1. Applicant's Name: a. Application Date: 30 May 2017 b. Date Received: 5 June 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. The applicant seeks relief contending, in pertinent part and in effect, the record will reflect that the applicant has always maintained an honorable conduct during 14 years of service. All evaluation records reflect great performance. The reason for discharge was due to a false accusation of a crime the applicant did not commit. The civil matter the applicant is appealing will continue all the way to the Supreme Court. The applicant has been abandoned to fight independently, but will persevere. 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 had the following BH diagnoses: Anxiety Disorder NOS, Depression, Major Depressive Disorder, Other Specified Family Circumstances, and Parent-Child Problem. A C&P in March 2018 specifically indicated the applicant did not have PTSD. The applicant is not service-connected at this time. In summary, the applicant does not have BH diagnosis that 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, Paragraph 4-2b / JNC / NA / Under Other Than Honorable Conditions b. Date of Discharge: 23 September 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: Under Other Than Honorable Conditions (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 Appointment: 18 February 2010 / WO Aviation MRD: 31 July 2036 b. Age at Appointment / Education / GT Score: 42 / NIF / NA c. Highest Grade Achieved / MOS / Total Service: WO-2 / 919A0, Engineer Equipment Maintenance Warrant Officer / 12 years, 15 days d. Prior Service / Characterizations: RA (23 January 2002 to 15 February 2004) / HD RA (16 February 2004 to 15 March 2007) / HD RA (16 March 2007 to 27 January 2009) / HD RA (28 January 2009 to 17 February 2010) / HD e. Overseas Service / Combat Service: SWA, Haiti / Iraq (28 August 2003 to 3 March 2004), (14 August 2006 to 9 November 2007), (1 December 2008 to 7 November 2009) f. Awards and Decorations: ARCOM-4; AAM-2; AGCM-3; NDSM; ICM-4CS; GWOTSM; HSM; OSR-2; CAB; USA/USAF PUC g. Performance Ratings: Six OERS rendered during period of service under current review: 4 October 2010 thru 17 February 2011, Outstanding Performance, Must Promote 17 February 2011 thru 15 July 2011, Outstanding Performance, Must Promote 1 September 2011 thru 1 March 2012, Outstanding Performance, Must Promote 2 March 2012 thru 31 December 2012, Outstanding Performance, Must Promote 1 January 2014 thru 21 May 2014, Proficient 22 May 2014 thru 14 November 2014, Capable h. Disciplinary Action(s) / Evidentiary Record: DA Form 4187 (Personnel Action), dated 28 June 2013, indicates the applicant's duty status changed from PDY to Confined by Civilian Authorities, effective 23 June 2013. Discharge Orders i. Lost Time / Mode of Return: 965 days (NIF: (24 June 2013 to 2 February 2014, for 224 days), (21 March 2014 to 30 March 2014, for 10 days), (24 September 2014 to 23 September 2016, for 731 days) / each occurrences NIF j. Diagnosed PTSD / TBI / Behavioral Health: The applicant's documentary evidence: VA Form 21-526EZ (Fully Developed Claim (Compensation)) with list of claimed disabilities, dated 8 August 2017, shows being diagnosed with mild PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 30 May 2017, and VA Form 21-526EZ (Fully Developed Claim (Compensation)) with list of claimed disabilities, dated 8 August 2017. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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 (under honorable conditions), 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 "JNC" as the appropriate code to assign officer personnel who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4, paragraphs 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 his under other than honorable conditions discharge to honorable. The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. 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, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The applicant's contentions were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service or the merit of his issues. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further sufficient evidence in support of this request for an upgrade of the discharge. In consideration of the applicant's service accomplishments and quality of his service prior to any incidents of misconduct, the Board can find that his complete period of service and accomplishments were or not sufficiently mitigating to warrant an upgrade of his characterization of service. Although the applicant did not directly present any behavioral health issues but through his documentary evidence, a careful review of the available record and the applicant's documentary evidence indicates his claim to be compensated for a mild PTSD. If further review of any available medical records, the Board can determine if the applicant's behavioral health issues were significant contributing factors; however, there is no record available to determine the applicability of his PTSD claim. 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 documentary evidence of his behavioral health and/or PTSD diagnoses) 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. 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 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 AR20170009935 1