1. Applicant's Name: a. Application Date: 20 September 2016 b. Date Received: 19 December 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, he served 17 years including two tours in Iraq and Afghanistan. He was going through a divorce, battling PTSD and depression. His chain of command allowed her to end his career without giving him the benefit of doubt. He was discriminated against because of his spouse's actions. His records show that he had an honorable career, so should his DD Form 214. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, the applicant did not have a medical or behavioral health condition that was mitigating for the offenses which led to his separation from the Army. A review of electronic military medical records found that SM did have a diagnosis of PTSD; however, this condition is not mitigating for his offenses leading to an early separation. In a records review conducted at Arlington, VA on 25 April 2018, 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: Unacceptable Conduct / AR 608-8-24, Paragraphs 4-2b / JNC / NA / General (Under Honorable Conditions) b. Date of Discharge: 15 September 2014 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was required to show cause for retention on active duty under the provisions of AR 600-8-24, chapters 4-2b(4), (5) and (8) and 4-2c(1) and (5) for acts of personal misconduct, false official statement, absence without leave and adultery. He was notified of the following reasons for elimination; with intent to deceive, made to 1LT A.T., an official statement, to wit: "I have not setup a dating profile on plentyoffish.com," or words to that effect, which statement was totally false (6 November 2012); being AWOL between (16 March 2012 until 27 April 2012); and he wrongfully had sexual intercourse with C.L., a woman not his wife, being prejudicial to good order and discipline and of a nature to bring discredit upon the armed forces (16 November 2012). (3) Recommended Characterization: On 9 May 2013, the Commanding Officer, Headquarters, 4th Infantry Division and Fort Carson, CO, recommend he not be allowed to tender his request for resignation in lieu of elimination and receive an honorable discharge and his elimination be referred to a Board of Inquiry. On 5 December 2013, the Commanding Officer, Headquarters, Fort Carson, CO, recommend that the applicant be eliminated with a characterization of service of general (under honorable conditions). (4) Legal Consultation Date: On 3 June 2014, the applicant was afforded the opportunity to consult with legal counsel and declined the opportunity to do so. The applicant also voluntarily tendered his resignation from the Army under the provisions of AR 600-8-24, Chapter 4, in lieu of further elimination proceedings. (5) Administrative Separation Board/BOI: On 18 October 2013, a BOI recommended that the applicant be involuntarily eliminated from the US Army based on both misconduct and moral or professional dereliction, and derogatory information, with a General (Under Honorable Conditions) characterization of service. (6) Separation Decision Date / Characterization: On 18 June 2013, the Department of the Army Ad Hoc Review Board reviewed the resignation in lieu of elimination tendered by the applicant. The Deputy Assistant Secretary (Army Review Boards), did not accept his resignation that he conditioned upon receiving no worse than an honorable discharge. The DASA directed the case be returned to the General Show Cause Authority. In accordance with Army Regulation 600-8-24, 4-24(g), further directed a BOI be conducted, unless the applicant tenders an unconditional resignation in lieu of elimination. On 25 July 2014, a Department of the Army Board of Review for Eliminations recommended that the applicant be involuntarily eliminated from the US Army based on both misconduct and moral or professional dereliction, and derogatory information, with a General (Under Honorable Conditions) characterization of service. The Deputy Assistant Secretary (Army Review Boards), approved the Boards' recommendations to involuntarily eliminate the applicant from the US Army based on both misconduct and moral or professional dereliction (Army Regulation 600-8-24, paragraph 4-2b), and derogatory information (Army Regulation 600-8-24, paragraph 4-2c), with a General (Under Honorable Conditions) characterization of service. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 October 2007 / N/A b. Age at Enlistment / Education / GT Score: 28 year / 2 years college / NA c. Highest Grade Achieved / MOS / Total Service: CW2 / 915A / Auto Maintenance / 17 years, 4 months, 23 days d. Prior Service / Characterizations: RA, 23 April 1997 to 21 June 1999 / HD RA, 22 June 1999 to 16 March 2003 / HD RA, 17 March 2003 to 28 April 2004 / HD RA, 29 April 2004 to 30 October 2005 / HD RA, 1 November 2005 to 23 October 2007 / HD Appointed Warrant Officer / 24 October 2007 e. Overseas Service / Combat Service: Germany (Prior Service) / SWA / Afghanistan x2, 2 May 2008 to 1 May 2009 and 12 August 2010 to 11 August 2011 / Iraq x2, 10 March 2003 to 15 September 2003 and 28 January 2005 to 8 January 2006 (Prior Service) f. Awards and Decorations: BSM, ARCOM-5, AAM, AGCM-3, NDSM, GWOTEM, ICM- 2CS, ACM-2CS, GWOTSM, NOPDR-2, ASR, OSR-3, NATO MDL, CAB, MUC g. Performance Ratings: 18 June 2008 to 29 November 2011, Best Qualified 28 November 2011 to 2 September 2014, Do Not Promote h. Disciplinary Action(s) / Evidentiary Record: The applicant received a negative counseling statement dated, 1 May 2011 for failing to follow orders. GO Article 15, dated 7 June 2012, for being AWOL (16 March 2012 until 27 April 2012); forfeiture of $2,312 pay (suspended). GO Article 15, dated 16 January 2013, for with intent to deceive, make to 1LT A.T., an official statement, "I have not set up a dating profile on plentyoffish.com," which statement was totally false and was then known by him to be so false (6 November 2012); and being a married man, did wrongfully have sexual intercourse with C.L., a woman not his wife such conduct being prejudicial to good order and discipline and of a nature to bring discredit upon the armed forces (16 November 2012); forfeiture of $2,352 pay for two months. i. Lost Time / Mode of Return: AWOL for 42 days (16 March 2012 until 27 April 2012), returned to unit. However, this period of AWOL is not annotated on the DD Form 214 block 29 dates of time lost during this period. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 19 August 2014, relates that the applicant received counseling and treatment for PTSD with medications. 5. APPLICANT-PROVIDED EVIDENCE: Online application (six pages). 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. A discharge of honorable, general, or under other than honorable conditions characterization of service may be granted. 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 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 Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant' unacceptable conduct diminished the quality of his service below meriting an honorable discharge at the time of separation. The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the unacceptable conduct or poor duty performance, such that he should have been retained on active duty. The applicant seeks relief contending, he served 17 years including two tours in Iraq and Afghanistan; and his records show that he had an honorable career, so should his DD Form 214. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant further contends, he was going through a divorce, battling PTSD and depression. The record shows that the applicant received counseling and treatment for PTSD with medications. The applicant also contends, his chain of command allowed her to end his career without giving him the benefit of doubt. 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 applicant additionally contends, he was discriminated against because of his spouse's actions. Although the applicant alleges that he was a victim of discrimination during his military service, there is no evidence in his military records and the applicant has not provided sufficient evidence supporting this contention. Therefore, this argument is not sufficient to support his request for an upgrade of his discharge. 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 April 2018, 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. Change SPD Code to: No Change f. Change RE Code 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 AR20160019502 4