1. Applicant's Name: a. Application Date: 31 December 2015 b. Date Received: 6 January 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions) or honorable. The applicant seeks relief contending, in effect, he is a veteran with almost 14 years of honorable service. In 2013, he and his wife began having marital issues and he made the bad decision to start communicating with another NCO in his battalion, who was having similar issues in her marriage, which eventually led to a sexual relationship that lasted for more than year. Once the other NCO's spouse found out about the relationship, he informed the applicant's wife, as well as the applicant's unit, which led to an investigation. The applicant states that the NCO's spouse began to taunt him, follow him around, and had a female Soldier tell the applicant's chain of command that the applicant was trying to have a relationship with her and that he was abusing his authority as an NCO. During this time, the applicant states that his wife wanted him out of the house, informing his chain of command that he had a weapon in his vehicle and that she was concerned that he may harm her or himself. In the meantime, the investigation into the SHARP allegation came back unsubstantiated; however, the applicant alleges, the Battalion CSM reopened the case and added it to the list of charges. The applicant states that due to his mental state at the time, he made some very bad decisions. Therefore, he decided to take a Chapter 10 discharge rather than an Article 15 because he did not have the confidence in his senior enlisted advisor who was friends with his spouse. During the Chapter 10 proceedings, the applicant's legal counsel informed him that his battalion and brigade commanders supported him with a general (under honorable conditions) discharge; however, the post commander did not. Since his discharge, the applicant has struggled to make ends meet. He has worked several temp agency jobs, as well as utilized his post 9/11 GI Bill. His spouse stayed with him for the sake of their children; however, the financial hardship brought on new problems. Although the applicant states he deserved to be punished, the punishment was excessive. His selfish acts has put a dent in the livelihood of his family. The applicant states that he may be a horrible husband, but he believes he was a pretty good Soldier. He receives all of his VA benefits and is rated as a 40 percent disabled veteran. Thirty percent of his disability is for depressed mood, which he still seeks counseling to help him cope with his issues. Per the Board's Medical Officer, based on the information available for review at the time, and both the electronic military records (AHLTA) and electronic VA records (JLV) were reviewed. Military records indicate that the applicant had few Behavioral Health contacts. In May 2006, he was diagnosed in theater with Adjustment Disorder with depressed mood after he cut his wrist with a knifetip "to make a point" to his wife. In June 2013, he underwent a fitness for duty evaluation and was found fit for duty. During this appointment, his PTSD screen was negative: PCL-M: 36 (50 or above is considered positive for PTSD). Review of the VA records indicates he is 40 percent service-connected. His problem list from the VA does not contain any Behavioral Health diagnosis. A VA C&P examination for Behavioral Health issues did not diagnose him with any mental disorder. Therefore, based on the information available for review at this time, the applicant does not have a mitigating Behavioral Health Disorder. In a records review conducted at Arlington, VA on 10 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: In Lieu of Trial by Court-Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 14 March 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 March 2009 / 6 years b. Age at Enlistment / Education / GT Score: 27 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-6 / 89B10, Ammunition Specialist / 13 years, 7 months, 18 days d. Prior Service / Characterizations: RA, 27 July 2000 to 19 September 2002 / HD RA, 20 September 2002 to 20 February 2006 / HD RA, 21 February 2006 to 15 March 2009 / HD e. Overseas Service / Combat Service: Alaska, SWA / Iraq (15 August 2005 to 27 November 2006 and 21 September 2008 to 20 September 2009) f. Awards and Decorations: ICM-4CS, ARCOM, AAM-4, MUC, VUA, AGCM-3, NDSM, GWOTSM, NCOPDR-2, ASR, OSR-3 g. Performance Ratings: 1 September 2009 thru 30 August 2011, Among The Best 31 August 2012 thru 31 May 2013, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 and 14 of the application. 6. POST SERVICE ACCOMPLISHMENTS: The applicant is employed and has attended college. 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 that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 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 general (under honorable conditions) or honorable. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's contentions were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs. This presumption is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity in this case and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. The applicant contends that he was having family issues that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant contends that he had good service, which included two combat tours. 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 is to be commended for his accomplishments. If the applicant desires a personal appearance, it is his responsibility to meet the burden of proof since the evidence is not available in the official record. The applicant will need to provide the appropriate documents or other evidence (i.e., discharge packet) sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 10 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 AR20160001098 1