1. Applicant's Name: a. Application Date: 7 September 2016 b. Date Received: 24 October 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, his discharge should be upgrade based on his 18 plus years of service, 17 of which he was a top notch Soldier. The applicant states that it was not until his 18th year that he started having problems as a result of his back to back deployments. Since his discharge, the applicant has been diagnosed with PTSD. The applicant does not believe his 18 plus years in the Army should be summed up based on his last year and a half in service, most notably after his mental state had been altered due to his deployments. Evidence in the record reflects that on 2 March 2010 during a prior personal appearance, the Army Discharge Review Board reviewed the applicant's case (AR20090008269), heard his personal testimony, and determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and as a result, determined it was inequitable. The Board voted to grant relief by changing the applicant's characterization of service to general (under honorable conditions). The Board determined that the reason for discharge was both proper and equitable and voted not to change it. This action entailed restoration of grade to E-6/SSG. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has no behavioral health diagnoses listed in AHLTA. In the JLV the applicant showed as 60 percent service-connected disabled, and documents supplied by the applicant showed him as rated 30 percent service-connected disabled for PTSD with Major Depression. VA problem list diagnoses included Anxiety State, MDD, recurrent, moderate, Depression Disorder NOS, but did not include PTSD. Outpatient VA visits included Major Depressive Disorder, recurrent, mild, Sleep Apnea, Morbid Obesity, and Depression NOS. There were no notes where PTSD was the primary focus of treatment. Even if applicant has PTSD, the level of impairment described (30 percent) and the nature of the misconduct-choking and slapping his stepdaughter, attacking and striking his wife, fighting a policeman-exceed what PTSD can plausibly mitigate. The idea that the absence of these behaviors prior to deployment, assuming it is true, is unpersuasive. In a personal appearance hearing conducted at Arlington, VA on 22 May 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: 10 August 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated 14 June 2005, reflects the applicant was charged with violation of the UCMJ, Articles 95 and 128. (2) Basis for Separation: The applicant was informed of the following reasons: Charge I: Violation of the UCMJ, Article 95, Resistance of arrest Charge II: Violation of the UCMJ, Article 128, Assault (with four specifications) (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 13 July 2005 (5) Separation Decision Date / Characterization: 29 July 2005 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 March 2000 / Indefinite b. Age at Enlistment / Education / GT Score: 32 / BS Degree / 115 c. Highest Grade Achieved / MOS / Total Service: E-6 / 92A1P, Automated Logistical Specialist / 18 years, 11 months, 12 days d. Prior Service / Characterizations: RA, 29 August 1986 to 27 February 1990 / HD RA, 28 February 1990 to 6 July 1992 / HD RA, 7 July 1992 to 26 January 1995 / HD RA, 27 January 1995 to 25 May 1998 / HD RA, 26 May 1998 to 9 March 2000 / HD e. Overseas Service / Combat Service: SWA, Korea / Iraq (NIF) f. Awards and Decorations: ARCOM-5, AAM-2, NDSM, KSM, GWOTSM, NCOPDR-2, ASR g. Performance Ratings: November 1999 thru June 2002, Among The Best (four reports) July 2002 thru March 2003, Fully Capable April 2003 thru October 2003, Among The Best November 2003 thru August 2004, Fully Capable September 2004 thru May 2005, Marginal h. Disciplinary Action(s) / Evidentiary Record: As noted in 3c(2) above Fayetteville Police Department Incident/Investigation Report, date reported 10 June 2004, indicates a domestic disturbance complaint was filed and the applicant was arrested for allegedly choking Ms. X, banged her head against the wall, and slapped her with an open hand. Serious Incident Report (Follow Up), dated 16 June 2004, reflects the applicant was charged with two counts of "assault" and one count (each) of "communicating a threat" and "interfering with a 911 call." Paragraph 14c, indicates that the applicant was given a court order not to return to his home until after his second hearing scheduled for 24 June. Fayetteville Police Department Incident/Investigation Report, date reported 1 January 2005, indicates a domestic disturbance complaint was filed and the applicant was arrested for aggravated assault and simple physical assault. Narrative Page 4 reflects, "the victim (MS. X.) said she saw Officer M #358 telling the suspect (the applicant) to put his hands on the dresser, but the suspect was not complying with the instructions." Further stating "when Officer M. was trying to handcuff the suspect, the suspect pushed off Officer M. against the wall, picked him up and body slammed him on the floor." Serious Incident Report (Follow Up), dated 1 January 2005, reflects the applicant was charged with one count of "Assault on a public official inflicting serious injury." It was also noted that this was the second serious incident involving domestic violence in less than eight months. Paragraph 14c, indicates that the applicant was given a direct order not to return to his home or have any un-escorted contact with his wife or stepdaughter until after he is assessed by Family Advocacy. Fayetteville Police Department Incident/Investigation Report, date reported 11 April 2005, indicates a domestic disturbance complaint was filed and the applicant was arrested for simple physical assault. Narrative Page 3 reflects, "the suspect struck victim (Ms. X) with open hand on the left side of her face causing it to swell." The victim stated that the applicant had struck her in the face, during an argument, with his hand. Serious Incident Report (Follow Up), dated 11 April 2005, reflects the applicant will most likely be charged with assault and that it was unknown at the time what his bail will be set at. The applicant had a 14 April court date. Paragraph 14c, indicates that the applicant was given a direct order not to return to his home or have any un-escorted contact with his wife or stepdaughter until after he is assessed by Family Advocacy. Restraining Order, dated 15 April 2005, reflects the applicant was given a lawful order, by his battalion commander, restraining him from having contact with his wife and daughter. The restraint was to protect the applicant and his immediate family members following numerous domestic violence acts documented since June 2004, resulting in several arrests by the local law enforcement officials. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: VA correspondence (pages 2-4), undated, reflects the applicant was assigned 30 percent evaluation for PTSD with major depression based on suspiciousness, depressed mood, anxiety, occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), difficulty in establishing and maintaining effective work and social relationships, chronic sleep impairment. 5. APPLICANT-PROVIDED EVIDENCE: Online application and a partial copy of the Department of Veterans Affairs correspondence (pages 2-4). 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for 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. Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. Army Regulation 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 general (under honorable conditions) discharge to honorable and a change to the narrative reason for separation. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of two offenses which included several specifications punishable under the UCMJ with a punitive discharge. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant's contentions regarding his 18 plus years of service as a top notch Soldier and the fact that his mental state was altered due to his deployments were noted; evidence in the record show on 13 July 2005, the applicant consulted with legal counsel and voluntarily requested, in writing, 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. Further, the applicant 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 did not submit (submitted) a statement in his own behalf. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. However, on 2 March 2010 during a prior personal appearance, the Army Discharge Review Board reviewed the applicant's case (AR20090008269), heard his personal testimony, and determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and as a result, determined it was inequitable. The Board voted to grant relief by changing the applicant's characterization of service to general (under honorable conditions). The Board determined that the reason for discharge was both proper and equitable and voted not to change it. This action entailed restoration of grade to E-6/SSG. The applicant also contends that, since his discharge, he has been diagnosed with PTSD. Therefore, he does not believe his total 18 plus years in the Army should not be sum up based on his last one and a half years in the military after his mental state was alternated after his deployments. The fact the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available record is void of any indication that the applicant was suffering from a disabling medical or Post-Traumatic Stress Disorder condition during his discharge processing that would have warranted his separation through medical channels. It should be noted the appropriate SPD code and narrative reason for discharge to assign enlisted Soldiers who are discharged in lieu of trial by court-martial is "KFS" and the RE code is 4. The regulation further stipulates that no deviation is authorized. 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 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted no additional documents. b. The applicant presented the following additional contention: Change the Reentry Eligibility (RE) code. c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 22 May 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No 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 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 AR20160016744 6