. Age at Enlistment / Education / GT Score: 25 / Associate's Degree / 120 c. Highest Grade Achieved / MOS / Total Service: E-7 / 13F40, Fire Support Specialist / 14 years, 4 months, 22 days d. Prior Service / Characterizations: RA, 23 August 2001 to 29 October 2005 / HD RA, 30 October 2005 to 9 December 2008 / HD e. Overseas Service / Combat Service: SWA / (see below) Afghanistan: 26 September 2002 to 31 January 2003 4 November 2003 to 28 January 2004 6 January 2005 to 20 February 2005 1 October 2008 to 1 February 2009 24 August 2009 to 16 December 2009 6 July 2010 to 26 July 2010 25 August 2010 to 21 October 2010 9 December 2012 to 15 July 2013 Iraq: 10 March 2003 to 29 April 2003 3 April 2004 to 20 May 2004 5 October 2005 to 6 October 2006 4 June 2006 to 5 October 2006 7 April 2007 to 4 July 2007 4 January 2008 to 2 March 2008 f. Awards and Decorations: ACM-4CS, JSCM-2, ARCOM-3, AAM-3, JMUA, PUC, AGCM-4, NDSM, GWOTSM, ICM-4CS, NCOPDR-3, ASR, NATOMDL, CAB g. Performance Ratings: 1 September 2008 thru 21 January 2011, Among The Best 21 January 2011 thru 10 July 2013, Among The Best 11 July 2013 thru 10 July 2014, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Superior Court of Chatham County, State of Georgia, Final Disposition Felony Sentence with Probation, dated 28 March 2014, reflects the following charges, disposition and sentences: Four counts of Invasion of Privacy OCGA 16-11-62; Guilty on all counts; Sentenced to 5 years on count 1, to serve 12 days incarceration and the remaining time on probation; and, sentenced to 5 years of probation on the remaining counts. Probation on all counts was concurrent. The applicant was sentenced to a total of 10 years, with the first 12 days to be served in confinement and the remainder to be served on probation. Two Developmental Counseling Forms for initiation of separation action and for a removal of a FLAG. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: An extract of the applicant's Mental Health Record, dated 21 November 2014, reflects the applicant was receiving treatment for PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200, Chapter 1-26, Retention for miscellaneous reasons: Retention beyond a Soldier's ETS to process administrative separation proceedings pursuant to this regulation is not authorized. If it is desirable to retain a Soldier beyond the ETS for any reason other than those covered by paragraphs 1-21 through 1-24 [see below], request for approval of such action must be submitted to Headquarters, Department of the Army. Paragraph 1-21, Time lost to be made good. Paragraph 1-22, When investigation is initiated with view to trial by court-martial or Soldier is awaiting trial or result of trial. Paragraph 1-23, En route to United States or to territory of origin. Paragraph 1-24, Medical/dental care required or sick in hospital when period of service expires. Army Regulation 635-200, Chapter 1-29, reflects the discharge of a Soldier is effective at 2400 on the date of notice of discharge to the Soldier. Notice of discharge may be either of the following: Actual - as by delivery to the Soldier of the discharge certificate. Constructive - when actual delivery of the discharge order cannot be accomplished because of the absence of the Soldier to be discharged. Army Regulation 635-200, Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members' discharges. "Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre- existing conditions which are determined not to have been incurred or aggravated while in military service." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that he should be retained on active duty. The applicant contends his extension beyond his ETS was improper. However, the separation authority requested an exception through the Army G-1 as outlined in the governing regulation. The exception was approved on the 9 December 2014, which was the same day the applicant was initially given his discharge from the Army. Insomuch as the exception was approved, albeit verbal, before 2400 hours on 9 December 2014, the action was consistent with the governing regulation. Further, 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 character of the applicant's discharge is commensurate with his overall service record. The applicant contends that he is the recipient of two different discharge certificates for the same period, which has caused him great hardship. However, the applicant's requested change to the DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. 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 DETERMINATION: In a records review conducted at Arlington, VA on 29 March 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD / RE Code to: No Change e. Restore (Restoration of) Grade to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150018933 5