1. Applicant's Name: a. Application Date: 28 February 2017 b. Date Received: 6 March 2017 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, his discharge should be upgraded due to false claims and he was discharged for actions that was not justified. His notification memorandum stated he filed a false travel voucher on 9 May 2001. He was discharged for stealing and there was no proof to justify the statement. He wants to reenlist in the Army as a Chaplain. Per the Board's Medical Officer, based on the information available for review at the time, the applicant's AHLTA diagnoses of Acute Reaction to Stress with Disturbance of emotions, Adjustment Disorders, Noncompliance with Therapy, and Suicide Attempt with Handgun In regard to the suicide attempt with handgun, the applicant told the provider he attempted suicide after an Article 15 when he put a gun to his head and pulled the trigger with the safety on. This led to a hospitalization from 210-26 July 2011 and a diagnosis of adjustment disorder. He had a chapter MSE on 18 August 2011. He was negative for TBI and PTSD. He was a chaplain's assistant without combat deployments. Further he met Army medical retention standard and was cleared for administrative discharge. JLV showed no VA SC disability percentages or problems. The applicant has no mitigation and further is not asking for mitigation, as he is denying his misconduct, not attributing it to his mental condition. In a records review conducted at Arlington, VA on 11 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 12 January 2012 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 15 September 2011 and 28 September 2011 (2) Basis for Separation: On 15 September 2011, the applicant was informed of the following reasons for his discharge; he submitted a false travel voucher (9 May 2011); he was absent without leave from (20 July 2011 to 21 July 2011); and he wrongfully stole property from SPC A.H., in the amount of about $920 (10 September 2010). On 28 September 2011, the applicant was informed again of the same reasons for his discharge; (3) Recommended Characterization: On 15 September, the unit commander recommended a General (Under Honorable Conditions) discharge. On 28 September 2011, the unit commander recommend an Under Other Than Honorable Conditions discharge. (4) Legal Consultation Date: 29 September 2011 (5) Administrative Separation Board: The applicant voluntarily waived consideration of his case by an administrative separation board, contingent upon him receiving a characterization of service no less favorable than favorable than general (under honorable conditions). On 28 October 2011, the separation approving authority disapproved the applicant's conditional waiver of his administrative separation board. On 8 November 2011, the applicant was notified to appear before an administrative separation board and advised of his rights. On 29 November 2011, the administrative separation board convened. The applicant appeared with counsel. The board recommended the applicant be discharged with issuance of a characterization of service of general (under honorable conditions). (6) Separation Decision Date / Characterization: On 12 December 2011, 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 general, under honorable conditions. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 16 June 2009 / 4 years b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / 92 c. Highest Grade Achieved / MOS / Total Service: E-3 / 56M1P, Chaplain Assistant / 2 years, 6 months, 26 days 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, 20 September 2010, relates the applicant was under investigation for larceny of private property from troop billets, not funds or automobile, $100 and over from troop billets not funds or automobile. FG Article 15 dated, 27 June 2011, for with intent to deceive, sign an official record, Claim for Reimbursement for Expenditures on Official Business, which record was totally false (9 May 2011); reduction to PVT / E-1, forfeiture of $733 pay for two months (suspended) and extra duty for 45 days. The applicant received several negative counseling statements for various acts of misconduct i. Lost Time / Mode of Return: AWOL 1 day, 20 July 2011 until 21 July 2011. j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 18 August 2011, revealed the applicant had an Axis I diagnosis of an adjustment disorder. He was screened for Post-Traumatic Stress Disorder and mild Traumatic Brain Injury, both screens were negative. He had no evidence of mental defect, emotional illness, or psychiatric disorder of sufficient severity to warrant disposition through military medical channels. He was mentally responsible, could distinguish right from wrong, and possessed sufficient mental capacity to understand and participate intelligently as a respondent in any administrative proceedings. He was psychologically cleared for any administrative action deemed appropriate by command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); notification memorandum (two pages); DD Form 214; and a letter, State of Illinois, Department of Veteran's Affairs. 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 general (under honorable conditions) to honorable. The applicant's record of service, the issues and documents 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 documented pattern of misconduct, 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, his discharge should be upgraded due to false claims and he was discharged for actions that was not justified; his notification memorandum stated he filed a false travel voucher on 9 May 2001; he was discharged for stealing and there was no proof to justify the statement. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unjustly discharged. The applicant wants to reenlist in the Army as a Chaplain. Soldiers being processed for separation are assigned reentry codes based on their reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There was no basis to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 11 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 AR20170004199 5