1. Applicant's Name: a. Application Date: 15 July 2017 b. Date Received: 15 August 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, the discharge should be upgraded because the applicant defended oneself in a bar fight which was initiated because of racism against African Americans. The applicant was a knowledgeable Soldier and NCO, who dedicated a career to training and preparing Soldiers for combat. 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 anxiety and depressed mood/with disturbance of emotions and conduct, Alcohol Dependence, Antisocial Personality Disorder, Major Depressive Disorder, and Impulse Control Disorder. VA records indicate the applicant is 50% service-connected for Chronic Adjustment Disorder. The VA has also diagnosed the applicant with PTSD, Adjustment Disorder, mTBI, Alcohol Abuse, Cannabis Abuse, and Nicotine Abuse. In summary, although the applicant has a BH diagnosis, it is not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 22 March 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 11 July 2013 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 28 January 2013 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he unlawfully struck SGT M. on the head with a glass beer mug. (3) Recommended Characterization: The unit and intermediate commanders recommended a General (Under Honorable Conditions) discharge. The senior intermediate commander recommended an Under Other Than Honorable Conditions discharge. (4) Legal Consultation Date: 7 February 2013 (5) Administrative Separation Board: The applicant conditionally waived his right to an administrative separation board, if the separation authority separates him with a character of service of honorable. On 16 April 2013, the separation authority reviewed his administrative separation packet and his conditional waiver; he denied the applicant's conditional waiver. On 18 April 2013, the applicant was notified to appear before an administrative separation board and advised of his rights. On 3 May 2013, the administrative separation board convened. The applicant appeared with counsel. The board recommended the applicant be discharged with issuance of a characterization of service of under other than honorable conditions. (6) Separation Decision Date / Characterization: 14 June 2013 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 January 2011 / 3 years b. Age at Enlistment / Education / GT Score: 26 years / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-5 / 11C20, Indirect Fire Infantryman / 11 years, 8 months, 3 days d. Prior Service / Characterizations: ARNG, 9 October 2001 to 10 July 2002 / NA ARNG, 11 July 2002 to 7 June 2003 / NA IADT, 8 June 2003 to 28 October 2003 / HD ARNG, 29 October 2003 to 2 January 2005 / NA AD, 3 January 2005 to 15 May 2006 / HD ARNG, 16 May 2006 to 21 June 2007 / HD RA, 22 June 2007 to 11 January 2011 / HD e. Overseas Service / Combat Service: SWA / Kuwait / Iraq (15 May 2005 to 19 April 2006) f. Awards and Decorations: ARCOM, AAM-2, AGCM, NDSM, ICM-2CS, GWOTSM, AFRM-M DEV, NOPDR, ASR, OSR, IL-LMF g. Performance Ratings: 15 February 2011 to 14 February 2012, Fully Capable 15 February 2012 to 5 April 2012, Marginal h. Disciplinary Action(s) / Evidentiary Record: An administrative General Officer Memorandum of Reprimand (GOMOR), dated 18 December 2008, for his misconduct on 15 June 2008, when authorities in Richmond County, Georgia, apprehended him for operating a motor vehicle while apparently under the influence of alcohol. Military Police Report, dated 16 March 2013, revealed the applicant was under investigation for strangulation 2nd degree, endangering the welfare of a child, criminal possession of a weapon 4th degree, criminal mischief 4th degree, assault 2nd degree, and domestic disturbance, off post. FG Article 15, dated 23 March 2012, for unlawfully striking SGT M.R.M., on the head with a glass beer mug (31 March 2012); reduction to SPC / E-4, forfeiture of $1,181 pay for two months, extra duty and restriction for 45 days and an oral reprimand. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 4 December 2012, relates that the applicant had an Axis I, diagnosis of adjustment disorder with depressed mood and Axis II, antisocial personality disorder. He was screened for PTSD and TBI; these conditions were either not present or, if present, do not meet AR 40-501 criteria for a medical evaluation board. He met medical retention standards per AR 40-501 and was cleared for administrative separation. 5. APPLICANT-PROVIDED EVIDENCE: Online application (six pages). 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. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, misconduct (serious offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 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 the characterization of service from under other than honorable conditions to honorable and a change to the narrative reason for separation. The applicant's record of service and the issues submitted with his application were carefully reviewed. The record confirms 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. By the misconduct (serious offense), the applicant diminished the quality of his service below that meriting a general (under honorable conditions) or an honorable discharge at the time of separation. 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 requests a change to the narrative reason for separation. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, misconduct (serious offense). The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, he feel his discharged should be upgraded because he defended himself in a bar fight which was initiated because of racism against African Americans. Although the applicant alleges that he was a victim of racism during his military service, there is no evidence in his military records and the applicant has not provided sufficient evidence supporting this contention. Therefore, this argument is not sufficient to support his request for an upgrade of his discharge. The applicant further contends, he was a knowledgeable Soldier and NCO, who dedicated his career to training and preparing Soldiers for combat. The applicant's service accomplishments and the quality of his service prior to the incident that caused the initiation of discharge proceeding were carefully considered. Notwithstanding the propriety of the applicant's discharge, the service record indicates that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as 4. The discharge packet confirms the separation authority approved the discharge by reason of misconduct (serious offense). Soldiers processed for misconduct (serious offense) will be assigned an SPD Code of JKQ and an RE Code of 3. 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 22 March 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 AR20170012322 1