1. Applicant's Name: a. Application Date: 23 March 2016 b. Date Received: 31 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 effect, a review of his discharge should be based on his military record. His discharge was biased because it was based on one isolated incident in 128 months of service with no other adverse action. He has two honorable discharges from reenlistments, both in a combat zone. He is also requesting his rank of Sergeant to be restored. Per the Board's Medical Officer, based on the information available for review at the time, there was insufficient evidence to determine if there was a nexus between a behavioral health or medical condition and the misconduct which led to the applicant's separation from the Army. A review of electronic medical records revealed diagnoses of Chronic PTSD, TBI, Adjustment Disorder, and Insomnia. Medical note, dated September 2007, indicated the applicant received a Mental Status Examination for a Chapter 14-12c. A basis of the misconduct was not described within the record nor was a disposition provided. Medical note, dated 29 April 2008, indicated the applicant was seen by Combat Stress while deployed and reported a recent reduction in rank due to a positive UA. Mental Status Examination, dated 24 August 2015, at Luther State Prison indicated the applicant had significant trauma exposure stemming from three combat deployments. The basis of his incarceration was not discussed; however, it was noted that he had diagnoses of Chronic PTSD and TBI with a history of significant symptoms since 2005. It was determined that the effects of these conditions did not constitute matters in extenuation in relation to the basis of his separation and he was psychiatrically cleared. In a records review conducted at Arlington, VA on 9 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 (Civil Conviction) / AR 635-200, Chapter 14, Section II / JKB / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 22 September 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 11 September 2015 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 October 2010 / 6 years (NIF) b. Age at Enlistment / Education / GT Score: 24 / GED / 102 c. Highest Grade Achieved / MOS / Total Service: E-5 / 91B10, Wheeled Vehicle Mechanic / 8 years, 9 months, 10 days d. Prior Service / Characterizations: RA (8 September 2004 to 4 March 2006) / HD RA (5 March 2006 to 21 October 2010) / HD e. Overseas Service / Combat Service: SWA, Korea / Iraq (28 September 2005 to 11 September 2006), (15 October 2007 to 27 October 2008), Afghanistan (28 December 2009 to 13 December 2010) f. Awards and Decorations: ARCOM-3; AAM; AGCM; NDSM; ACM-CS; ICM-3CS; GWOTSM; NCOPDR; ASR; OSR-4; CAB g. Performance Ratings: 1 August 2011 thru 2 January 2012, Among the Best 3 January 2012 thru 2 January 2013, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: DA Form 4187-E, Personnel Action, dated 19 June 2013, indicates the applicant's duty status changed from OLV, Ordinary Leave to CCA, Confined by Civilian Authorities, effective 18 June 2013. Discharge Orders, dated 22 September 2015 i. Lost Time / Mode of Return: 837 days (Civilian Confinement: 18 June 2013 to 22 September 2015) / NA j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 23 March 2016. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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 14-5 stipulates that a Soldier may be considered for discharge when initially convicted by civil authorities, or when action is taken that is tantamount to a finding of guilty, if one of the following conditions is present: (1) A punitive discharge authorized for the same or a closely related offense under the MCM 2002, as amended. (2) The sentence by civil authorities includes confinement for 6 months or more, without regard to suspension or probation. If the immediate commander initiates separation action, the case will be processed through the chain of command to the separation authority for appropriate action. A Soldier convicted by a civil court or adjudged a juvenile offender by a civil court will be reduced or considered for reduction. (See AR 600-8-19) 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 available record of service and the issues submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature, and the separation authority's decision memorandum. The DD Form 214 document identifies the reason and characterization of the discharge and the presumption of government regularity prevails in the discharge process. The DD Form 214 shows the applicant was discharged under the provisions of Chapter 14, Section II, AR 635-200, for misconduct (civil conviction), with a characterization of service of under other than honorable conditions. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The applicant contends the incident that caused his discharge was the only one in his entire Army career. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. In consideration of the applicant's service accomplishments and quality of his service prior to any incident of misconduct, the Board can find that his complete period of service was or was not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant requests that his rank be restored. The Army Discharge Review Board is not empowered to restore former Service Member's grade, rate or rank. The Board may only change the characterization or reason for discharge. If an applicant believes there is an error or injustice in his discharge involving his rank, he may make an application to the Army Board for Correction of Military Records, using DD Form 149, which can be obtained online or from a Veterans Service Organization. Although the applicant did not raise any behavioral health issues resulting from post-traumatic stress disorder, a careful review of the available record shows that the separation authority's decision memorandum referred to reviewing the medical and mental examination because the applicant had alleged PTSD or TBI injury as a result of a deployment within the preceding 24 months of his current discharge. However, the applicant did not submit any evidence of Post- Traumatic Stress Disorder diagnosis, nor an indication that they were contributing factors that led to his misconduct. However, if the Board determines, based on any available medical record, that the applicant's behavioral health issues existed and that they 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 feels his discharge was biased. In view of the applicant's contentions being carefully considered, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of his request for an upgrade of the discharge. If the applicant desires a personal appearance hearing, it would be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet and medical records of any behavioral health diagnoses) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available 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 9 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 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 AR20160009042 4