1. Applicant's Name: a. Application Date: 16 August 2018 b. Date Received: 20 August 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 general (under honorable conditions). The applicant seeks relief contending, in effect, that the applicant was a victim of sexual assault that contributed to the discharge. The applicant PCS'd to Camp Humphreys from Fort Huachuca, with the intentions of having the family move to Maryland. The move did not happen and the family stayed in Colorado for the duration of the applicant's tour. Due to the trauma, the applicant's memory and judgement were affected and the applicant did not remember to correct the BAH zip code. The applicant was offered an under other than honorable discharge instead of trial and agreed due to the mental remembrance of the trauma and the horrible experiences that came with time in a foreign land. 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. VA records indicate the applicant is 80% service-connected. The applicant does not have a diagnosis of PTSD, but has been seen for a MST that occurred while stationed in Korea. In summary, the applicant did not have a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 22 March 2019, 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 October 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant's record is void of a DD Form 458, Charge Sheet indicating the charges that were pending against the him; however, a memorandum from the Trial Defense Counsel, dated 12 October 2016, shows the applicant voluntarily requested discharge in lieu of trial by court-martial pursuant to AR 635-200, Chapter10, he understood that he may request a discharge in lieu of trial by court-martial because charges authorizing the imposition of a punitive discharge had been preferred against him under Articles 107 (False Official Statement) and 121 (Larceny and Wrongful Appropriation), Uniform Code of Military Justice (UCMJ), one of which or a combination of which authorized the imposition of a Bad Conduct Discharge or a Dishonorable Discharge. (3) Recommended Characterization: Evidence of record shows the commander recommended a characterization of service of general (under honorable conditions) and the intermediate commander's recommended a characterization of service of under other than honorable conditions. (4) Legal Consultation Date: 12 October 2016 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 21 October 2016 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 December 2013 / 4 years b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-4 / 94F10, Computer/Detection Systems Repairer / 8 years, 1 months, 25 days d. Prior Service / Characterizations: RA, 3 September 2008 to 11 December 2013 / HD e. Overseas Service / Combat Service: Korea, SWA / Iraq (9 October 2010 to 29 September 2011) f. Awards and Decorations: ARCOM, AAM-2, AGCM-2, NDSM, ICM-SC, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Finance Records Review documents to include record of emergency data (DD Form 93) and service-members' group life insurance election and certificated. CID Report, dated 31 October 2018, showing the applicant was the subject of investigation for larceny of government funds (Article 121), pay and allowance (fraud make/present- Using/forgery/false documents) (Article 132), and false official statement (Article 107) i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 2910, Victim Reporting Preference Statement; character witness statement at the time of Court Martial; testaments of achievements; academic transcript; memorandum for BAH.. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that since his discharge he has accomplished personal and productive achievements for himself and his community. He is becoming stronger every day and trying to cope with the trauma he has been through and wants to show other victims that they can move forward and live a normal life. 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 general (under honorable conditions). The applicant's available 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 several offenses punishable under the UCMJ with a punitive discharge. 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 achievement however, it appears these acts of achievement did not support the issuance of an honorable or a general discharge by the separation authority at the time of discharge. The applicant seeks relief contending, that he was a victim of sexual assault that contributed to his discharge. He contends he PCS'd to Camp Humphreys from Fort Huachuca, with the intentions of having his family move to Maryland. The move did not happen and his family stayed in Colorado for the duration of his tour. Due to the trauma he suffered, his memory and judgement were affected and he did not remember to correct his BAH zip code. He was offered an under other than honorable discharge instead of trial and he agreed due to the mental remembrance of his trauma and the horrible experiences that came with his time in a foreign land. The applicant's contentions were noted; although he claimed his misconduct was a result of trauma he suffered with as a result of being a victim of sexual assault, the service record contains no evidence and the applicant did not submit any evidence to support the contention. 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 had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. 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 22 March 2019, 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 AR20180012459 1