1. Applicant's Name: a. Application Date: 20 June 2016 b. Date Received: 7 July 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) or honorable. The applicant seeks relief contending, in effect, as a result of his combat tour, the early birth of his son with associated stressors, adverse effects of Sleep Apnea, domestic problems, stress from job, and substance abuse to self-medicate resulted in being treated for anger management and his current UOTH discharge. He asserts that while being treated for behavioral health issues, he was charged with assault after an altercation with his brother-in-law. Records show he was receiving multiple behavioral health treatment sessions and medication for depression, including a diagnosis of Sleep Apnea, after his deployment to Afghanistan. His service mental health treatment records clinically confirms symptoms of PTSD. An upgrade would allow him to receive the behavioral health and medical help he needs. Per the Board's Medical Officer, case file, AHLTA and JLV reviewed. AHLTA indicates applicant received the following Behavioral Health diagnosis while on active duty: Adjustment Disorder, Alcohol Dependence, Amphetamine Abuse, Bereavement, Cannabis Abuse, Major Depression, recurrent, moderate, Marital Problem, Head Injury (fell against wall and hit head with reported brief LOC of few seconds, cleared medically) and Obstructive Sleep Apnea, moderate. The sleep apnea diagnosis was made approximately one month prior to his discharge from the Army. AHLTA notes indicate he was initially seen in July 2011 at which time he was being considered for Chap 14-12 discharge for having a positive UA for cocaine. He subsequently deployed. After deployment, he complained of sleep issues and anger. He screened negative for TBI and PTSD. He was diagnosed with Adjustment Disorder initially which was later changed to Major Depressive Disorder. He was treated with antidepressants. In Sep 2014, he was referred to FAP for incident of domestic violence towards his wife. In Oct 2014, he was referred to ASAP where he was diagnosed with Alcohol Dependence, Cannabis Abuse and Amphetamine Abuse. JLV contains only DOD content. Based on the information available at this time, the applicant does not have a mitigating Behavioral Health Disorder for the misconduct leading to his discharge from the Army. There is no nexus between his diagnosis of Major Depressive Disorder and Sleep Apnea and the offenses of biting, pushing or stabbing someone. Additionally, these diagnoses also do not mitigate the offenses of disobeying a lawful order or being drunk and disorderly at work. In a records review conducted at Arlington, VA on 23 August 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: 3 January 2015 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 25 November 2014, the applicant was charged with the following: Charge I: three specifications of violating Article 128, UCMJ, on 9 November 2009: Specification 1: for unlawfully biting SPC C on the arm with his teeth. Specification 2: for unlawfully pushing Ms. D-M with his hands. Specification 3: for unlawfully stabbing SPC C on the hand with a glass shard. Charge II: Violation of Article 92, UCMJ, for disobeying CPT S on 9 November 2014. Charge III: Violation of Article 134, UCMJ, for being drunk and disorderly on 9 November 2014. (2) Legal Consultation Date: 2 December 2014 (3) Basis for Separation: Pursuant to the applicant's request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date / Characterization: 18 December 2014 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 March 2011 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 106 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91F10, Small Arms / Artillery Repairer / 3 years, 10 months, 3 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: Germany, SWA / Afghanistan (25 June 2012 to 8 March 2013) f. Awards and Decorations: ARCOM; NDSM; ACM-CS; GWOTSM; ASR; OSR-2; NATOMDL; CAB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 13 September 2014, the diagnoses information is illegible, but he was cleared for administrative separation as deemed appropriate by his command. The report also indicates the applicant had self-enrolled in ASAP. Charge Sheet described at the preceding paragraph 3c(1). i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Applicant's Medical Record, dated 5 January 2014 thru 12 January 2015 show diagnoses and treatment for adjustment disorder with depressed mood and major depressive disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 20 June 2016, with self-authored statement; separation decision memoranda; DD Form 214; ERB; NATO Travel Order; deployment Orders; Security Clearance Application report and enlistment documents; medical records, dated 5 January 2014 thru 12 January 2015; and Disabled American Veterans cover letter, dated 27 June 2016. 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 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. 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 general (under honorable conditions) or honorable. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. The applicant, in consultation with legal counsel voluntarily requested, in writing, a discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense, and he indicated he understood he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veteran's benefits. The applicant contends that he was having family issues, including stresses caused by countless responsibilities and pressure affected his behavior and ultimately caused him to be discharged. Although his documentary evidence shows he sought behavioral health treatments, he had many other legitimate avenues such as the numerous Army community services like the Chaplain, Army Community and Family Support Services, and Community Counseling Center, 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's contentions regarding his behavioral health issues and that his behavioral health treatment records clinically confirms symptoms of PTSD, were carefully considered. A careful review of the documentary evidence in the applicant's record indicates the applicant had been receiving treatment for behavioral health issues symptoms, 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. 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 23 August 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160012632 5