1. Applicant's Name: a. Application Date: 8 March 2016 b. Date Received: 11 March 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in pertinent part and in effect, during the period of the incident that led to his discharge, he had medical problems. A "Nasal Mass" in his nose caused him to have nose bleeds and severe headaches every day for three months until he had surgery for it. After his surgery, he was diagnosed with anemia, adjustment disorder, and depression. He also had anger issues at the time, as acknowledged by his leadership. He reached out for help trying to get into anger management courses, and counseling for his depression and adjustment disorder, but he never received help. He would have obtained help on his own but his resources were limited, including his actions and movement because he had to obtain approval from his leadership. After discharge, he finally received counseling and help with his issues- he is now rehabilitated. He understands his actions were wrong and there were other alternative solutions to his problems. He had looked up to his previous leaders and peers as a strong motivated Soldier with great potential and leadership skills. He is now taking proper steps to ensure a better future for him and his family. He cannot change the past, but he can make a better future. An upgrade would assist him in pursuing success and allow him the opportunity to help others. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did have mitigating medical condition (severe anemia requiring blood transfusion on 10 Jul 2015) with secondary behavioral health condition (acute stress related to fatigue) for a few (but not most) of the offenses which led to his separation from the Army. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records notes zero problems. The Veterans Affairs has not service-connected the applicant. In a records review conducted at Arlington, VA on 7 July 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the applicant's discharge and AWOL (i.e. severe anemia requiring blood transfusion with secondary acute stress) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general (under honorable conditions). The Board determined the reason for discharge was proper and equitable and voted not to change it. (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: 5 August 2015 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 24 July 2015, the applicant was charged with the following: Charge I: two specifications of violating Article 86, UCMJ, for failing to be at his appointed place of duty at the prescribed time on two separate occasions on 8 July 2015 and 9 July 2015. Charge II: Violation of Article 89, UCMJ, for behaving disrespectful towards his superior commissioned officer on 14 July 2015. Charge III: Violation of Article 90, UCMJ, for disobeying a commissioned officer on 14 July 2015. Charge IV: Violation of Article 91, UCMJ, for being disrespectful in deportment towards CSM R on 14 July 2015. Charge V: three specifications of violating Article 92, UCMJ, for disobeying three NCOs on three separate occasions on 15 July 2015. Charge VI: Violation of Article 115, UCMJ, for malingering between 8 July 2015 and 14 July 2015. (2) Legal Consultation Date: 24 July 2015 (3) Basis for Separation: Pursuant to the applicant's request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial (4) Recommended Characterization: General (Under Honorable Conditions) (5) Separation Decision Date / Characterization: 30 July 2015 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 April 2014 / 3 years, 23 weeks b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-2 / 27D10, Paralegal Specialist / 1 year, 3 months, 6 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 11 May 2015, provided no diagnosis and the applicant was cleared for administrative separation. Report of Medical Examination, dated 1 June 2015, shows that the examiner noted the applicant was diagnosed with "iron deficiency Anemia, secondary to Epistaxis and surgery." FG Article 15, dated 7 July 2015, for treating an NCO with contempt on 17 June 2015, being disrespectful in language towards an NCO on 18 June 2015, disobeying a superior commissioned officer on 17 June 2015, and assaulting Ms. D on 1 May 2015. The punishment consisted of a reduction to E-1, forfeiture of $772 for two months (suspended), 45 days of extra duty, and an oral reprimand. Two Physical Profiles, dated 1 July 2015 and 10 July 2015, reflect that the applicant received temporary P3 due to sinus surgery in June 2015, and anemia, respectively. Both profiles indicated that he would be fully mission capable on 31 July 2015. Two Sick Slips, dated 10 July 2015 and 13 July 2015, indicates the applicant received 72 hours quarters, and light duty for five days, respectively. Seven Sworn Statements, dated 14-16 July, provided details of the offenses committed by the applicant. Negative counseling statements, dated 13 and 15 July 2015, for failing to obey an NCO on several occasions and refusing to comply with the guidelines of an Article 15 punishment. Charge Sheet described at the preceding paragraph 3c(1). i. Lost Time / Mode of Return: Eight days (Pretrial Confinement: 16 July 2015 to 23 July 2015) / Released to PDY on 24 July 2015 j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 6 May 2015, indicates the applicant noted behavioral health issues. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 8 March 2016, and two character reference/supporting statements. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, since his discharge, he has finally received counseling and help with his issues, and that he is now rehabilitated. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a 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. Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. AR 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 under other than honorable conditions discharge to general (under honorable conditions). The applicant's record of service, and the issues and documents submitted with his application were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. The applicant, in consultation with legal counsel voluntarily requested, in writing, a 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, and he 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. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. His record documents no other acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority. The applicant's contentions regarding his behavioral health issues which involved having anger, adjustment disorder, and depression due to his medical issues and stress, were carefully considered. A careful review of the documentary evidence in the applicant's record indicates the applicant's behavioral health issues symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. The applicant contends he reached out for help trying to get into anger management courses, and counseling for his depression and adjustment disorder, but he never received help. However, the evidence of record shows the command attempted to assist the applicant in performing and conducting himself to Army standards by providing counseling and by the imposition of non-judicial punishment. The applicant failed to respond appropriately to these efforts. The applicant contends an upgrade would assist him in pursuing success and the opportunity to help others, perhaps through veterans' benefits. However, eligibility for veterans' 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. In consideration of the applicant's post-service accomplishments, the Board can find that his accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The third party statements provided with the application speak highly of the applicant's character and performance. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. 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 7 July 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the applicant's discharge and AWOL (i.e. severe anemia requiring blood transfusion with secondary acute stress) and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general (under honorable conditions). The Board determined the reason for discharge was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions 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 AR20160005864 6