1. Applicant's Name: a. Application Date: 6 March 2017 b. Date Received: 10 March 2017 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, although he had some misconduct issues, he did not deserve an Under Other Than Honorable Conditions discharge. His combat service in Afghanistan was the direct result of his issues as shown by his conduct/performance prior to his deployment. Per the Board's Medical Officer, based on the information available for review at the time, case files, AHLTA and JLV reviewed. Based on the available information, the applicant does not have a mitigating Behavioral Health disorder. In a records review conducted at Arlington, VA on 20 June 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 24 March 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 November 2010 (2) Basis for Separation: The applicant was informed of the following reasons, under the provisions of paragraph 14-12b and paragraph 14-12c: On 23 July 2009 and 21 August 2009, he committed an assault with bodily injury against a Family member on two separate occasions, and on 9 March 2010, he unlawfully evaded arrest or detention. Those offenses are close related to offenses under Articles 95 and 128, UCMJ Under paragraph 14-12b, he was AWOL from his unit on the following occasions: from 18 December 2009, and remained absent until 5 January 2010; from 17 January 2010, and remained absent until 19 January 2010; and from 19 January 2010, and remained absent until 22 January 2010. He failed to report on 3 November 2010, 2 November 2010, 29 September 2010, 24 September 2010, 23 September 2010, and 20 September 2010. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 10 November 2010 (5) Administrative Separation Board: 20 January 2011, Under Other Than Honorable Conditions discharge (6) Separation Decision Date / Characterization: In March 2011 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 March 2008 / 3 years, 20 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 83 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92Y10, Unit Supply Specialist / 2 years, 7 months, 7 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: SWA / Afghanistan (23 December 2008 to 25 June 2009) f. Awards and Decorations: NDSM; ACM-CS; GWOTSM; ASR; NATO MDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 16 December 2009, for failing to be at his appointed place of duty at the prescribed time on two separate occasions on 14 December 2009, and 14 December 2009, and disobeying a lawful order issued by a commissioned officer on 2 December 2009. The punishment consisted of a reduction to E-1, forfeiture of $699 pay per month for two months, and 45 days of extra duty and restriction. Ten DA Forms 4187 show the following changes to the applicant duty statuses: PDY to AWOL, effective 18 December 2009; AWOL TO PDY, effective 5 January 2010, PDY to AWOL, effective 17 January 2010, AWOL to PDY, effective 19 January 2010, PDY to AWOL, effective 19 January 2010, AWOL to PDY, effective 22 January 2010, Civilian Confinement to AWOL, effective 9 February 2010, AWOL to PDY, effective 16 February 2010, PDY to AWOL, effective 24 November 2010, and AWOL to Confinement, effective 22 December 2010. Judgment of Conviction by Court - Waiver of Jury Trial, dated 26 April 2010, indicates the applicant was convicted of burglary of a building, a State Jail Felony. The sentence consisted of six months State Jail Division. Order Revoking Deferred Adjudication, dated 27 April 2010, indicates that on 12 November 2009, the applicant was place on deferred adjudication for a period of 24 months for the offense of assault with bodily injury of a Family member. Because the applicant violated the conditions of the deferred adjudication, it was revoked, and ordered for the applicant to be confined to county jail for 120 days with a credit of 16 days. It further stated the jail sentence would run concurrent. Judgment and Sentence, date 27 April 2010, the applicant being found guilty of the offense, Evading Arrest or Detention on 9 March 2010, a Class A Misdemeanor, received a sentence of a fine of $100 and 120 days of confinement, and he was given credit of 49 days toward completing the sentence. It stated the jail sentence would run concurrent. Negative counseling statements for failing to be at his appointed place of duty at the prescribed time on several occasions. FG Article 15, dated 7 September 2010, for (three offenses listed are illegible). The sentence consisting of forfeiture, extra duty, restriction, and an oral reprimand are also illegible. i. Lost Time / Mode of Return: 164 days (AWOL: 18 December 2009 to 4 January 2010, for 18 days; 17 January 2010 to 18 January 2010, for two days; 19 January 2010 to 21 January 2010, for three days; 28 January 2010 to 16 February 2010, for 20 days; and 24 November 2010 to 24 March 2011, for 121 days) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 6 March 2017. 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 14-12c 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. Army Regulation 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 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 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 record confirms that 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 incident of misconduct, the applicant compromised the special trust and confidence placed in a Soldier. He knowingly risked a military career and diminished the quality of his service below that meriting an honorable discharge. 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. In consideration of the applicant's service accomplishments and quality of his service prior to the incidents of misconduct, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant contends his combat tour was the result of the issues that led to his discharge. A careful review of the available record did not present any medical issues, and the applicant did not submit any documentary evidence of any behavioral health diagnoses, which the applicant contends were contributing factors that led to his misconduct. There is no evidence submitted to corroborate the discharge was the result of any medical condition. 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., documentary evidence of any medical diagnosed of behavioral health issues) for the Board's consideration because they are not available in the official record. 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 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 20 June 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 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 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 AR20170004136 1