1. Applicant's Name: a. Application Date: 16 February 2016 b. Date Received: 25 February 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 feels that his chapter separation was rushed and that his discharge characterization was unjust. There was a regulation change in November of 2014, which made it unauthorized for noncommissioned officers to have personal relationships with enlisted Soldiers; and his unit did not provide this information to anybody. He served over six years of service with not one incident until the fraternization situation and he was given a general (under honorable conditions) discharge. He is unable to utilize his Post 9/11 GI Bill due to the characterization of his discharge. His military records, awards and achievements do not warrant anything less than an honorable discharge. He was unjustly punished and chaptered for what he feels was nature taking its course and him wanting to be with his wife. He wants to make a better life for his wife and children. Per the Board's Medical Officer; based on the information available at the time SM does not have a mitigating BH diagnosis. SM was seen intermittently by EBH for depressive symptoms initially due to his impending divorce and then attributed to his legal difficulties. Diagnosed with Adjustment Disorder with Depressed Mood. Screened negative for PTSD and TBI. Attended anger management group as recommended by his BH provider. JLV indicates he is 90% SC. Problem List includes PTSD secondary to combat deployment to Afghanistan. Based on the information available at this time, SM does not have a mitigating BH diagnosis. PTSD is not mitigating for the offenses of forgery, disobeying a superior officer, disobeying a lawful, general order or making a false statement. In a records review conducted at Arlington, VA on 2 June 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 / General (Under Honorable Conditions) b. Date of Discharge: 19 November 2015 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 31 August 2015 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he forged the signature of a superior commissioned officer (26 June 2015); he willfully disobeyed a superior commissioned officer (23 March 2015); he failed to obey a lawful general regulation (22 March 2015); and he made a false official statement to a noncommissioned officer (22 March 2015). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 8 September 2015 (5) Administrative Separation Board: On 8 September 2015, the applicant voluntarily and conditionally waived consideration of his case by an administrative separation board, contingent upon him receiving a characterization of service no less favorable than honorable. On 27 September 2015, the separation approving authority denied the applicant's request to conditionally waive consideration of his case by an administrative separation board contingent upon receiving a discharge no less than honorable. He referred the case to an administrative separation board. On 29 October 2015, the applicant again consulted with legal counsel and voluntarily conditionally waived consideration of his case by an administrative separation board, contingent upon him receiving a characterization of service no worse than the jurisdictional limits of the board (honorable or general under honorable conditions). (6) Separation Decision Date / Characterization: 2 November 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 January 2011 / 6 years b. Age at Enlistment / Education / GT Score: 21 years / GED Certificate / 110 c. Highest Grade Achieved / MOS / Total Service: E-5 / 19D10, Cavalry Scout / 92Y10, Unit Supply Specialist / 7 years, 5 months, 1 day d. Prior Service / Characterizations: RA, 19 June 2008 to 17 January 2011 / HD e. Overseas Service / Combat Service: Germany / SWA / Afghanistan, 21 July 2010 to 16 July 2011 f. Awards and Decorations: JSCM, ARCOM, AAM-5, AGCM-2, NDSM, ACM-2CS, GWOTSM, NOPDR, ASR, OSR-2, NATO MDL, ASUA g. Performance Ratings: 1 June 2012 thru 31 August 2013, Marginal 1 September 2013 thru 31 August 2014 / Fully Capable 1 September 2014 thru 15 April 2015 / Marginal h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 6 May 2015, for having received a lawful command from CPT D.C., his superior commissioned officer, to not contact SPC J.S., or words to that effect, did willfully disobey the same (23 March 2015); failed to obey a lawful general regulation, by wrongfully dating a junior enlisted Soldier while as a noncommissioned officer (22 March 2015); and with intent to deceive, make to SSG M.D., an official statement, "Roger I just got home but I started drinking already," or words to that effect, which statement was totally false (22 March 2015); reduction to SPC / E-4; forfeiture of $1,225 pay for two months; extra duty for 45 days and an oral reprimand. 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 7 May 2015, revealed that the applicant had an Axis I diagnosis of an adjustment disorder with depressed mood (per AHLTA). He screened negative for PTSD and TBI. No observed behavioral abnormalities or evidence of thought disorder or psychotic symptoms. He was mentally responsible, able to distinguish right from wrong, and had the mental capacity to understand and participate in administrative/board proceedings. He was psychiatrically cleared for any administrative action deemed appropriate by Command. 5. APPLICANT-PROVIDED EVIDENCE: Online application (seven pages); and a DD Form 214. 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." 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, the issues and document 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 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, he feels that his chapter was very rushed and that his discharge characterization was unjust; and he was unjustly punished and chaptered for what he feels was nature taking its course and him wanting to be with his wife. 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 further contends, there was a regulation change in November of 2014, which made it unauthorized for noncommissioned officers to have personal relationships with enlisted Soldiers; and his unit did not provide this information to anybody. AR 600-20, paragraph 4-14c(2) states, when evidence of fraternization between an officer and enlisted member or an NCO and a junior enlisted Soldier prior to their marriage exists, their marriage does not preclude appropriate command action based on the prior fraternization. The record of evidence shows that on 22 March 2015, the applicant was counseled and ordered to cease all contact with his girlfriend SPC J.S. and for being found in violation of AR 600-20, dated 6 November 2014, Command Policy paragraph 4-14 (c)2 covering fraternization. It appears that the applicant did not obey these orders. The applicant also contends, he served over six years of service with not one incident until the fraternization situation and was given a general (under honorable conditions) discharge. 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 additionally contends, he is unable to utilize his Post 9/11 GI Bill due to the characterization of his discharge. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does 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. Furthermore, the applicant contends, his military records, awards and achievements do not warrant anything less than an honorable discharge. 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. Army Regulation 635-200, 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. Whenever there is doubt, it is to be resolved in favor of the individual. Lastly, the applicant contends, he wants to make a better life for his wife and children. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 2 June 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 AR20160003861 5