1. Applicant's Name: a. Application Date: 5 August 2016 b. Date Received: 19 August 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through counsel, requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, after reviewing the medical and personnel records, he believes that the discharge given was unjust and should be re-considered. There is no doubt that there was a pattern of misconduct that occurred, however he believes that it should have been blatantly obvious that his actions stemmed from his deployment experiences. The incident with his squad leader, SSG B and the following briefings and interrogations led directly to the applicant's anxiety, panic attacks, and severe depression. The applicant was a young man that had no issues to speak of prior to deployment. The conduct he showed after his deployment was totally out of character and inconceivable for a man of this quality. The applicant's command agreed that he should have been sent to an MEB for the issues he sought help for on his own volition. Once he was put on medication, he started having legal and discipline issues. The Army obviously chose to just discharge him rather than continue with the MEB. The problem with this is that the exact problems he developed from deployment cannot be treated with the VA as his discharge does not qualify him for services. The applicant along with counsel, believes that the applicant is in serious need of counseling and our country owes it to him for his service and sacrifice. An upgrade to general (under honorable conditions) would be a just fit and would allow him to seek the help he desperately needs. The applicant is now serving time for his actions and has approximately 6 months remaining. Counsel and the applicant would like to be able, as part of the applicant's release plan, to get him enrolled in the VA for medical and mental assistance as soon as he is released. He acknowledges his issues are real and wants the help to get better. Per the Board's Medical Officer, based on the information available for review at the time, the applicant's AHLTA diagnoses include Anxiety Due to Medical Condition (Panic Attacks), Anxiety Disorder NOS, Insomnia, Marital Problem, Occupational Problem, Other Specified Family Circumstances, Panic Disorder without Agoraphobia, Panic Disorder With Agoraphobia, and Partner Relational Problem. He had his Separation Mental Status Exam (MSE) on 04 April 2014 cleared him for discharge. A note on 10 June 2014 also stated the applicant's antisocial behavior began in college before service. JLV showed one visit for Problems Related to Other Legal Circumstances. He has no VA service-connected disability percentages. Despite the patient's number of diagnoses, none of them mitigate his multiple instances of misconduct, and do not in any way mitigate domestic violence, ignoring a restraining order, or drinking on duty, to mention some of the multiple instances of misconduct he committed during hi active duty service. An AHLTA note of 10 December 2010 made it clear that he did have prior history of depression. In a records review conducted at Arlington, VA on 27 October 2017, 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, block 27 contains the erroneous reentry eligibility (RE) code of 4. In view of the error, the Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 26 March 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 31 July 2014 (2) Basis for Separation: The applicant was informed he was being separated under the provision of AR 635-200, Chapter 14-12c and Chapter 14-12b for the following reasons: Chapter 14-12c: On 19 March 2014, he was involved in a domestic altercation with his wife that turned physical when he assaulted her by grabbing her coat and pushing her to the floor. He then straddled her and used his thumbs to push upwards under her nose. She was able to get out from under him, at which point, he then placed his thumbs back under her nose and slammed her into a wall, injuring her nose, requiring medical treatment. He then fled the area. A follow up investigation identified him as the assaulter; he was located, arrested, and booked into the Nisqually jail with appearance in the Lakewood Municipal Court. On 18 April 2014, he pled guilty to assault in the 4th degree and resisting arrest in Lakewood County Court. He was subsequently found guilty and sentenced to 364 days of jail time with 350 days suspended and 14 days credit for time served, and a fine of $5,000 with $4,250 suspended. On 15 July 2014, he pled guilty to Assault in the 4th Degree- Domestic Violence in Pierce County District Court. He was subsequently found guilty and sentenced to 364 days of jail time with 304 days suspended and 8 days credit for time served, and a fine of $1090.00. He was forbidden to possess firearms as a result of his convictions. Chapter 14-12b: On 2 July 2014 and 5 July 2014, he failed to report to extra duty. On 28 June 2014, he failed to report to 0800 hours extra duty and was subsequently discovered to have been drunk on duty with a BAC of 0.028. On 28 June 2014, he possessed and consumed alcohol, violating his medical profile and a lawful order. On 28 April 2014, he failed to report to 0530 and 0630 hours formations. On 27 April 2014, he failed to obey a lawful order given to him by 1SG M to not leave Joint Base Lewis-McChord. On 27 April 2014, he was disrespectful in language to 2LT K and SGT K. On 26 April 2014, he failed to obey a lawful order issued to him by 2LT K to not leave Joint Base Lewis-McChord. On 5 April 2014, he violated a no contact order issued to him by CPT L and Pierce County Court by contacting his spouse. On 8 April 2014, he violated a no contact order by initiating communication with his spouse. On 27 March 14, he was disrespectful to SSG B by telling him that he did not care what rank he had on his chest and he would not follow his instructions. On 13 March 2014, he made false official statements to SGT K. On 7 March 2014, he failed to report to his appointment at 1115 hours. On 5 January 2014, he failed to report to 0200 hours Rear Detachment accountability formation. On 25 December 2013, he failed to report to Charge of Quarter's duty. On 2 October 2013, he failed to report to his 1230 hours unit movement to training. On 30 September 2013, he failed to report to 0630 hours accountability formation. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: An email, dated 17 October 2014, from the applicant's counsel to the Trial Counsel, reflects the applicant had consulted with his counsel. (5) Administrative Separation Board: On 15 January 2015, the applicant was notified to appear before an administrative separation board and advised of his rights. On 17 October 2014, the administrative separation board convened and the applicant's counsel appeared before the board. The board recommended the applicant's discharge with characterization of service of under other than honorable conditions. On 24 March 2015, the separation authority approved the findings and recommendations 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: 24 March 2015 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 May 2011 / 5 years and 16 weeks b. Age at Enlistment / Education / GT Score: 20 / One Year of College / 112 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 1 month, 1 day d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (4 December 2011 - 6 May 2012) f. Awards and Decorations: ACM-CS, GWOTSM, ASR, NATOMDL, CIB g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 31 March 2014, reflects the applicant was apprehended: Civilian Charge: Assault 4th Degree (Domestic Violence) (Off Post). Spouse Abuse Civilian Female Victim (Off Post). Report of Mental Status Evaluation, dated 4 April 2014, 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. Municipal Court of Washington for the City of Lakewood / City of University Place, Statement of Defendant on Plea of Guilty, dated 18 April 2014, reflects the applicant pled guilty and indicated he: Unlawfully assaulted his wife when he grabbed her shoulders in a harmful way (19 March 2014), and Resisted the officer's arrest (5 April 2014). FG Article 15, dated 14 May 2014, for disobeying a lawful command (5 April 2014); used disrespectful language toward a noncommissioned officer (27 March 2014); making a false official statement (13 March 2014); failing to go at the time prescribed to his appointed place of duty (2 October, 30 September and 25 December 2013; and, 5 January and 3 and 25 February 2014). The punishment consisted of a reduction to E-1; forfeiture of $765 pay per month for two months (suspended); and, extra duty and restriction for 45 days. Four Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Civil Confinement," effective 5 April 2014; From "Civil Confinement" to "PDY," effective 18 April 2014; and, From "PDY" to "Civil Confinement," effective 7 July 2014. Washington Uniform Criminal Complaint Docket in The District Court 1 (Tacoma) of The State of Washington County of Pierce, Tacoma, dated 8 July 2014, That in Pierce County, Washington, on or about the 6th day of July, 2014, the applicant, did commit the following crime(s): Assault in the Fourth Degree, Domestic Violence (x2) and Theft in the Third Degree, Domestic Violence. Military Police Report, dated 15 July 2014, reflects the applicant was apprehended for: Civilian Charge: Violation of a Protection Order (Domestic Violence) (Off Post). Civilian Charge: Resisting Arrest (Off Post) Civilian Charge: Obstructing a Police Officer (Off Post) Military Police Report, dated 16 July 2014, reflects the applicant was apprehended for: Civilian Charge: Assault 4th Degree (Domestic Violence) (Alcohol) (Off Post). Civilian Charge: Theft 3rd Degree (Domestic Violence) (Alcohol) (Off Post). Spouse Abuse Civilian Female Victim (Off Post). Superior Court of Washington for Pierce Country, Declaration for Determination of Probable Cause, dated 3 September 2014, reflects that in Pierce County, Washington, on or about the 31 August 2014, the applicant, did commit the crimes of Assault in the Second Degree, Unlawful Imprisonment, Violation of a Court Order, and Felony Harassment (all domestic violence related). Military Police Report, dated 23 September 2014, reflects the applicant was apprehended for: Civilian Charge: Assault 2nd Degree (Domestic Violence) (Off Post). Civilian Charge: Violation of a Protection Order (Domestic Violence) (Off Post). Civilian Charge: Unlawful Imprisonment (Domestic Violence) (Off Post). Spouse Abuse Civilian Female Victim (Off Post). Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: 274 days (CCA, 5 April 2014 - 17 April 2014 and 7 July 2014 - 26 March 2015) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided an extract of his Active Duty medical records, which reflect he received treatment for: Panic disorder with agoraphobia Anxiety disorder NOS Panic disorder without agoraphobia Anxiety disorder due to general medical condition with panic attacks Occupational problems 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 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, through counsel, requests an upgrade of his under other than honorable conditions 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 be retained on Active Duty. The applicant contends that he suffering from issues related to his deployment that affected his behavior and ultimately led to his discharge. The applicant's service record contains documentation that supports a diagnosis of in service anxiety disorder and a panic disorder; however, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 4 April 2014, the applicant underwent a mental status evaluation which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong. It appears, the applicant's chain of command determined that he knew the difference between what was right and wrong as indicated by the mental status evaluation. The applicant contends that his command agreed that he should have been processed through the MEB, but instead decided to discharge. However, 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 applicant contends that he was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant contends that an upgrade of his discharge would allow medical benefits. However, eligibility for veteran's benefits to include medical benefits do not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 27 October 2017, 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, block 27 contains the erroneous reentry eligibility (RE) code of 4. In view of the error, the Board directed an administrative correction to block 27 to read RE-3, as required by Army Regulations. 10. BOARD ACTION DIRECTED: a. Issue a New DD Form 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 to 3 f. Restore (Restoration of) Grade to: No Change 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 AR20160015576 1