1. Applicant's Name: a. Application Date: 8 August 2017 b. Date Received: 10 August 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, a narrative reason change, a reentry eligibility (RE) code change and a reinstatement of his rank. The applicant seeks relief contending, in effect, he served nearly 16 years and he began serving the country prior to 9/11. He states, his only goal in life was to become a Soldier and during his years of active duty service, he never received any form of punishment. His feelings towards the military still remain positive and it had given him a great life, which he fully appreciates. He states, in 2012, he had separated from his wife, prior to him being stationed at Fort Meade. They decided to live in different locations, but not divorce to give each other time to reconsider their decision. He states, within the first year, it was a silent acknowledgement that they were happier without each other. In 2014, his daughter passed away, which took a toll on him for the worst. Through all of that, he still dedicated his life to the military and carried on with the mission. Divorce was too touchy of a subject for his wife and after his daughter had passed away, they left matters the way they were. He was never the same following her death where he worked long hours, hardly ate, went into seclusion and shutout many people from his life. In December 2014, it was brought to his unit's attention, from an outside source, that he was having an affair with multiple people, other than his wife. Upon out-processing of his last command, he never had a chance speak with mental health regarding his mental state. He believed that as an E-7, he was supposed to be strong for his Soldiers. His final medical assessment reflected that he should speak to a psychiatrist, but the brigade commander wanted him gone as soon as possible. He states that hardly anyone from his chain of command knew that he was married, up until his daughter's passing. He understands the military's policy on adultery and it changes depending on whatever command belong to. The Criminal Investigations Division (CID) was involved and started their research into his background to realize that he was living his own life and having other relationships. His wife knew and was fully aware of all his other relationships because they were separated, but not officially divorced. He requested a Chapter 10, voluntary separation, in lieu of court martial, which was his only choice. He believed that his unit did the best they could, but this matter was above out of their control. The CID contacted his wife to see if she wanted to prosecute him, to which she responded no. He states, he gave his life to the military and he had a flawless record; no negative marks or demerits, however, it came down to the final straw of reduction in rank to E-1 and forfeiture of everything he had attained in nearly 16 years of service. He states, every command that he was a part of, he excelled with flying colors. Every Soldier and civilian was pleased with his performance and he could always be counted on for anything. He believes his case was very harsh to the extent of his characterization of service. He was not given a stage to defend his case and he believe that a court-martial was too extreme. He had fellow service members ready and willing to write a letters of recommendation on his behalf, but he transitioned prior to that happening. He states that he would love a chance to retain his rank, character of his discharge and RE coding. He was close to retirement and he was even considering the early retirement, but he knew that was not an option with how things were going. 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 does not have a behavioral health condition. The basis for separation not being in the applicant's file, a nexus between OBH and the misconduct cannot be determined. The applicant admits his separation was due to adultery which would not be mitigated under any behavioral health condition. In a records review conducted at Arlington, VA on 14 September 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: 1 November 2016 c. Separation Facts: (1) DD Form 458 (Charge Sheet): NIF (2) Legal Consultation Date: NIF (3) Basis for Separation: NIF (4) Recommended Characterization: NIF (5) Separation Decision Date/Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 October 2013 / Indefinite b. Age at Enlistment / Education / GT Score: 29 / HS Graduate / 90 c. Highest Grade Achieved / MOS / Total Service: E-7 / 35Q18 E4, Cryptologic Network Warfare Specialist / d. Prior Service / Characterizations: RA, 25 May 2001 - 11 July 2004 / HD RA, 12 July 2004 - 22 July 2007 / HD RA, 23 July 2007 - 8 February 2009 / HD RA, 9 February 2009 - 21 November 2010 / HD RA, 22 November 2010 - 2 October 2013 / HD e. Overseas Service / Combat Service: United Kingdom / None f. Awards and Decorations: JSCM, JSAM, JMUA, USAFOUA, AGCM-5, NDSM, GWOTSM, NCOPDR-3, ASR, OSR g. Performance Ratings: 3 November 2013 - 2 November 2014 / Fully Capable 3 November 2014 - 8 July 2015 / Fully Capable 9 July 2015 - 17 November 2015 / Among The Best 18 November 2015 - 14 August 2016 / Qualified 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: Online application, with all allied documents listed in the supporting documentation information section of the application. 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. 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, a narrative reason change, a reentry (RE) code change and a reinstatement of his rank. 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 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 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, 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 requests to reinstate his rank. However, the applicant's requested change to the DD Form 214 in reference to his rank does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 10, AR 635-200, with a under other than honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "In Lieu of Trial by Court-Martial," and the separation code is "KFS." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant desires to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 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 applicant's contentions about his discharge was based on prejudice was carefully considered. However, 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. The applicant further contends he was not afforded the opportunity to attend mental health regarding his mental state. However, the available record does not contain any indication or evidence of arbitrary or capricious actions by the command in reference to the applicant seeking mental health care and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. 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. 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 14 September 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 AR20170012137 3