1. Applicant's Name: a. Application Date: 25 March 2017 b. Date Received: 30 March 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of under other than honorable conditions discharge to honorable or general (under honorable conditions). The applicant seeks relief contending, in effect, has PTSD and believes that PTSD is a major contributing factor to the misconduct. The applicant is currently incarcerated and will be released in September of 2017. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate no in-service or post-service behavioral health diagnoses. At a recent primary care visit, the applicant screened negative for PTSD. The applicant does not have a service-connected rating from the VA at this time. In summary, the applicant did not have a BH diagnosis which is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 23 January 2019, 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: Unacceptable Conduct / AR 600-8-24, Chapter 4-2b / JNC / NA / Under Other Than Honorable Condition b. Date of Discharge: 24 March 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 March 2008 (2) Basis for Separation: The applicant was required to show cause for retention on Active Duty under the provisions of AR 600-8-24, paragraphs 4-2, for misconduct. This action was based upon the following specific reasons for elimination; On 31 August 2007, he was convicted of indecency with a child, 2nd Degree Felony (Coryell County, State of Texas); and On 3 October 2007 he was convicted of injury to a child, 2nd Degree Felony (Coryell County, State of Texas) (3) Legal Consultation Date: On 15 July 2008, the applicant voluntarily tendered his resignation from the Army under the provision of AR 600-8-24, Chapter 4, in lieu of further elimination proceedings. (4) GCMCA Recommendation Date: 23 October 2008 / Under Other Than Honorable Conditions (5) DA Ad Hoc Review Board: Not Available (6) Separation Decision Date / Characterization: Not Available 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 September 2004 / NIF b. Age at Appointment / Education / GT Score: 33 / c. Highest Grade Achieved / MOS / Total Service: CW2 / 948D0, Elect-Missile Maintenance / 15 years, 6 months, 17 days d. Prior Service / Characterizations: RA, 8 September 1993 to 12 July 2000 / HD RA, 13 July 2000 to 20 September 2004 / HD (Accept Commission or Warrant in the Army) Appointed Reserve WO1 on 21 September 2004 e. Overseas Service / Combat Service: SWA, Germany / Iraq (prior period of service) f. Awards and Decorations: ARCOM-3, AAM-5, AGCM-3, USN/USMC-PUC, JMUA, ASU-AWD, NDSM-2, GWOTEM, GWOTSM, OSR-2, NATOMDL, AFSM, NOPDR-2, ASR g. Performance Ratings: 18 March 2005 to 17 March 2006, Best Qualified 17 March 2006 to 16 March 2007, Best Qualified h. Disciplinary Action(s) / Evidentiary Record: CID Report, dated 24 July 2007, which shows the applicant was the subject of an investigation for rape, and indecent acts upon a child. Judgment of Conviction by a civilian court. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. A discharge of honorable, general, or under other than honorable conditions characterization of service may be granted. 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 honorable or general (under honorable conditions). The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army (i.e., the memorandum signed by the separation authority). However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 600-8-24, Chapter 4 paragraph 4-2b, by reason of Unacceptable Conduct, with a characterization of service of under other than honorable conditions. Barring evidence to the contrary, all the requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The available evidence 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 Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the unacceptable conduct or poor duty performance, such that he should have been retained. Further, the applicant's record contains no evidence of arbitrary or capricious actions by the command. The applicant seeks relief contending, that he has PTSD and believes that PTSD is a major contributing factor to his misconduct. The applicant's contentions were noted; however, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., evidence of PTSD) or other evidence sufficient to explain his claim that PTSD was a contributing factor to his misconduct. 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 23 January 2019, 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 AR20170006649 1