1. Applicant's Name: a. Application Date: 19 May 2016 b. Date Received: 15 May 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests and upgrade of his under other than honorable conditions discharge to honorable and a change to his narrative reason for discharge. The applicant contends his post-service conduct has been exemplary, he suffered from depression and anxiety, he should have been discharged under an MEB/PED and he was a battered spouse. Per the Board's Medical Officer, a voting member, based on the information available for review in the service record, AHLTA, and JLV, the applicant was diagnosed with behavioral health conditions of Adjustment Disorder, Depression, Marital Problem and Partner Relational Problem. However, due to the nature of the behavioral health conditions, they do not mitigate the offenses of communicating threats. In a travel panel hearing conducted in Sacramento, CA on 19 September 2018, and by a 5-0 vote, the board determined the applicant's discharge was improper based on the applicant's quality of service, to include combat service, a prior period of honorable service, the circumstances surrounding the discharge (i.e. in-service diagnosis of behavioral health conditions). Therefore, the discharge being improper the Board granted relief in the form of an upgrade of the characterization of service to honorable, and a change to the narrative reason for separation to Secretarial Authority under the provisions of Chapter 5, Paragraph 5-3, AR 635- 200, with a corresponding separation (SPD) code of JFF and the reentry code to RE-1. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: In Lieu of Trial by Court-Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 18 December 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 November 2006 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 29 November 2006, the applicant was charged with communicating to his chain of command a threat that he would hunt them down and kill them, kill them all or words to that effect on 18 November 2006; and Communicating to his chain of command a threat that he would find them, find some way to make them pay, find some way to make them miserable, and they would be sorry or words to that effect on 18 November 2006. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 29 November 2006 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 30 November 2006 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 August 2005 / 6 years b. Age at Enlistment / Education / GT Score: 19 / GED / 124 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 2 years, 11 months, 6 days d. Prior Service / Characterizations: RA, 13 January 2004 to 3 August 2005 / HD e. Overseas Service / Combat Service: SWA / Iraq (1 October 2004 to 1 January 2005) f. Awards and Decorations: AAM, CIB, EIB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c 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 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 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 "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 10, in lieu of trial by court-martial. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4. 8. DISCUSSION OF FACT(S): The applicant requests and upgrade of his under other than honorable conditions discharge to honorable and a change to his narrative reason for discharge. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. The applicant, in consultation with legal counsel voluntarily requested, in writing, a discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense, and he indicated he understood he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veterans' benefits. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. His record documents several acts of achievement; however, it did not support the issuance of an honorable or a general discharge by the separation authority at the time of discharge. The applicant requested a change to his narrative reason for discharge. However, based on the foregoing, the appropriate SPD code and narrative reason to assign enlisted Soldiers who are discharged in lieu of trial by court-martial is "KFS" and the RE code is 4. The regulation further stipulates that no deviation is authorized. The applicant submitted no issues of equity or propriety to be considered by the board. 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): None. b. The applicant presented the following additional contention(s): None. c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a travel panel hearing conducted in Sacramento, CA on 19 September 2018, and by a 5-0 vote, the board determined the applicant's discharge was improper based on the applicant's quality of service, to include combat service, a prior period of honorable service, the circumstances surrounding the discharge (i.e. in-service diagnosis of behavioral health conditions and improper medical care). Therefore, the discharge being improper the Board granted relief in the form of an upgrade of the characterization of service to honorable, and a change to the narrative reason for separation to Secretarial Authority under the provisions of Chapter 5, Paragraph 5-3, AR 635-200, with a corresponding separation (SPD) code of JFF and the reentry code to RE-1. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, paragraph 5-3 e. Change SPD / RE Code to: JFF / RE-1 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 AR20170010231 3