1. Applicant's Name: a. Application Date: 27 September 2017 b. Date Received: 2 October 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. The applicant seeks relief contending, in pertinent part and in effect, his separation was due to substance abuse. He also developed a drinking problem as a result of his PTSD. He attended a rehabilitation program. He has stayed drug and alcohol free. He is currently seeking help with a VA clinic. It has been difficult obtaining employment and benefits with his current discharge. He is returning to school to become a substance abuse counselor. He was a great Soldier and a leader. He became a victim of drugs and made poor decisions. 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 OBH and PTSD conditions. However, due to the basis for separation not being in the applicant's file, a nexus between PTSD/OBH and the misconduct cannot be determined. Furthermore, a behavioral health disorder is not reasonably related to the misconduct of wearing an unauthorized Ranger and Sapper tab. In a records review conducted at Arlington, VA on 28 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: 27 January 2014 c. Separation Facts: (1) DD Form 458 (Charge Sheet): NIF; a charge sheet with preferral of charge(s) would have been initiated with recommendations to refer to trial by a special court-martial empowered to adjudge a bad conduct discharge or a general court-martial (referral NIF). (2) Legal Consultation Date: NIF (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: 10 January 2014 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 March 2012 / 3 years b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / 98 c. Highest Grade Achieved / MOS / Total Service: E-5 / 19D10, Cavalry Scout / 7 years, 10 months, 1 day d. Prior Service / Characterizations: ARNG (27 March 2006 to 4 June 2006) / NA IADT (5 June 2006 to 26 October 2006) / UNC ARNG (27 October 2006 to 13 April 2008) / NA OIF MOB (14 April 2008 to 20 December 2008) / HD ARNG (21 December 2008 to 11 November 2009) / HD RA (12 November 2009 to 7 March 2012) / HD e. Overseas Service / Combat Service: SWA / Kuwait/Iraq (1 June 2008 to 20 November 2008) f. Awards and Decorations: ARCOM-2; AAM; ARCAM; AGCM; NDSM; ICM-CS; GWOTSM; NCOPDR; ASR; OSR; AFRM-M DEV g. Performance Ratings: Two NCOERs rendered during period of service under current review: 8 March 2008 to 30 November 2012, Fully Capable 1 December 2012 to 8 July 2013, RFC, Marginal h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 8 July 2013, for failing to go to his appointed place of duty at the prescribed time on 11 June 2013, and on two separate occasions wore unauthorized Sapper Tab and Ranger Tab on his uniform on 10 June 2013. The punishment consisted of a reduction to E-4; forfeiture of $1,201 pay per month for two months (suspended), 45 days of extra duty, and 45 days of restriction (suspended). i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD form 293 (Application for the Review of Discharge), dated 27 September 2017. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. AR 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. The applicant's available record of service and the issues submitted with his application were carefully reviewed. The applicant's service record is void of the complete facts and circumstances of the events which led to his discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of Chapter 10, AR 635-200, for discharge "In Lieu of Trial by Court-Martial." Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant's contentions regarding his behavioral health issues; wherein, his misconduct was due to his PTSD, were carefully considered. However, the service record does not support the applicant's claim for any behavioral health issues or PTSD diagnoses, nor did the applicant provide any documentary evidence of any behavioral health or PTSD diagnoses. If the applicant desires a personal appearance hearing, it would be his responsibility to meet the burden of proof and provide the appropriate documents (i.e., his complete separation packet, and documentary evidence of any behavioral health diagnoses and PTSD diagnosis) for the Board's consideration because they are not available in the official record. The applicant contends he was a great Soldier and a leader. In consideration of the applicant's service accomplishments and quality of his service prior to any incidents of misconduct, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant has expressed his desire to have better job opportunities and for veterans' benefits. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, 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. 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 the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 28 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 AR20170017726 5