1. Applicant's Name: a. Application Date: 26 October 2017 b. Date Received: 30 October 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 or general (under honorable conditions). The applicant seeks relief contending, in effect, the applicant is a WG-11 machinist on Tinker AFB, and previously served in the Army in the 2-7 Calvary. The applicant states appreciation for the opportunity to show that the man he is now is not the boy he was then and had much to learn from separation from the military. The first two years after discharge, the applicant moved around, jumped from job to job and had no idea to do with life or where would be home. The applicant lived paycheck to paycheck and was always looking for the next best thing. The applicant states, he did not care about anyone, except himself. Towards the second year after discharge, the applicant met a woman who would become his wife. The applicant did not know right away, but she was the turning point in life. She pushed the applicant harder and believed in him when he had hit some of the lowest points in life. She recognized the signs of PTSD that the applicant suffers from and encouraged the applicant to seek help though a counselor. This help has dramatically changed the mind set and ability to not just get through day to day life, but to thrive. The applicant's wife not only turned his life around, but her family accepted him as their own. Her family has close relationships to the military and her father served twenty years in the Air Force and her brother serving twelve years in the Army National Guard. The applicant states, when asked about separation from the military by her family, it was that all too familiar feeling of dread. The applicant is and was, very proud to serve in the Army. The military gave him many experiences, but believes this discharge has taken away the honor as a Soldier and does not reflect the man he is today. The applicant has always been drawn towards the military and knew that he could no longer serve the country in the Armed Forces, but has pride in knowing that he is still contributing to the Armed Forces though machinist work at Tinker AFB. In the past five years, the applicant married his wife and purchased their first home and they were fortunate enough to bring a healthy baby girl into the world. The applicant loves his wife and daughter very much and he wants nothing, but the best for them and works hard every day to ensure they have all that they need. The applicant states that upgrading the discharge would give access to the GI Bill. The applicant would be able to return to school to further education and advance into the GS side of work on Tinker AFB. An upgrade, would open countless other doors by a reinstatement of the applicant's military benefits. These are just a few of the many reasons that the applicant would appreciate the chance to plead his case before the Board. The evidence of record reflects the applicant had a prior records review conducted at Arlington, VA on 11 January 2012. 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 the behavioral health condition of Adjustment Disorder; there is no diagnosis of PTSD in the applicant's medical files. Due to the nature of the behavioral health condition, it does not mitigate the multiple offenses. In a personal appearance hearing conducted at San Antonio, TX on 7 November 2018, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service, and post-service accomplishments. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (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: 12 October 2010 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 13 April 2010, the applicant was charged with: Charge I: Violation of the UCMJ, Article 80: The Specification: The applicant did, on or about 10 September 2009, attempt to engage in a sexual act: to wit: place his penis on the vulva of X, by using restraint applied to her body sufficient that she could not avoid or escape the sexual conduct. Charge II: Violation of the UCMJ, Article 107: The Specification: the applicant did, on or about 11 September 2009, with intent to deceive, make to Special Agent X, an official statement. to wit: "I had sexual intercourse with X," or words to that effect, which statement was totally false and then known by the applicant to be false. Charge III: Violation of the UCMJ, Article 112a: Specification 1: The applicant did, on or about 11 September 2009, wrongfully possessed 1-Benzylpiperazine, a schedule 1 controlled substance. Specification 2: The applicant did, between on or about 28 June 2009 and on or about 17 July 2009, wrongfully use 1-Benzylpiperazine, a schedule 1 controlled substance. (2) Legal Consultation Date: 17 September 2010 (3) Basis for Separation: Pursuant to the applicant's request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date/Characterization: 28 September 2010 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 September 2007 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 20 / GED / 101 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 3 years, 1 month, 6 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (14 June 2008 - 20 May 2009) f. Awards and Decorations: ICM-2CS, ARCOM, NDSM, GOWTSM, ASR, OSR g. Performance Ratings: NA 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: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; a self-authored statement; and five character statements. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states he has obtained and maintained employment and started a family. 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. 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 or general (under honorable conditions). 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 no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority at the time of discharge. The applicant contends that he suffers from PTSD and has sought counseling. However, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant contends that he was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant contends that an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does 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. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The third party statements provided with the application speak highly of the applicant's performance. They all recognize his good conduct after leaving the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 personal appearance hearing conducted at San Antonio, TX on 7 November 2018, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, to include combat service, and post-service accomplishments. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General Under Honorable Conditions 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 AR20170017668 5