1. Applicant's Name: a. Application Date: 12 July 2018 b. Date Received: 30 July 2018 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of under other than honorable conditions discharge to honorable, a change to narrative reason for separation, and a change to the reentry eligibility code. The applicant seeks relief contending, in effect, that PTSD contributed to the misconduct. The applicant contends the characterization of service is disproportionate given the record of service and nature of misconduct. The applicant is an Iraq War combat veteran who suffers from service connected PTSD. The applicant received an under other than honorable conditions discharge as the result of an incident of domestic violence that occurred after learning his wife had been unfaithful to during a deployment. The applicant was initially charged with the crime of rape under the Uniform Code of Military Justice. However, after an Article 32 investigation found no support for this charge, it was dropped. Instead, the applicant was ultimately referred for a special court-martial based solely upon a charge of unlawfully striking the wife on the head and neck and pulling her hair. The applicant believes the misconduct stemmed directly from the hardships of deployment. It is often said that military spouses serve along with the member. It is expected for military spouses to remain celibate for extended periods of time while at the same time assuming all the burdens of caring for young children. When Soldiers return from war and learn their spouses have not been able to meet these expectations, the resulting marital conflict is not unexpected. It is undisputed that the applicant should not have resorted to physical violence. However, the Board cannot ignore that the psychological impact of being exposed to the recurring violence and horrors of war contributed to the aggressive behavior upon returning home and feeling betrayed. 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 the following Behavioral Health (BH) diagnoses: Adjustment Disorder with Anxiety, Occupational Problem, Marital Problem, Adult Physical Abuse, and Adult Sexual Abuse. Post-service, the applicant does not have a disability rating from the Veteran Affairs (VA), but has been diagnosed with PTSD and MDD. The applicant was also diagnosed with PTSD by the Adult, Child and Family Counseling Center, P.A. and received treatment in 2005. In summary, the applicant did not have a BH condition that was partially mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 26 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: 30 November 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 28 July 2005 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 28 July 2005, the applicant was charged with unlawfully striking Ms. X on the head and neck, and pulled out some of her hair on 15 April 2005. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 26 September 2005 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 30 September 2005 / Under Other than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 August 2004 / Indefinite b. Age at Enlistment / Education / GT Score: 40 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-6 / 92Y10, Unit Supply Specialist / 15 years, 2 months, 7 days d. Prior Service / Characterizations: USNR, 21 September 1990 15 October 1990 / NA USN, 16 October 1990 to 15 October 1992 / HD USNR, 16 October 1992 to 1 November 1995 / NIF RA, 2 November 1995 to 9 February 1998 / HD RA, 10 February 1998 to 27 September 2000 / HD RA, 28 September 2000 to 17 October 2001 / HD RA, 18 October 2001 to 19 August 2004 / HD e. Overseas Service / Combat Service: SWA / Iraq (24 January 2004 to 17 March 2005) f. Awards and Decorations: ARCOM-2, AAM-5, AGCM-3, NDSM-2, JSCM, GWOTSM, ICM, ASR, NOPDR, MFO g. Performance Ratings: February 2004 to January 2005, Among The Best h. Disciplinary Action(s) / Evidentiary Record: Article 32(b) Investigation dated, 29 August 2005 Charge sheet as described in previous paragraph 3c i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF; however, documents submitted by the applicant dated 26 May 2005, show the applicant had been receiving medical treatment for anger issues and also has begin to work through his PTSD as a result of his tour of duty in Iraq. The Progress Notes makes reference to the applicant having issues with PTSD and depression. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; legal brief; orders for award of several awards and badges; enlisted performance record; enlistment contract/record's; service school academic evaluation report; several NCO Evaluation Report's; separation file documents; medical progress notes; memorandum dated 25 August 2017 relating to mental health conditions; extracts from Army Regulation 608-18; DD Form 214 for prior period of service and 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 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. 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, a change to his narrative reason for separation, and a change to his reentry eligibility code. 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 was separated under the provisions of Chapter 10, AR 635-200 with an under other than honorable characterization of service. The narrative reason specified by Army Regulations for a discharge under this chapter 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 appropriate RE code is 4. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending, in effect, that PTSD contributed to his misconduct. He contends his characterization of service is disproportionate given his record of service and the nature of his misconduct. He contends he is an Iraq War combat veteran who suffers from service connected PTSD. He received an under other than honorable conditions discharge as the result of an incident of domestic violence that occurred after he learned his wife had been unfaithful to him during his deployment. He was initially charged with the crime of rape under the Uniform Code of Military Justice. However, after an Article 32 investigation found no support for this charge, it was dropped. Instead, he was ultimately referred for a special court-martial based solely upon a charge of unlawfully striking his wife on the head and neck and pulling her hair. The applicant believes his misconduct stemmed directly from the hardships of deployment. It is often said that military spouses serve along with the member. It is expected for military spouses to remain celibate for extended periods of time while at the same time assuming all the burdens of caring for young children. When Soldiers return from war and learn their spouses have not been able to meet these expectations, the resulting marital conflict is not unexpected. It is undisputed that he should not have resorted to physical violence. However, the board cannot ignore that the psychological impact of being exposed to the recurring violence and horrors of war contributed to his aggressive behavior upon returning home and feeling betrayed. The applicant contends his characterization of service is disproportionate given his record of service and the nature of his misconduct. The applicant 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 for his service. The applicant contends that PTSD contributed to his misconduct; 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 at the time of 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 26 October 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 AR20180011534 1