1. Applicant's Name: a. Application Date: 30 January 2018 b. Date Received: 5 February 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, that the discharge was the result of PTSD received while on deployment in Baghdad, Iraq in 2008 as a Mortuary Affairs Specialist (92M). The applicant abused alcohol to help cope and ultimately resulted in discharge from a rare uncharacteristic incident while in an alcoholic blackout. The applicant took and maintained full responsibility for the actions that led to discharge which the applicant deeply regretted. Upon discharge on 10 May 2010, the applicant sought and continues to receive mental health counseling with Veterans Affairs. The applicant has permanently abstained from alcohol as an active member of Alcoholics Anonymous, enrolled in graduate school, received a Master's Degree, and has maintained a consistent work ethic as a full time Hospice Chaplain since 2012. 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 Major Depressive Disorder, Anxiety, Adjustment Disorder, and Substance Abuse. The applicant does not currently have a service-connected rating from the VA. 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 10 May 2019, and by a 4-1 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 May 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 February 2010 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 17 February 2010, the applicant was charged with the following offenses: Wrongfully engaging in sexual contact, to wit: attempting to pull down the pants, take off the shirt, and grab the groin of Specialist J.W., without permission on or about 23 August 2009; Wrongfully engaged in sexual contact, to wit: attempted to touch the inner thigh by grabbing the upper right thigh of Private First Class K.K., without permission on 23 August 2009; Wrongfully engaged in sexual contact, to wit: touching of the buttocks of Private First Class M. C., without permission on 23 August 2009; and Assaulted Private First Class J. P, by rubbing his shoulders on 23 August 2009 (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 20 April 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 3 May 2010 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 October 2009 / 2 years b. Age at Enlistment / Education / GT Score: 46 / College Degree / 97 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92M10, Mortuary Affairs Specialist / 14 years, 5 months, 25 days d. Prior Service / Characterizations: USNR, 13 February 1991 to 12 February 1993 / HD USNRPC, 13 February 1993 to 16 November 2001 / HD USNR, 17 November 2001 to 30 November 2002 / HD USNR, 1 December 2002 to 4 September 2006 / HD RA, 5 September 2006 to 30 September 2009 / HD e. Overseas Service / Combat Service: SWA / Iraq (5 January 2008 to 30 September 2009) f. Awards and Decorations: ARCOM, JMUA, NDSM-2, SWASM-BS, GWOTSM, ICM- CS, ASR, AFRM-M Device, Navy Sea Service Deployment Ribbon g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Army Substance Abuse Program (ASAP) Enrollment, which shows the applicant was self-enrolled as a result of being unable to quit drinking on his own. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Medical Hospital Discharge Summary, dated 9 November 2009, shows the applicant was diagnosed with an Axis I for major depression, recurrent, severe, without psychotic features and alcohol dependence, Axis III, gastritis secondary to alcoholism, and Axis IV, psychosocial stressors: job stress. Chronological Record of Medical Care, dated 15 January 2009, shows the applicant suffer with problems of chronic depression, alcoholism, and adjustment disorder with anxiety and depressed mood. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge he has received mental health counseling with Veterans Affairs. He has permanently abstained from alcohol as an active member of Alcoholics Anonymous, enrolled in graduate school, received a Master's Degree, and has maintained a consistent work ethic as a full time Hospice Chaplain since 2012. 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. 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 several acts of significant achievements; however, it appears it did not support the issuance of an honorable discharge by the separation authority at the time of discharge. The applicant seeks relief contending that his discharge was the result of PTSD he received while on deployment in Baghdad, Iraq in 2008 as a Mortuary Affairs Specialist (92M). He contends he abused alcohol to help cope and ultimately resulted in his discharge from a rare uncharacteristic incident while in an alcoholic blackout. He took and maintain full responsibility for the actions that led to his discharge which he deeply regretted. Upon his discharge on 10 May 2010 he sought and continue to receive mental health counseling with Veterans Affairs. He has permanently abstained from alcohol as an active member of Alcoholics Anonymous, enrolled in graduate school, received a Master's Degree, and has maintained a consistent work ethic as a full time Hospice Chaplain since 2012. The applicant's contentions were noted; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his misconduct was the result of his suffering from PTSD. The records contains documents indicating that the applicant suffered from problems of chronic depression, alcoholism, and adjustment disorder with anxiety and depressed mood. However, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. The record does not contain any indication or evidence of arbitrary or capricious actions by the command 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. 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 10 May 2019, and by a 4-1 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 AR20180003158 1