1. Applicant's Name: a. Application Date: 12 April 2018 b. Date Received: 11 June 2018 c. Counsel: 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, served 13 years and deployed on five separate occasions. The applicant contends the ERB shows the dedication to duty and service. The applicant was found "Not Guilty" at a General Court Martial but was ultimately discharged with an under other than honorable conditions discharge. The applicant was reduced in rank to E-1 which should not have happened. The applicant has received four ARCOMs, two AAMs, and the AGCM and several others. On the ERB each duty title the applicant held was in a leadership position. Baghdad, Diwaniyah, Kuwait, and Fort Riley were all hazardous environments where lives were at risk. The applicant performed duties in an honorable fashion but could not get the basic assistance for housing and medical. The applicant has issues related to service that prevents the applicant from gainful employment. The applicant was denied the right to be seen by a doctor because of qualification issues. The medical records were lost so all information on the conditions was lost. The applicant's leave days were forfeited and they should not have been. The applicant has been denied all services as if the applicant never went to Iraq or served the country honorably. 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 depressed mood/with disturbance of emotions and conduct, Anxiety Disorder NOS, and Nicotine Dependence. The VA has diagnosed the applicant with PTSD and Adjustment Disorder with anxiety. In summary, the applicant's BH diagnoses are not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 5 December 2019, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of PTSD and OBH), and as a result it is inequitable. 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 17 March 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 30 October 2008 (2) Basis for Separation: The applicant was informed of the following reasons: for stealing three PlayStation Video Games from the Fort Knox PX on 16 September 2007; Wrongfully having sexual intercourse with W.T., a married woman not his wife between 1 June 2008 and 30 June 2008; and Being arrested for driving without a valid driver's license on 6 May 2008. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 18 November 2008 (5) Administrative Separation Board: On 3 December 2008, the applicant's case was referred to a hearing before an Administrative Separation Board appointed in accordance with AR 635-200, Chapter 2, paragraph 2-5(c)(1). On 30 January 2009, the applicant appeared before the administrative separation board with legal counsel. The board having carefully considered the evidence before it, found that the allegation of theft of play station video games on 16 September 2007; having sexual intercourse with a married woman not his wife between 1 June 2008 and 30 June 2008, and driving without a driver's license on 6 May 2008, as stated in the notice of proposed separation supported by a preponderance of the evidence. In view of the findings, the board recommended that the applicant be separated form the United States Army with an under other than honorable conditions characterization of service. (6) Separation Decision Date / Characterization: On 10 February 2009, the findings and recommendation of the Board of Officers was approved. It was directed that the applicant be discharged with a characterization of service of Under Other Than Honorable Conditions. It was also directed that he be reduced to the lowest enlisted grade UP AR 600-8-19. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 July 2007 / 3 years b. Age at Enlistment / Education / GT Score: 27 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-4 / 68W10, Health Care Specialist / 12 years, 4 months, 13 days d. Prior Service / Characterizations: USAR, 5 November 1996 to 1 April 2002 / NA RA, 2 April 2002 to 4 April 2004 / HD 5 April 2004 to 19 July 2007 / HD e. Overseas Service / Combat Service: SWA / Kuwait (2 May 2002 to 31 October 202), Iraq (4 March 2003 to 13 July 2003; 17 June 2004 to 17 June 2005; 10 January 2008 to 11 April 2008) f. Awards and Decorations: ARCOM-4, AGCM, NDSM, AFEM, GWOTEM, GWOTSM, ICM-CS-2, ASR, OSR-3, CMB g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 6 May 2008, which shows the applicant was the subject of investigation for driver license required. Military Police Report, dated 17 September 2008, which shows the applicant was the subject of investigation for assault and aggravated assault. Counseling statement for driving without a valid license and not informing his chain of command about his situation. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; separation orders; Enlisted Record Brief (ERB); DD Form 214 for a prior period of service; and DD Form 214 for the period of service under review. 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. 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 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. 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 seeks relief contending that he served 13 years and deployed on five separate occasions. The applicant contents his ERB shows his dedication to duty and service. He was found "Not Guilty" at a Genera Court Martial but was ultimately discharged with an under other than honorable conditions discharge. He was reduced in rank to E-1 which should not have happened. He has received four ARCOMs, two AAMs, and the AGCM and several others. On his ERB each duty title he held was in a leadership position. Baghdad, Diwaniyah, Kuwait, and fort Riley were all hazardous environments where lives were at risk. He contends he performed his duties in an honorable fashion but could not get the basic assistance for housing and medical. He has issues related to his service that prevents him from gainful employment. He was denied the right to be seen by a doctor because of qualification issues. His medical record were lost so all information on his conditions was lost. His leave days were forfeited and they should not have been. He has been denied all services as if he never went to Iraq or served his country honorably. The applicant's contentions were noted; his service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered and the applicant is to be commended on his accomplishments. However, it appears this service was determined not to be sufficiently mitigating to warrant an honorable characterization of service at the time of discharge. The service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. 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. It should be noted, 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 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 5 December 2019, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, a prior period of honorable service, and the circumstances surrounding the discharge (i.e. in-service and post- service diagnoses of PTSD and OBH), and as a result it is inequitable. 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. 10. 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 AR20180009526 1