1. Applicant's Name: a. Application Date: 10 February 2016 b. Date Received: 16 February 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable. The applicant seeks relief contending, in effect, his separation board was inconsistent in details why he should be discharged, but his case was presented with details to support his under other than honorable discharge which was inappropriate. He suffers from a right shoulder injury from his service in Iraq that makes everyday living difficult. He needs proper medical care to maintain his physical health. He is interested in all benefits he is entitled to receive. He served five and a half years in the military and he would like to believe his service was appreciated. He would like to possibly reenlist one day. In an ARBA Travel Panel Record Review hearing conducted at Scott AFB, IL on 26 February 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 11 September 2012 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 25 May 2011 (2) Basis for Separation: The applicant was informed of the following reasons for his discharge; he kidnapped K.S.S., assaulted her on divers occasions and violated a protective order; he also violated his probation, damaged private property, drove recklessly and drove without a driver's license; and he failed to report to his appointed place of duty and disobeyed an NCO on diverse occasion. On 20 June 2011, the separation action was suspended until 22 July 2011, in order to exercise his rights set forth in the notification memorandum. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 19 August 2011 and 15 December 2011 / the applicant was telephonically advised of the basis for his contemplated separation and the effects and the rights available to him and the opportunity to waive his rights. (5) Administrative Separation Board: The applicant requested consideration of his case by an administrative separation board. On 7 June 2012, the applicant was notified to appear before an administrative separation board and advised of his rights. On 24 July 2012, the administrative separation board convened. The applicant appeared with counsel. The board recommended the applicant be separated with issuance of a characterization of service of under other than honorable conditions. (6) Separation Decision Date / Characterization: On 7 August 2012, 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. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 November 2007 / 4 years b. Age at Enlistment / Education / GT Score: 19 years / HS Graduate / 108 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92A10, Automated Logistical Specialist / 3 years, 7 months, 1 day d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 14 July 2009, revealed the applicant was under investigation for domestic battery and battery, off post. Military Police Report, dated 8 October 2009, indicates the applicant was under investigation for aggravated kidnapping, aggravated battery, criminal threat, reckless driving and driving without a valid operator's license, off post. The applicant received numerous negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: The applicant was AWOL x6 for 187 days, 29 August 2009 until 7 October 2009, for 39 days; 1 February 2010 until 21 March 2010, for 51 days; 30 November 2010 until 20 December 2010, for 21 days; 8 April 2011 until 23 May 2011, for 46 days; 10 August 2012 until 20 August 2012, for 11 days; 23 August 2012 until 11 September 2012, for 19 days, mode of return for all periods are unknown. Also, the applicant was confined by civil authorities for 243 days. Total lost time was 430 days. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 30 November 2010, relates the applicant had an Axis I diagnosis of partner relational problems per history. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages) and an issues continuation page; support statement; 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 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 under other than honorable conditions to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The applicant seeks relief contending, his separation board was inconsistent in details why he should be discharged, but his case was presented with details to support his under other than honorable discharge was inappropriate. He suffers from a right shoulder injury from his service in Iraq that makes everyday living difficult; he needs proper medical care to maintain his physical health; and he is interested in all benefits he is entitled to receive. 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. The applicant further contends, he served five and a half years and in the military and he would like to believe his service was appreciated. 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 would like to possibly reenlist one day. However, at the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment. 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 an ARBA Travel Panel Record Review hearing conducted at Scott AFB, IL on 26 February 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. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160003969 1