1. Applicant's Name: a. Application Date: 6 June 2017 b. Date Received: 12 June 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable or general (under honorable conditions). The applicant seeks relief contending, in effect, an upgrade will allow him the ability to receive medical care and possibly compensation for an ankle and back injury. Since his discharge, his back injury has become worse and it is becoming more difficult for him. The applicant will be applying for VA benefits soon as he know his back will only become worse as time passes. The applicant states, he fractured his right ankle during a PT test, which he failed by 8 seconds because of being injured. He hurt his back when he fell from an obstacle on the obstacle course, even though he was able to finish the course. The doctor, who treated the applicant for his back and ankle, told the applicant his injuries were minor. The doctor told the applicant his back was a strained muscle, but the applicant states, strained muscle aches go away and his still hurts. The applicant was told his ankle was sprained, but two weeks later another doctor finally ordered X-rays, which reflected it was fractured. At that point, he had been walking on a very painfully ankle The applicant states, he was an exemplary Soldier, who made a mistake, which has seriously affected his life. He was arrested for a civilian felony, which resulted in his Other Than Honorable discharge. The offense he committed happened while off duty and on his own personal property. The evidence of record reflects the applicant had a prior records review conducted at Arlington, VA on 7 April 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 diagnoses of Adjustment Disorder with disturbance of conduct. The applicant is 10% service-connected from the VA for tinnitus. The VA has also diagnosed the applicant with Adult Antisocial Behavior; Personality Disorder, unspecified; Major Depressive Disorder, recurrent, mild. In summary, the applicant does not have a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a personal appearance conducted at Arlington, VA on 5 October 2020, 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: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 12 September 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: undated (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was arrested on 5 March 2007, by White County Police, and charged with: violation of the computer pornography, and child exploitation prevention act of 1999 O.C.G.A. 16-12-100.2. Between 18 January 2007 and 5 March 2007, he intentionally or willfully utilized a computer on-line messaging service to seduce, solicit, lure, or enticed a child or another person believed by such person to be a child to commit any illegal act describe in Code Sections 16-6-4, 16-6-5, or 16-6-8. He engaged in an on-line instant messenger "chat" with a female he believed to be 14 years of age, during the course of the chat he discussed sexual excitement and sexual activities with child. The applicant exposed his penis to the child via web cam. He asked about the sexual experience of the child as well as he asked if the child would like to participate in sexual activities with him. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 20 June 2007 (5) Administrative Separation Board: On 6 July 2007, the applicant was notified to appear before an Administrative Separation Board and advised of his rights. On 21 August 2007, the applicant having previously requested an Administrative Separation Board to hear his case, upon further consideration, waived his rights to an Administrative Separation Board. (6) Separation Decision Date / Characterization: 23 August 2007 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 July 2006 / 3 years, 2 weeks b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-4 / 63B10, Wheeled Vehicle Mechanic / 1 year, 2 months, 7 days / Evidence of the record reflects the applicant had prior service in the USMC, however, the period of service cannot be verified with the available record. The Total Service reflects only the period under review. d. Prior Service / Characterizations: USMC, 28 May 2002 to 25 May 2006 / NIF e. Overseas Service / Combat Service: Okinawa (USMC) / None f. Awards and Decorations: NDSM, ASR (Awards noted by the applicant based on prior service in the USMC: NDSM, NUC, GWOTSM, OSR) g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Bill of Indictment, State of Georgia, County of White Bill, fax dated 29 June 2007, reflects the applicant was being charged and accused of five counts of "Violation Computer Pornography and Child Exploitation Act." i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 20 April 2007, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with: Adjustment Disorder with Conduct. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; self-authored statement. 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 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 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 record of service, 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. 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 contends the event that caused his discharge from the Army was committed off duty and on his own personal property. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends he still suffers from injuries he suffered while on active duty and an upgrade would allow him medical benefits; however, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. Further, eligibility for veteran's benefits to include medical care does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The applicant contends that he had good service. 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 is to be commended for his accomplishments. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): N/A b. The applicant presented the following additional contention(s): Applicant provided oral argument and statements in support of the contentions provided in written submissions and in support of previously submitted documentary evidence. c. Counsel / Witness(es) / Observer(s): N/A 10. BOARD DETERMINATION: In a personal appearance conducted at Arlington, VA on 5 October 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 AR20170009932 3