1. Applicant's Name: a. Application Date: 5 July 2016 b. Date Received: 26 August 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, he was discharged after the first 180 days of military service. He was set up for an honorable discharge after he injured his right knee during basic training. He was hospitalized for approximately one week in February or March 2003. He was immediately sent to physical therapy a rehabilitation program and from there he underwent several daily physical therapy sessions for several months. After his therapy, his doctors stated that his injury was permanent and there was no further rehabilitation needed. He does not request an honorable discharge, because he already had the paperwork in place to receive an honorable discharge due to his knee injury prior to his discharge. He states that he made an unfortunate decision to get involved in an altercation. A friend of his was being assaulted and the applicant stepped in and ended the fight. He still regrets his uneducated actions and is sorry to have disrespected the United States Army, the country and himself. He desires the upgrade to allow him eligibility for benefits. If granted an upgrade he would be able to improve his way of life physically and financially for his family. In a record review hearing conducted at Arlington, VA, on 27 February 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, 27, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 24, characterization changed to general under honorable conditions b. block 25, separation authority changed to AR 635-200, paragraph 14-12c, c. block 26, separation code changed to JKQ, d. block 28, narrative reason for separation changed to Misconduct (Serious Offense). (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct / AR 635-200 / Chapter 14-12c (1) / JKD / RE-3 / Uncharacterized b. Date of Discharge: 7 August 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 July 2003 (2) Basis for Separation: Under the provisions of AR 635-200, Chapter 14-12c, Commission of a Serious Offense, the applicant was informed of the following reasons: On or about 26 May 2003, he was disrespectful to his company commander by lying; On or about 27 May 2003, he attempted to unlawfully separate from the US Army by going to mental health and falsely stating that his wife had given birth to a still born son, which was false in that he was not married; From 2 May 03 to 27 May 2003, he malingered by feigning mental illness; and, On or about 6 July 2003, he assaulted PFC J by hitting him in the facial area. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 29 July 2003, the applicant declined the opportunity to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: On 30 July 2003, the separation authority approved the applicant's separation under the provisions of AR 635-200, Chapter 14-12c, Commission of a Serious Offense. / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 January 2003 / 3 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 102 c. Highest Grade Achieved / MOS / Total Service: E-3 / None / 6 months, 24 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Blotter, dated 6 July 2003, reflects an investigation revealed that the applicant and another Soldier were involved in a verbal altercation inside the barracks, which turned to physical when the applicant repeatedly struck the other Soldier. The applicant kicked and stomped on the other Soldier's face. The applicant was apprehended by the military police. FG Article 15, dated 29 July 2003, for attempting to unlawfully separate from the Army by means of knowingly false representations that his wife had given birth to a stillborn son, when in fact his wife had not given birth to a stillborn son (27 May 2003); behaved with disrespect toward his superior commissioned officer by lying to him about his wife giving birth to a stillborn son (26 May 2003); for the purpose of being separated from the Army, feign mental derangement by saying that while he was on convalescent leave that his wife gave birth to a stillborn son and he was having a difficult time dealing with the loss (between 2 and 27 May 2003); and, for unlawfully hitting and kicking PFC J in the facial area with his hands and feet. The punishment consisted of a reduction to E-1; forfeiture of $575 pay per month for two months; and, extra duty and restriction for 45 days. Several Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 27 May 2003, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with an Adjustment D/O w/ Mixed Anxiety and Depressed Mood. Report of Mental Status Evaluation, dated 19 June 2003, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with an Adjustment D/O w/ Mixed Anxiety and Depressed Mood. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; four character letters; a self-authored statement; and, copies of his military service record. 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 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. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service 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 a mental health condition, including PTSD; TBI; or sexual assault/harassment 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 characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors 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. Caution shall be exercised 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 uncharacterized discharge to general (under honorable conditions). The applicant's record of service, 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. 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 service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 24, character of service as uncharacterized; block 25, separation authority as AR 635-200, paragraph 14-12c (1); and, block 26, separation code as JKD. The discharge packet confirms the separation authority approved the discharge by reason of misconduct (serious offense). Soldiers processed for misconduct (serious offense) will be assigned an SPD Code of JKQ and an RE Code of 3. The separation authority approved the applicant's characterization of service as general (under honorable conditions). The applicant was notified of the intent to separate him from the Army on 29 July 2003. At the time of the notification, the applicant had 6 months and 18 days of Active Duty. Therefore, the applicant was not in an entry level status and should not have received a characterization of service of uncharacterized. The applicant contends that an upgrade of his discharge will allow him to improve his way of life. However, the Board does not grant relief for the purpose of improving one's life or gaining employment or enhancing employment opportunities. The third party statements provided with the application speak highly of the applicant's performance. They all recognize his good conduct after leaving the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. Notwithstanding the administrative errors, 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 record review hearing conducted at Arlington, VA, on 27 February 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, 27, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 24, characterization changed to general under honorable conditions b. block 25, separation authority changed to AR 635-200, paragraph 14-12c, c. block 26, separation code changed to JKQ, d. block 28, narrative reason for separation changed to Misconduct (Serious Offense). 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions c. Change Reason to: Misconduct (Serious Offense) d. Change Authority to: AR 635-200, Chapter 14-12c e. Change SPD/RE Code to: Change SPD to JKQ / No change to RE code f. Restore 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 AR20160015237 1