1. Applicant's Name: a. Application Date: 26 December 2016 b. Date Received: 6 March 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to upgrade his under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in pertinent part and in effect, he is currently employed with the Police Athletic League, working with inner city youth in various athletic capacities. Because the position is in collaboration with law enforcement, it is imperative that his military status is in honorable standings. This position is very near and dear to his heart; however, he is in jeopardy of being terminated if the issue is not rectified. Unfortunately, he was unaware that his military status was under other than honorable conditions. He is willing and able to do whatever to ensure that he fulfills his duties honorably. He was unable to complete the term of his service term because of family obligations. His mother was diagnosed with breast cancer during his sophomore year in college. He was not aware until her health began to improve and her cancer went into remission. In 2006, she informed him that her cancer had spread to other areas of her body and that her doctors were recommending vigorous treatments to stabilize her health. At the end of his first term of service in 2009, in addition to providing for his wife and two children, and as the eldest and only son, he assumed the care and support for his mother and younger sister as she continued her battle with cancer. As his mother's health deteriorated, it became impossible for him to participate in the required service duties as he worked multiple full time jobs. It was also discovered that he had an unknown mass located near his abdomen. He spent several months in the hospital testing for the possibility of leukemia. While the mass was detected as benign, it took a few weeks to recover from the multiple biopsies and procedures. In December 2012, his mother lost her fight with cancer. He became depressed, unmotivated, and lost. However, through the power of prayers and the support of his family, he began to thrive again. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has no psychiatric conditions on his AHLTA 713954 behavioral health problem list in JLV. He also had no VA SC disability percentage in AHLTA. In all, he had no mitigating psychiatric conditions or symptoms described in these records. In a records review conducted at Arlington, VA on 15 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: NA / AR 135-178 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 21 October 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF / Under Other Than Honorable Conditions / 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 November 2008 / 6 years b. Age at Enlistment / Education / GT Score: 25 / Over 14 years / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / 21E10, Heavy Construction Equipment Operator / 2 years, 11 months d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NIF g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Discharge Orders i. Lost Time / Mode of Return: NIF / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 26 December 2016, and certicate of death, dated 8 January 2013. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, he is currently employed with the Police Athletic League, working with inner city youth in various athletic capacities. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. Further, chapter 13 provides in pertinent part, that individuals can be separated for being an unsatisfactory participant. Army Regulation 135-91 states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills acrue during a 1 year period and attempts to have the Soldier respond or comply with orders or correspondence have resulted in- the Soldier's refusal to comply with orders or correspondence; or a notice sent by certified mail was refused, unclaimed, or otherwise undeliverable; or verification that the Soldier has failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed. Discharge action may be taken when the Soldier cannot be located or is absent in the hands of civil authorities in accordance with the provisions of AR 135-91, paragraph 2-18, and Chapter 3, section IV, of AR 135-178. The characterization is based upon the quality of the Soldier's service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army regulations, and the time-honored customs and traditions of the Army. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized if the Soldier is in entry-level status. However, the permissible range of characterization varies based on the reason for separation. 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 to upgrade his under other than honorable conditions discharge to general (under honorable conditions). The applicant's available record of service, and the issues and document submitted with his application were carefully reviewed. The evidence shows the applicant's service record is void of the specific facts and circumstances concerning the events that led to his discharge from the Army. The record indicates that on 20 October 2011, Department of the Army, Headquarters, 81st Regional Support Command, Fort Jackson, SC, Orders 11-293-00004, discharged the applicant from the US Army Reserve, effective 20 October 2011, with an under other than honorable conditions characterization of service. 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 in the US Army Reserve. The applicant's contentions regarding his behavioral health issues resulting from having health issues and losing his mother, were carefully considered. However, the available service record does not support the applicant's contention, and no evidence to support it has been 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., the complete discharge packet and any behavioral health diagnoses, since he claims becoming depressed, unmotivated, and lost) 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. The applicant contends that an upgrade of his discharge will allow him to retain hisemployment. However, the Board does not grant relief for the purpose of retaining, gaining employment, or enhancing employment opportunities. The applicant contends he is entitled to an upgrade of his discharge because of mitigating circumstances which contributed to his discharge. Specifically, he claims family health issues at home resulted in his discharge. While the applicant may believe his family issues with health and undertaking responsibility of caring and supporting additional family members were the underlying cause of his discharge, the record of evidence does not demonstrate that he sought relief from stress through his command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. 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 15 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 AR20170004527 1