1. Applicant's Name: a. Application Date: 6 December 2015 b. Date Received: 11 January 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he served seven years and ten months, two enlistments of faithful and spotless service. When the applicant returned from deployment, he began slipping into a deep depression. He sought help from behavioral health and that is when the psychologist determined he may have mild PTSD and prescribed him sleeping pills, along with antidepressants. The applicant had never been in trouble before and thought he would have at least been given another chance. With the exception of that one lapse in judgment, he never had any negative action. The applicant additionally contends, he took a can of ammo as a souvenir and was scared to return it, knowing what he had done was wrong. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has submitted an undated Psychological Evaluation from AD Baden, PhD which diagnoses the applicant with PTSD related to his combat experiences. Neither PTSD, Depression, Anxiety nor Adjustment Disorder are mitigating for the offenses of larceny (stealing ammunition valued at $364.80 from government), trying to sell the stolen property or lying to a CID agent. In a records review conducted at Arlington, VA on 3 May 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: In Lieu of Trial by Court Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 2 April 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated 3 January 2014, reflects the applicant was charged with violation of the UCMJ, Articles 121, 80, and 107. (2) Basis for Separation: The applicant was informed of the following reasons: Charge I: Violation of the UCMJ, Article 121, Larceny and wrongful appropriation Charge II: Violation of the UCMJ, Article 80, Attempts Charge III: Violation of the UCMJ, Article 107, False official statements (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 28 January 2014 (5) Separation Decision Date/Characterization: 24 February 2014 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 April 2011 / NIF / the document extending the applicant's service until his separation date is not contained in the file. However, his Enlisted Record Brief reflects his Expiration Term of Service as (26 March 2014). b. Age at Enlistment / Education / GT Score: 22 / GED / 116 c. Highest Grade Achieved / MOS / Total Service: E-5 / 15J10, OH-58D Armament, Electrical, Avionics Systems Repairer / 8 years, 2 months, 27 days d. Prior Service / Characterizations: RA, 4 January 2006 to 23 April 2011 / HD e. Overseas Service / Combat Service: Korea, SWA / Afghanistan (12 March 2009 to 12 October 2009 and 26 April 2011 to 7 October 2011) f. Awards and Decorations: ARCOM, AAM-2, AGCM-2, NDSM, ACM-CS, GWOTSM, KDSM, NCOPDR, ASR, OSR, NATOMDL, CAB g. Performance Ratings: 1 September 2012 thru 7 November 2013, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: CID Report of Investigation, dated 24 October 2013, reflects the applicant was the subject of an investigation for making a false statement and larceny of government property. i. Lost Time / Mode of Return: 1 day (NIF, 25 April 2012 to 26 April 2012) / unknown j. Diagnosed PTSD / TBI / Behavioral Health: Psychological evaluation, undated, reflects the applicant met the criteria for PTSD diagnosis. The evaluation further revealed that the data of this evaluation cannot, of course, demonstrate whether the applicant was suffering from initial symptoms of PTSD at the time of his mental health treatment in the Army or at the time of his demotion and discharge with a characterization of service of under other than honorable conditions. 5. APPLICANT-PROVIDED EVIDENCE: Online application; honorable discharge certificate; oath of reenlistment; DD form 214; promotion certificate; ARCOM certificate; two AAM certificates; Golden Spur Certificate; AGCM; certificate of appreciation; certificate of achievement; and WLC Certificate: PTSD document, psychological evaluation (seven pages). 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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, 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. 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. AR 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. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4. 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." "Conditions documented in the 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 PTSD or PTSD related conditions 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 under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD or PTSD-related conditions as a causative factor 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. Correction Boards will also exercise caution in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to honorable and a change to the narrative reason for separation. 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 several acts of significant achievement, valor and combat duty; however, it did not support the issuance of an honorable or a general discharge by the separation authority at the time of discharge. The applicant requested a change to the narrative reason for separation. AR 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. The regulation further stipulates that no deviation is authorized. The applicant contends that he served seven years and ten months, two enlistments of faithful and spotless service. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant further contends, he returned from deployment and began slipping into a deep depression, he sought help from behavioral health; where the psychologist determined he might have mild PTSD, prescribed sleeping pills and antidepressants. The service record contains no evidence of PTSD diagnosis; however, the applicant submitted a post service independent psychological evaluation, which revealed that he met the criteria for PTSD diagnosis. AR 635-200, paragraph 10-6, states a medical examination is not required but may be requested by the applicant under AR 40-501, chapter 8. The record of evidence does show that the applicant requested a mental or medical examination prior to his discharge. The applicant also contends, he had never been in trouble before and thought he would at least be given another chance; and with the exception of that one lapse in judgment, he never had any sort of negative action. The service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. The applicant additionally contends, he took a can of ammo as a souvenir and was scared to return it, knowing what he had done was wrong. The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain and other resources available to all Soldiers. Likewise, he has provided no evidence that he should not be held responsible for his misconduct. 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 3 May 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 AR20160000355 5