1. Applicant's Name: a. Application Date: 17 April 2017 b. Date Received: 24 April 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the narrative reason for separation to Secretarial Authority. The applicant through counsel seeks relief contending, in effect, the discharge is inequitable because of a service- connected adjustment disorder and difficult personal circumstances at the time of discharge mitigate the severity of misconduct. The discharge is inequitable because the applicant's highly meritorious service record, including multiple combat deployments, as well an Army Commendation Medal with Valor device and a Bronze Star. The discharge is inequitable because of impeccable post-service conduct. 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 diagnoses of Adjustment Disorder. The applicant is 70% service-connected for Adjustment Disorder from the VA. In summary, the applicant's BH diagnosis is not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 13 September 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 608-8-24, Paragraphs 4-2b and 4-24a(1) / BNC / NA / General (Under Honorable Conditions) b. Date of Discharge: 3 August 2015 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 12 September 2014 (2) Basis for Separation: The applicant was required to show cause for retention on active duty under the provisions of AR 600-8-24, due to his misconduct and conduct unbecoming an officer. He was notified of the following reasons; During the summer of 2013, he had an inappropriate romantic relationship with Cadet D.X., a Reserve Officer Training Corps (ROTC) Cadet participating in the Cadet Troop Leadership Training (CTLT). Instead of mentoring and educating Cadet X. about the Army, he exploited his position as the commander to engage in a romantic relationship with her. He then continued to pursue a personal and unprofessional relationship with Cadet X. after conclusion of CTLT though e-mails; Cadet X. also told him (applicant) that "one of his married NCOs engaged in sexual activities with me and numerous NCOs were hitting on me." He failed to inform his chain of command of these allegations or take any action to determine if the allegations were true. Instead, he blatantly condoned this kind of misconduct by his own actions. He received a General Officer Memorandum of Reprimand for the above mentioned misconduct, which was filed in his AMHRR on 13 August 2014; and Conduct unbecoming an officer as indicated in the above-referenced misconduct. (3) Recommended Characterization: The applicant's chain of command recommended his conditional resignation request be disapproved and that he be eliminated from service with General (Under Honorable Conditions) discharge. (4) Legal Consultation Date: On 3 February 2015, the applicant consulted with legal counsel. On 10 February 2015, he voluntarily tendered his resignation in lieu of elimination, conditioned upon receiving an honorable characterization of service. (5) Administrative Separation Board/BOI: On 20 November 2014, The Commanding General; Headquarters, US Army, Special Forces Command (Airborne), Fort Bragg, NC 28310- 9110, directed a Field Board of Inquiry (BOI) be convened and the applicant be required to show cause for retention on active duty. On 2 December 2014, the applicant was notified to appear before a BOI and advised of his rights. On 27 January 2015, a Board of Inquiry recommended that the applicant be involuntarily eliminated from the United States Army based on misconduct and moral or professional dereliction, with a General (Under Honorable Conditions) characterization of service. On 23 April 2015, The Commanding General; Headquarters, US Army, Special Forces Command (Airborne), Fort Bragg, NC 28310-9110, after careful consideration of the applicant's case and the findings recommendations of the BOI, he recommended the applicant be separated from the US Army with a characterization of service of General (Under Honorable Conditions). On 21 June 2015, an Ad Hoc Review Board subsequently reviewed both of these issues. (6) Separation Decision Date / Characterization: On 8 July 2015, The Deputy Assistant Secretary of the Army (Army Review Boards) approved the Board of Inquiry's recommendation to involuntarily eliminate the applicant from the United States Army based on misconduct and moral or professional dereliction (Army Regulation 600-8-24, paragraph 4-2b), with a General (Under Honorable Conditions) characterization of service. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 December 2007 / 3 years / 3 year ADSO agreement / 25 July 2008 / document extending the applicant term of service until discharge date is not in file. b. Age at Enlistment / Education / GT Score: 30 years / BS Degree / NA c. Highest Grade Achieved / MOS / Total Service: O-4 / 38A, Civil Affairs / 14 years, 2 months, 5 days d. Prior Service / Characterizations: e. Overseas Service / Combat Service: SWA / Iraq, 24 June 2007 / Afghanistan, 7 March 2011 / Germany x2 / Qatar x2, 19 September 2004 and 5 April 2006 / Korea / Hawaii, previous stated deployments were prior service. f. Awards and Decorations: BSM, JSCM, ARCOM-"V" DEV, ARCOM, NDSM, ACM-CS, GWOTEM, GWOTSM, ICM-CS, KDSM, HSM, ASR, OSR-3, NATO MDL, RNGR TAB, CAB, USAFCOM, AFAM-2, USAFOUT, USAFLSAR-2, USAFESR-GOLD FRAME, USAFTR g. Performance Ratings: 1 August 2011 to 31 January 2014, Best Qualified 1 February 2014 to 1 July 2014, Not Qualified 2 July 2014 to 1 July 2015, Qualified h. Disciplinary Action(s) / Evidentiary Record: An administrative General Officer Memorandum of Reprimand (GOMOR), dated 9 July 2014, for engaging in an inappropriate relationship with a subordinate and for failing to prevent or report the misconduct of his subordinate NCOs. Report of Mental Status Evaluation, dated 26 March 2015, revealed the applicant was screened for PTSD and TBI. These conditions were either not present or, if present, do not meet AR 40- 501 criteria for a medical evaluation board. He was also screened for any behavioral health concerns. Per medical record review, clinical interview and psychometric data, he did not any diagnostic criteria as defined by DSM V. He possessed intelligence and judgment to fully participate in administrative proceedings. The applicant was fully cleared from the behavioral health standpoint. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: VA Rating Decision, dated 22 January 2016, relates the applicant was diagnosed with an adjustment disorder, insomnia, and a major depressive disorder. He was granted an evaluation of 50 percent disabling, effective 4 August 2015. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); attorney's brief; attachment to DD Form 293 (11 pages); Exhibit A; Applicant's Affidavit (four pages); Exhibit B; two Thigpen & Jenkins, LLP receipts; Exhibit C; e-mail correspondence (13 pages); Exhibits D, J, K, L, M, Y, Z, AA, BB; character / support statements; Exhibit E; Letter, M.W.; Exhibit F; VA Rating Decision (five pages); Exhibit G; Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition / Trauma- and Stressor-Related Disorders (six pages)' Exhibit H; Discharge Summary (three pages); Exhibit I, Report of Mental Status Evaluation (three pages); Exhibit N; Officer Record Brief; Exhibit O; Ranger School Diploma; Exhibit P; Award of Army Commendation Medal with Valor and Narrative (two pages); Exhibit Q; pages Award of Army Commendation Medal with Narrative (two pages); Exhibit R; Award of Joint Service Commendation Medal with Citation (two pages); Exhibit S; Award of Army Commendation Medal, with Recommendation for Award (two pages); Exhibits T, U, V, W, X; Officer Evaluation Reports; Exhibit CC; UNC Kenan-Flagler Business School, unofficial transcript (two pages); Exhibit DD; Letter of Recommendation; Professor C.B.B.; Exhibit EE; Invitation to Cisco New Hire Website; Exhibit FF; UNC Kenan- Flagler Veterans Association Website (three pages); Exhibit GG; e-mail correspondence with C.A. (six pages); Exhibit HH; Elk Ridge Town Homes, Minutes of Annual Meeting (two pages); Exhibit II; Affidavit of Parentage for Child Born Out of Wedlock (; Exhibit JJ; Photos of D.A. and L.A. (two pages); Exhibit KK; applicant's Air Force DD Form 214; and Exhibit LL; applicant's Army DD Form 214 (two pages). 6. POST SERVICE ACCOMPLISHMENTS: The applicant states through counsel he applied and was accepted to Kenan- Flagler Business School at the University of North Carolina in Chapel Hill. He completed three semesters of coursework at the business school and was scheduled to graduate in May 2017, with his Master's in Business Administration. After graduation, he plans to work as a marketing manager for Cisco in Research Triangle Park. Also, while at UNC, he served as the Executive Vice President of the Kenan Flagler Business School Veterans Association. He was elected president of his homeowner's association. 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. 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 "BNC" as the appropriate code to assign officer Soldiers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4-2b, unacceptable conduct. 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 and a change to the narrative reason for separation to Secretarial Authority. 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 Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant's unacceptable conduct diminished the quality of his service below meriting a general or an honorable discharge at the time of separation. 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 on active duty. The applicant requests a change to the narrative reason for separation. Army Regulation 635- 5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating officer Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "BNC" as the appropriate code to assign officer Soldiers, who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4, paragraphs 4-2b and 4 -24a(1), unacceptable conduct. The regulation further stipulates no deviation is authorized. The applicant through counsel seeks relief contending, his discharge was inequitable because his service-connected adjustment disorder and difficult personal circumstances at the time of his discharge mitigated the severity of his misconduct. The applicant submitted a VA rating decision revealed the applicant was diagnosed with an adjustment disorder, insomnia, and a major depressive disorder. He was granted an evaluation of 50 percent disabling, effective 4 August 2015. However, the record of evidence did not support that the applicant's service-connected adjustment disorder and difficult personal circumstances at the time of his discharge mitigated the severity of his misconduct. The applicant further contends, his discharge was inequitable because his of highly meritorious service record, including multiple combat deployments as well an Army Commendation Medal with Valor device and a Bronze Star. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant also contends, his discharge is inequitable because of his impeccable post- service conduct. The applicant's post-service accomplishments have been noted as outlined on the application and in the documents with the application. The third party statements provided with the application speak highly of the applicant. However, the persons providing the character reference statements were I and some were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 13 September 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 AR20170008433 1