1. Applicant's Name: a. Application Date: 20 September 2017 b. Date Received: 3 October 2017 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of under other than honorable conditions discharge to honorable and a narrative reason change. The applicant seeks relief contending, in effect, there were errors of propriety and equity made in the discharge process. However, applicant raised no issues of propriety or equity for the Board's consideration. The evidence of record reflects the applicant had a prior records review conducted at Arlington, VA on 13 May 2016. Per the Board's Medical Officer and 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 the following Behavioral Health (BH) related conditions: Anxiety, Depression, Marital Problem, History of concussion, mild TBI and PTSD. Veteran Affair (VA) records indicate the applicant has been found to be 40% service connected; 30% for migraine headache, 10% for Generalized Anxiety Disorder and 10% for Traumatic Brain disease. While the applicant has been diagnosed with PTSD and mild TBI, neither of these conditions is mitigating for the misconduct that led to separation from the Army. In a personal appearance hearing conducted at Arlington, VA on 29 October 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: 10 October 2014 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 9 September 2014, the applicant was charged with: Charge I: Four specifications of violating Article 107, UCMJ, for: Specification 1: The applicant, did, on or about 2 July 2012, with intent to deceive, sign an official record, to wit: DA Form 5960, Authorization to Start, Stop, or Change Basic Allowance for Quarters, which record was false in that the applicant's spouse did not live in San Francisco, and was then known by the applicant to be so false. * Specification 2: The applicant, did, on or about 6 July 2012, with intent to deceive, sign an official record, to wit: DD Form 1351-2, Travel Voucher or Sub voucher, which record was false in that the applicant did not travel to San Francisco, and was then known by the applicant to be so false. Specification 3: The applicant, did, on or about 6 July 2012, with intent to deceive, submit an official record, to wit: DD Form 93, Record of Emergency Data, which record was false in that his spouse did not live in San Francisco, and was then known by the applicant to be so false. Specification 4: The applicant, did, on or about 22 April 2013, with intent to deceive, sign an official record, to wit: DD Form 93, Record of Emergency Data, which record was false in that the applicant's spouse did not live in San Francisco, and was then known by the applicant to be so false. Charge II: Violation of the UCMJ, Article 121: The Specification: The applicant, did, between on or about 2 July 2012 and on or about 9 April 2014, steal military property, of: a value of about $37,500.00, the property of the U.S. Army. Charge III: Violation of the UCMJ, Article 132: The Specification: The applicant, did, on or about 6 July 2012, by preparing a voucher for presentation for approval and payment, make a claim against the United States in the amount of $2,653.32 for a travel voucher for travel to San Francisco, which claim was fraudulent in the amount of $2,653.32, in that the applicant had not traveled to San Francisco, and was then known by applicant to be false and fraudulent. (2) Legal Consultation Date: 10 September 2014 (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: 30 September 2014 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 March 2012 / 4 years b. Age at Enlistment / Education / GT Score: 27 / HS Graduate / 114 c. Highest Grade Achieved / MOS / Total Service: E-6 / 88M10, Motor Transport Operator / 11 years, 2 months, 10 days d. Prior Service / Characterizations: RA, 19 July 2003 - 11 January 2007 / HD RA, 12 January 2007 - 19 February 2009 / HD RA, 20 February 2009 - 31 March 2010 / HD RA, 1 April 2010 - 1 March 2012 / HD e. Overseas Service / Combat Service: Korea, Germany, SWA / Iraq (8 January 2004 - 5 January 2005 / 16 August 2006 - 21 September 2007) f. Awards and Decorations: ARCOM-3, AAM-4, AGCM-3, NDSM, ICM-2CS, GWOTSM, GWOTEM, KDSM, NCOPDR-2, ASR, ASR, OSR-3, CAB, MUC g. Performance Ratings: 13 April 2011 - 12 April 2013, Fully Capable 13 April 2013 - 12 April 2014, Marginal 14 April 2014 - 30 September 2014, Fully Capable 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: The applicant submitted evidence during his previous records review application: memorandum for record, dated 28 August 2014, refers to being seen in a TBI clinic, in pertinent part, for headaches and memory problems, and occupational therapy for psychology for anxiety; memorandum for record, dated 10 September 2014, indicates it was determined the applicant would benefit from ongoing behavioral health support to treat symptoms of mood dysregulation and PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Case Separation packet. 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. 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 and a narrative reason change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The applicant raised no specific issues of propriety or equity for the Board's consideration 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 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 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 Arlington, VA on 29 October 2018, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 AR20170019079 3