1. Applicant's Name: a. Application Date: 7 May 2017 b. Date Received: 22 May 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable and to change the narrative reason for discharge. The applicant seeks relief contending, in pertinent part and in effect, understands the mistakes that were made are both morally and socially unforgiving and very wrong, which the applicant would be living with for the rest of life. Although the events were isolated, the applicant served the country honorably with two combat tours. Prior to the mistakes, the applicant never dishonored or disgraced the Army. The requested upgrade and a change to the narrative reason for discharge would allow the applicant to receive better employment and enable the applicant to proudly view the DD Form 214, properly reflecting the applicant's entire service. 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 the applicant presented to Behavioral Health (BH) after the affair was discovered by command. Veteran Affairs (VA) records indicate the applicant is 10% SC for PTSD, but there is no documentation of any VA visits. In summary, the applicant does not have a mitigating BH diagnoses that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 28 November 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: 19 August 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 July 2016 (2) Basis for Separation: The applicant was informed of the following reasons: On 23 January 2016, he failed to obey a lawful order from a superior noncommissioned officer. On 11 January 2016 and 23 January 2016, he made false official statements to SFC J.B. On 22 January 2016, he was AWOL and remained absent from the unit until 25 January 2016. On 21 March 2016, he was AWOL and remained absent from the unit until 25 March 2016. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived 27 July 2016 (5) Administrative Separation Board: Unconditionally waived (6) Separation Decision Date / Characterization: 4 August 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 November 2014 / 5 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 106 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11B20, Infantryman / 6 years, 10 months, 6 days d. Prior Service / Characterizations: RA (14 October 2009 to 16 November 2014) / HD e. Overseas Service / Combat Service: Turkey, Germany, SWA / Afghanistan (30 August 2010 to 1 April 2011), (9 July 2013 to 24 December 2013) f. Awards and Decorations: ARCOM; AAM-2; AGCM-2; NDSM; ACM-CS-2; GWOTSM; NCOPDR; ASR; OSR-3; NATO MDL-2; CIB g. Performance Ratings: Two NCOERs rendered during period of service under current review: 15 November 2014 to 14 November 2015, Fully Capable 15 November 2015 to 22 April 2016, RFC, Did Not Meet Standard h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 18 March 2016, for being absent without leave on 22 January 2016, and remained absent until 25 January 2016; disobeying an NCO on 23 January 2016; and making false official statements on two separate occasions on 11 January 2016 and 23 January 2016. The punishment consisted of a reduction to E-4, forfeiture of $1,241 pay per month for two months (suspended), and 45 days of extra duty and restriction. Negative counseling statement for being absent without leave. FG Article 15, dated 25 April 2016, for being absent without leave on 21 March 2016, and remained absent until 25 March 2016. The punishment consisted of a reduction to E-1, forfeiture of $783 pay per month for two months, and 45 days of extra duty and restriction. i. Lost Time / Mode of Return: None noted on DD Form 214 / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 20 April 2016, indicates the applicant and examiner noted behavioral health issues and treatment. Report of Mental Status Evaluation, dated 10 May 2016, reflects an "AXIS I" diagnosis of "Adjustment Disorder with Depression, by Hx." 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 7 May 2017; three character reference statements; DD Form 214; CIB Orders; DA Form 1059 (Service School Academic Evaluation Report), dated 23 October 2012; and three NCOERs. 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 14-12b 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. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" 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 general (under honorable conditions) discharge to honorable and to change the narrative reason for his discharge. The applicant's available record of service, and the issues and documents 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 pattern of misconduct, the applicant knowingly risked a military career and marred the quality of his service that ultimately caused his discharge from the Army. The applicant contends the incidents that caused his discharge were isolated incidents, aside from his honorable service. Although even a single incident as discrediting entry constitutes a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. 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 and to change the narrative reason for his discharge. The applicant contends that an upgrade and a change to the narrative reason for his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Although the applicant did not raise any behavioral health issues, a careful review of the available record indicates the applicant's behavioral health issues symptoms existed. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. The third party statements provided with the application speak highly of the applicant's performance and character. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. 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 28 November 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 AR20170008890 1