1. Applicant's Name: a. Application Date: 4 July 206 b. Date Received: 8 July 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, his characterization of service was incorrect at the time of separation. One UCMJ action did not warrant anything but an honorable discharge. A lengthy investigation was started due to him filing a SHARP complaint against a high ranking NCO; he was found in violation of Article 92. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had no mitigating medical or behavioral health conditions for the offenses. SMs active duty electronic medical records revealed diagnoses of Depression and a Marital Problem. However, SMs behavioral health conditions are not mitigating factors for the misconduct that led to the separation action of the respondent from the Army. In a records review conducted at Arlington, VA on 25 September 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 20 April 2015 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 13 March 2015 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; on diverse occasions he failed to obey a lawful order by wrongfully using his Government Travel Credit Card to make unauthorized and improper charges; he knowingly submitted a false records; he made a false official statement; he wore unauthorized rank; and he failed to pay just debts. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 17 March 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 31 March 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 29 October 2012 / 4 years b. Age at Enlistment / Education / GT Score: 25 years / HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-4 / 15R10, AH-64 Attack Helicopter Repairer / 4 years, 2 months, 20 days d. Prior Service / Characterizations: RA, 1 February 2011 to 28 October 2012 / HD e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: AAM-4, AGCM, NDSM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, date 8 October 2014, for having knowledge of a lawful order issued by COL X, an order which it was his duty to obey, did on divers occasions fail to obey the same by wrongfully using his Government Travel Credit Card to make unauthorized and improper charges x4 between (12 June 2014 and 3 July 2014, 4 July 2014 and 7 July 2014, 8 July 2014 and 26 July 2014, 27 July 2014 and 29 July 2014); with intent to deceive, sign an official record, DA Form 31, which record was false in that the listed leave address was not where he was going, and was then known by him to be so false (9 June 2014);, with intent to deceive, submit an official record, DD Form 1610, which was false in that he had authorization for a rental vehicle, and was then known by him to be so false (30 July 2014); with intent to deceive, make to Mr. X, an official statement, to add an authorization for a hotel room, due to renovations, which statement was false in that the unit had already provided adequate billets for him, and was then known by him to be so false (9 July 2014); and, wrongfully and without authority wear upon his uniform the insignia or grade of a Corporal, such conduct being prejudicial to good order and discipline in the armed forces (27 June 2014); reduction to PFC / E-3); forfeiture of $1,017.00 pay for two months (suspended), extra duty and restriction for 45 days. He received several negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 4 February 2015, relates the applicant had Axis I, II and III medical diagnoses are documented in AHLTA in accordance with AR 40-66. The applicant was psychologically cleared for any administrative actions deemed appropriate by his chain of command. There was no indication of psychiatric disorder that would warrant consideration of medical separation. Report of Medical Examination, undated revealed the applicant was diagnosed with depression and prescribed medication for treatment. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (two pages); and a letter, Director, Case Management Division. 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 14 allows for separation for misconduct with paragraph 14-1 allowing for separating personnel because of minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absence without leave. Paragraph 14-2 states action will be taken to separate a Soldier for misconduct when it is clearly established that despite attempts to rehabilitate or develop him/her as a Soldier further effort is not likely to succeed; rehabilitation is impracticable or the Soldier is not amenable to rehabilitation. Paragraph 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 the characterization of service from general (under honorable conditions) to honorable. The applicant's record of service and the issues submitted with his application were carefully reviewed. The record confirms 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 documented pattern of misconduct, the applicant diminished the quality of his service below that meriting an honorable discharge at the time of separation. 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 have been retained on Active Duty. The applicant seeks relief contending, his characterization of service was incorrect at the time of separation. 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 characterization of the applicant's discharge is commensurate with his overall service record. The applicant further contends, one UCMJ action did not warrant anything but an honorable discharge. 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 also contends, a lengthy investigation was started due to him filing a SHARP complaint against a high ranking NCO; and he was found in violation of Article 92. The record of evidence does not support the applicant's contention. The applicant's election of rights number 6, relates that during the past 24 months, he was not a victim of sexual assault for which an unrestricted report was filed. 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 25 September 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 AR20160012669 1