1. Applicant's Name: a. Application Date: 18 February 2016 b. Date Received: 23 May 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 general (under honorable conditions). The applicant seeks relief contending, in pertinent part and in effect, referred to the statement of his psychotherapist, which provided a summary of the applicant's behavioral health condition and treatment, including a history of the applicant's service and combat tours. The therapist states the applicant is constantly experiencing significant and disruptive PTSD symptoms, and that his assaulting his spouse, an assault charge, for which he served time in jail was very likely a result of the PTSD symptoms. He was diagnosed with a significant impairment from PTSD and it being undiagnosed at the time of his discharge may have impacted the conditions of his discharge. He served honorably during and after all his deployments, and it was not until after the fifth deployment that his symptoms overwhelmed his ability to act in a rational manner to disturbing circumstances with his spouse. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have mitigating medical or behavioral health conditions for the offenses which led to his separation from the Army. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records notes 19 problems (all from DoD). The Veterans Affairs has not service-connected the applicant. In a records review conducted at Arlington, VA on 7 July 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 (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 27 March 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 July 2014 (2) Basis for Separation: The applicant unlawfully struck his spouse in the face with his fists on 14 May 2014. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 21 August 2014 (5) Administrative Separation Board: 23 January 2015 / Under Other Than Honorable Conditions (6) Separation Decision Date / Characterization: 5 March 2015 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 November 2013 / Indefinite b. Age at Enlistment / Education / GT Score: 30 / GED / 105 c. Highest Grade Achieved / MOS / Total Service: E-6 / 88M1P, Motor Transport Operator / 14 years, 1 month, 18 days d. Prior Service / Characterizations: USMC (11 January 1999 to 6 August 2007) / HD (Break in Service until 22 October 2008) RA (23 October 2008 to 21 March 2012) / HD RA (22 March 2012 to 24 November 2013) / HD e. Overseas Service / Combat Service: SWA / Afghanistan (30 August 2009 to 30 August 2010), (28 February 2012 to 8 September 2012) (Note the applicant had two previous deployments in Iraq during his service with USMC.) f. Awards and Decorations: PH; ARCOM; AAM-3; AGCM-2; MCGCM-2; NDSM; ICM- CS; ICM; GWOTEM; GWOTSM; AFEM; HSM; NCOPDR; ASR; OSR-2; NRSS-2S; EXP MDL- MC; SSDR-2S; NATO MDL; CAB; CAR; NUC; NMUC; VUA g. Performance Ratings: One NCOER rendered during period under current review: 21 August 2013 thru 30 August 2014, RFC, Marginal h. Disciplinary Action(s) / Evidentiary Record: Report of Proceedings by Board of Officers indicate that the administrative separation board that convened on 23 January 2015, found the applicant did unlawfully strike his wife on 14 May 2014, and recommended his separation from the service with an under other than honorable conditions characterization of service. DA Form 4187, dated 14 May 21014, shows the applicant's duty status changed from "Present for Duty" to "Confined Civilian Authority," effective 14 May 2014. i. Lost Time / Mode of Return: 316 Days (Civil Confinement: 14 May 2014 to 26 March 2015) / confinement continued after discharge j. Diagnosed PTSD / TBI / Behavioral Health: The applicant's documentary evidence shows an Axis I diagnosis of "Post Traumatic Stress Disorder, Chronic," and Axis IV as "problems with social environment (irritation disrupting social interactions), other psychological and environmental problems (exposure to war, serving jail sentence), chronic disturbances of sleep." 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 18 February 2016; Psychotherapist letter, dated 10 May 2016; Appointment of Veterans Service Organization as representative, dated 28 January 2016; and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 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). The applicant's record of service, and 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. By the incidents of serious misconduct, the applicant knowingly risked a military career and marred the quality of his service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that the applicant's service mitigated the misconduct or poor duty performance, such that he should have been retained on Active Duty. The applicant's contentions regarding his behavioral health issues which involved having a significant impairment from PTSD and his PTSD symptoms being undiagnosed at the time of his discharge, were carefully considered. A careful review of the record and the applicant's documentary evidence indicates the applicant's behavioral health issues along with notable service-connected post-traumatic stress disorder symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, including his honorable service during and after all of his deployments, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. 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 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 7 July 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 Authority 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 AR20160009838 5