1. Applicant's Name: a. Application Date: 25 August 2016 b. Date Received: 29 August 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable to honorable. The applicant seeks relief contending, in effect, his discharge was improper because it was based on one isolated event during 106 months of honorable service. He served 8 years, 10 months, in which he always exercised extraordinary leadership, loyalty to his unit, honor and selfless service, five incredible NCOERs and three combat deployments to Afghanistan. He allowed his personal trials within his marriage affect his decisions at work and he made a mistake. Per the Board's Medical Officer, the information available for review at the time, Case file, AHLTA and JLV were reviewed. Based on the available medical information, the applicant does not have a mitigating Behavioral Health diagnosis for the misconduct leading to his discharge from the Army. In a records review conducted at Arlington, VA on 8 November 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. The service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 4. The discharge packet confirms the separation authority approved the discharge by reason of misconduct (serious offense). AR 635-5-1, (Separation Program Designator Codes) and Cross Reference Table shows that a Soldier processed for misconduct (serious offense) will be assigned an SPD Code of JKQ and an RE Code of 3. The Board directed the following administrative correction and reissue of the applicant's DD Form 214, as approved by the separation authority: Block 27, reentry code changed to 3 (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-4 / Under Other Than Honorable Conditions b. Date of Discharge: 2 August 2016 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 5 February 2016 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he had sexual intercourse with PVT X., a woman not his wife between (15 November 2015 and 4 December 2015); he violated Army Regulation 600-20, a lawful regulation, by having undue familiarity with PVT S.H. between (15 November 2015 and 4 December 2015); and he disobeyed a lawful order from CPT X, to not contact PVT X (21 November 2015. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 11 February 2016 (5) Administrative Separation Board: On 11 February 2016, the applicant requested consideration of his case by an administrative separation board. On 23 March 2015, the applicant was notified to appear before an administrative separation board and advised of his rights. On 16 May 2016, the administrative separation board convened and the applicant appeared with counsel. The board recommended the applicant's discharge with characterization of service of under other than honorable conditions. On 26 May 2016, the separation authority approved the findings and recommendation of the administrative separation board and directed the applicant's discharge with a characterization of service of under other than honorable conditions. (6) Separation Decision Date / Characterization: 26 May 2016 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 December 2014 / 4 years b. Age at Enlistment / Education / GT Score: 27 years / HS Graduate / 120 c. Highest Grade Achieved / MOS / Total Service: E-6 / 11B1P, Infantryman / 8 years, 10 months, 7 days d. Prior Service / Characterizations: RA, 26 September 2007 to 16 October 2011 / HD RA, 17 October 2011 to 15 November 2012 / HD RA, 16 November 2012 to 17 December 2014 / HD e. Overseas Service / Combat Service: Alaska / SWA / Afghanistan x3, 10 March 2014 to 14 November 2014, 4 March 2012 to 24 June 2012 and 28 February 2009 to 14 February 2010 f. Awards and Decorations: ARCOM-5, AAM-3, AGCM-2, NDSM, ACM-2CS, GWOTSM, ASR, OSR-3, NATO MDL, CIB, EIB, VUA g. Performance Ratings: 16 July 2015 to 16 December 2015, Marginal h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 16 December 2015, for having received a lawful command from CPT X., his superior commissioned officer, to not contact PVT X, or word to that effect, did willfully disobey the same (21 November 2015); violated a lawful regulation, Army Regulation 600-20, by having undue familiarity with PVT between (15 November 2015 and 4 December 2015); and being a married man, did wrongfully have sexual intercourse with PVT X, a woman not his wife, being prejudicial to good order and discipline in the armed forces and being of a nature to bring discredit upon the armed force between (15 November 2015 and 4 December 2015); reduction to Sergeant / E-5, forfeiture of $1,475 pay for two months (suspended) and extra duty for 45 days. The applicant 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 20 January 2016, relates that the applicant was screened for PTSD and mTBI. His screen for PTSD was negative; however, his screen for mTBI was positive. He was referred for a comprehensive mTBI evaluation. Medical records did not indicate the he had a TBI related condition which would preclude him from effectively participating, from a behavioral health perspective in Chapter 14-12c administrative separation proceedings. He was cleared from a from a behavioral health perspective in Chapter 14-12c administrative separation proceedings. Report of Medical History, dated 21 July 2016, relates that the attending physician made mention that other than the current temporary behavioral health profile, no functional limitations or restrictions. He had a 30lb. weight gain in four months due to PTSD; depression and stress caused shortness of breath. His current medications were Zoloft and Trazodone, 100mg each. Report of Medical Assessment, dated 21 July 2016, indicates he was admitted to the psychiatric ward due to mental health issues. He had moderate to severe sleep apnea (29 occurrences). His weight gain was likely secondary to decreased physical activity and other comorbidities related to an adjustment order. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); three Enlistment /Reenlistment contracts (seventeen pages); five NCOERs; Enlisted Record Brief; permanent orders 52-2818, Parachutist Badge; and OMPF documents (53 pages). 6. POST SERVICE ACCOMPLISHMENTS: The applicant states in his application he managed to complete 53 semester hours of education at American Military University with at least a 3.0 grade point average (GPA). 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 the characterization of service from under other than honorable to honorable. The applicant's record of service, the issues and documents 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 misconduct (serious offense), the applicant diminished the quality of his service below that meriting a general (under honorable conditions) or 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 discharge was improper because it was based on one isolated event during 106 months of honorable service. However, 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 further contends, he served 8 years, 10 months, in which he always exercised extraordinary leadership, loyalty to his unit, honor and selfless service, five incredible NCOERs and three combat deployments to Afghanistan. The applicant's service accomplishments and the quality of his service to include his three combat tours prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant also contends, he allowed his personal trials within his marriage affect his decisions at work and he made a mistake. The record of evidence does not demonstrate that he sought relief through his command or the numerous Army community services like the Chaplain, Family Support Services, Community Counseling Center, and other resources available to all Soldiers. The service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 4. The discharge packet confirms the separation authority approved the discharge by reason of misconduct (serious offense). AR 635-5-1, (Separation Program Designator Codes) and Cross Reference Table shows that a Soldier processed for misconduct (serious offense) will be assigned an SPD Code of JKQ and an RE Code of 3. 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 8 November 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. The service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 4. The discharge packet confirms the separation authority approved the discharge by reason of misconduct (serious offense). AR 635-5-1, (Separation Program Designator Codes) and Cross Reference Table shows that a Soldier processed for misconduct (serious offense) will be assigned an SPD Code of JKQ and an RE Code of 3. The Board directed the following administrative correction and reissue of the applicant's DD Form 214, as approved by the separation authority: Block 27, reentry eligibility code changed to 3. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD/RE Code to: No Change to SPD / Change RE code to 3 f. 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 AR20160015481 4