1. Applicant's Name: a. Application Date: 5 March 2017 b. Date Received: 23 March 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 general (under honorable conditions). The applicant seeks relief contending, in effect, that he would like an upgrade of his discharge for the purpose of being able to get needed medical care and obtain employment. He contends that his punishment was too harsh for the reason of his discharge. He was given an under other than honorable conditions discharge for lying on a sworn statement. He completed his contract of 4 years and 6 months and deployed to Afghanistan with his unit where he was promoted to E-4 with a waiver. Therefore, he believes he took his military career seriously. Per the Board's Medical Officer, based on the information available for review at the time, case file, AHLTA and JLV were reviewed. AHLTA indicates extensive Behavioral Health history. Applicant initially seen by BH in Jan 2014 after his deployment to Afghanistan (2012-2013). Diagnosed with Adjustment Disorder with disturbance of conduct. Reported he had been feeling angrier since returning from Afghanistan. Reported he had been late to work 12 times and had completely missed work once because he did not feel like going. During the weekends, he reports he feels "fine". In May 2014, he presented to BH with increased anger, nightmares several times a week about rockets (not an actual event) and insomnia. Reported his brother also had anger issues. He was diagnosed with Adjustment DO with anxiety and depression and prescribed Effexor and Ambien. His CAGE screen was positive at 4/4. His PCL-C was elevated at 72; the BH provider felt that this score was artificially elevated due to applicant not understanding the questions correctly. In Jan 2014, he underwent a separation MSE for Chapter 14 separation for failure to report. He was found to meet retention requirements. He stated he was drinking 1/2 bottle of liquor 4-5 times a week. His PCL-C in Aug 2014 was 42. During this visit, he reported he was now drinking a whole bottle of liquor at a time. He agreed to go to ASAP where he was diagnosed with Alcohol Dependence. He underwent a psychiatric assessment on 15 Aug 2014 which indicated he had some trauma symptoms (intrusive memories, nightmares, avoidance, increased arousal) and depressive symptoms. He was diagnosed with Adjustment DO, rule out PTSD, and Alcohol Dependence. He was started on an antidepressant and a sleeping medication. IN Sept 2014, he reported he was getting a divorce because of his wife's infidelity. He also reported he had kept on drinking despite being in ASAP. ASAP documented that he was being separated via Chap 14-12 because he had so many open court cases. In Oct 2014, the applicant, he was admitted to inpatient psych unit because of homicidal ideation toward his commander who had told him he was being discharged via Chp 14 instead of chapter 9. This BH note also indicated that the applicant was being investigated by CID for possible child pornography and solicitation of a minor. In Oct 2014, his PCL was 66. In Dec 2015, a MEB for his back issues was started. IN Jan 2016, he was sent back to ASAP after he had a positive urine drug screen for codeine. (He had had a previous positive which the MRO found to be legitimate use). VA records indicate he has been diagnosed with Anxiety DO, unspecified, Depressive DO, unspecified and Cannabis Use DO. Due to the Basis for Separation not being in file, no statement regarding possible medical mitigation can be made at this time. In a records review conducted at Arlington, VA on 29 June 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: In Lieu of Trial by Court-Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 22 August 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 29 July 2016 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 January 2012 / 4 years, 24 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate /100 c. Highest Grade Achieved / MOS / Total Service: E-4 / 42A10, Human Resources Specialist / 4 years, 6 months, 23 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (23 November 2012 to 19 August 2013) f. Awards and Decorations: ACM-CS, NDSM, GWOTSM, ASR, OSR, NATOMDL g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his under other than honorable conditions discharge to general (under honorable conditions). The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the completed 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 635-200, Chapter 10, by reason of In Lieu of Trial by Court-Martial, with a characterization of service of under other than honorable conditions. Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the DD Form 214 shows a Separation Code of KFS (i.e., in lieu of trial by court-martial) with a reentry eligibility (RE) code of 4. The applicant seeks relief contending that his punishment was too harsh for the reason of his discharge. He was given an under other than honorable conditions discharge for lying on a sworn statement. He completed his contract of 4 years and 6 months and deployed to Afghanistan with his unit where he was promoted to E-4 with a waiver. Therefore, he believes he took his military career seriously. The applicant's contentions were noted; however, it is unknown if these contentions have merit because the facts and circumstances leading to the discharge are not contained in the service record. The burden of proof remains with the former Soldier to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. It should also be noted there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. 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 evidence in support of this request for an upgrade of the discharge. If the applicant desires a personal appearance hearing, it will be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) 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. The applicant expressed his desire for an upgrade of his discharge for the purpose of being able to get needed medical care and obtain employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Also eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill do 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. 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 that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 29 June 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 AR20170010963 3