1. Applicant's Name: a. Application Date: 19 November 2015 b. Date Received: 23 November 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable or general (under honorable conditions). The applicant seeks relief contending, in effect, that his current characterization of service should not haunt him for the rest of his life when he faithfully served his country for over 15 years, deploying to five combat zone, and was selected for promotion to Sergeant First Class. The applicant states that he would gladly do it again. The applicant contends that he should be able to access much needed medical treatment and other veteran benefits. The applicant believes his discharge was a personal attack to do harm on his civilian life. Per the Board's Medical Officer, based on the information available for review at the time, and both the military electronic medical record (AHLTA) and the VA electronic medical record (JLV) were reviewed. AHLTA indicates that the applicant was followed by Behavioral Health on a regular basis beginning in 2013. At that time, he presented requesting help with his temper, feelings of anger, and poor sleep. He was eventually placed on medications which successfully treated his irritability. He was diagnosed with Adjustment Disorder, then Anxiety Disorder NOS, then PTSD, which was later changed back to Anxiety Disorder NOS. Review of JLV indicates that he has been found to be 50 percent service-connected for PTSD, 50 percent service- connected for sleep apnea, and 10 percent service-connected for TBI. (The only documentation of a head injury found in the military medical record is of the applicant hitting his nose on the bottom portion of a HMMV during repairs. No LOC was documented. On 27 October 2012, the applicant was seen by the TBI clinic which documented "SM denies any head injury or concussive event." The applicant consistently screened negative for TBI while on Active Duty). Therefore, based on the available information, it is clear that the applicant suffers from PTSD. Unfortunately, PTSD is not mitigating for the offenses of engaging in an inappropriate relationship and sexually assaulting another person. In a records review conducted at Arlington, VA on 10 March 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 20 October 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 15 April 2014 [sic] (2) Basis for Separation: The applicant was informed of the following reasons: failed to obey a lawful general regulation by engaging in an inappropriate relationship (25 June 2013); and, sexually assaulted another person (24 July 2014). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 15 April 2015 (5) Administrative Separation Board: On 15 April 2015, the applicant request consideration of his case by an administrative separation board. On 22 July 2015, 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. (6) Separation Decision Date / Characterization: On 17 September 2015, the separation authority approved the recommendation of the administrative separation board and directed the applicant's discharge with a characterization of service of under other than honorable conditions. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 September 2012 / Indefinite b. Age at Enlistment / Education / GT Score: 31 / HS Graduate / 118 c. Highest Grade Achieved / MOS / Total Service: E-6 / 91M30, Bradley Fighting Vehicle System Turret Mechanic / 16 years, 21 days d. Prior Service / Characterizations: RA, 30 September 1999 to 1 May 2003 / HD RA, 2 May 2003 to 23 August 2007 / HD RA, 24 August 2007 to 23 September 2012 / HD e. Overseas Service / Combat Service: SWA / Bosnia (5 April 2001 to 29 September 2001), Iraq (1 January 2003 to 1 September 2003, 24 January 2005 to 27 December 2005, 9 May 2007 to 7 July 2008, and 28 October 2009 to 19 October 2010). f. Awards and Decorations: ARCOM-3, AAM-4, MUC-2, USA/USAF PUC, VUA, AGCM- 4, NDSM, ICM-5CS, AFEM, GWOTEM, GWOTSM, NCOPDR-3, ASR, OSR-3, NATOMDL, CAB g. Performance Ratings: 7 August 2012 thru 7 January 2013, Among The Best 7 January 2013 thru 26 December 2013, Marginal 27 December 2013 thru 22 June 2014, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: Memorandum for Record, dated 25 June 2013, Subject: No Contact Order, reflects the applicant was given a lawful order to cease all contact with SPC A.H. FG Article 15, dated 27 November 2013, for failing to obey a lawful general regulation by creating an actual or clearly predictable adverse impact on discipline, authority, moral, or the ability of the command to accomplish its mission (25 June 2013). This was in violation of Article 92, UCMJ. The punishment consisted of a reduction to E-5 (suspended for 90 days). CID Report, dated 4 February 2014, reflects the applicant was the subject of an investigation for wrongful distribution of dangerous drugs. CID Report, dated 24 July 2014, reflects the applicant was the subject of an investigation for sexual assault (adult) aggravated sexually battery and sodomy-felony. Balbo & Greg Attorneys-At-Law Memorandum for Commander, Headquarters, Fort Stewart, Georgia, references the complete recantation of the alleged sexual assault victim, and to request that the administrative separation action against the applicant be dismissed. Report of Mental Status Evaluation, dated 24 September 2014, reflects the applicant was psychologically cleared for any administrative actions deemed appropriated by his chain of command. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 23 April 2015, reflects the applicant was diagnosed with (Axis I) adjustment disorder, R/O alcohol disorder. It was noted that the applicant was cleared for administrative action as deemed appropriated by his command. The applicant was referred for ASAP evaluation. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; several letters of character; several NCO Evaluation Reports dated between 12 May 2010 and 22 June 2014. 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. 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 under other than honorable conditions discharge to honorable or general (under honorable conditions). 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. 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 contends that his service should not haunt him for the rest of his life when he faithfully served his country for over 15 years, deploying to five combat zone, and was selected for promotion to Sergeant First Class. The applicant contends that he should be able to access much needed medical treatment and other veteran benefits. The applicant believes his discharge was a personal attack to do harm on his civilian life. 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 is to be commended on his accomplishment. However, this service appears to have not been sufficiently mitigating to warrant a characterization of service of honorable or general (under honorable conditions) at the time of discharge as shown by the incidents of misconduct and the documented actions under Article 15 of the Uniform Code of Military Justice. 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 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 10 March 2017, 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 a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD / RE Code to: No Change e. 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 AR20150018510 1