1. Applicant's Name: a. Application Date: 30 August 2018 b. Date Received: 4 September 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, an upgrade will allow health care and education benefits. The applicant states, a daughter was born while the applicant was deployed to Iraq. The applicant requested to be given leave to see the daughter, but the request was denied. The mother of the child told the applicant that if the applicant did not come home, she was going to leave and the applicant would never see the child. She had put the applicant in a very depressed state of mind and the applicant did something stupid. The applicant regrets the bad decisions and since then, has matured. The applicant's goals are to take care of the family and make the best life for them. An upgrade will help with the goal to better oneself and since discharge, has made great strides in improving life and the lives of the family. The upgrade will eliminate some of the obstacles that are in place due the current discharge and requests the Board adjudicate in the applicant's favor. 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 anxiety and depressed mood/with mixed emotional features, ADHD, and Anxiety. VA records only contain DoD content. In summary, the applicant does 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 15 January 2020, 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: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 29 August 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 31 July 2007 (2) Basis for Separation: The applicant was informed of the following reasons: He was found guilty by Summary Court-Martial on 16 June 2007, for disrespecting a noncommissioned officer, disobeying a noncommissioned officer, and derelict of duties. On 31 December 2006, he received a company grade Article 15 for disobeying a noncommissioned officer. In addition, he had received numerous counseling statements for other various misconduct. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 31 July 2007 (5) Administrative Separation Board: On 31 July 2007, the applicant unconditionally waived consideration of his case before an administrative separation board. (6) Separation Decision Date / Characterization: 5 August 2007 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 March 2006 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 18 / GED / 97 c. Highest Grade Achieved / MOS / Total Service: E-3 / 88M10, Motor Transport Operator / 1 year, 5 months, 28 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (1 October 2006 - 6 August 2007) f. Awards and Decorations: NDSM, GWOTSM, ICM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 31 December 2006, for willfully disobeying a lawful order to give SGT B., his weapon so PT could be conducted (16 December 2006). The punishment consisted of a reduction to E-1 and forfeiture of $320 pay (suspended); and, extra duty and restriction for 14 days. Charge Sheet, dated 7 June 2007, reflects the applicant was charged with: Violation of the UCMJ, Article 91: Specification 1: The applicant at Camp Liberty, Iraq, on or about 19 April 2007, was disrespectful in language and deportment toward SFC T. M., a Noncommissioned Officer, then known to the accused to be a superior Noncommissioned Officer, who was then in the execution of his office, by saying to him "I want you to know that I am turning this in" and "I'm not going to wear this shit anymore" or words to that effect and leaning his weapon against the wall, pulling on his own shirt and storming out of the office. Specification 2: The applicant having received a lawful order from SSG C. C., a Noncommissioned Officer, then known to the accused to be a Noncommissioned Officer, to get on the bus, an order which it was his duty to obey, did at Camp Liberty, Iraq, on or about 19 April 2007, willfully disobey the same. Violation of the UCMJ, Article 92: The applicant, who should have known of his duties at Camp Liberty, Iraq, on or about 19 April 2007, was derelict in the performance of those duties in that he willfully failed to maintain accountability of his weapon, as it was his duty to do by leaving his weapon in the support platoon office. Offer to Plead Guilty, dated 12 June 2007, reflects the applicant offered to plead guilty to the Charges and Specifications, as stated in the Offer to Plead Guilty, and offer to abide by the other terms and conditions set forth in the Offer to Plead Guilty, provided the Convening Authority would: Refer the charges pending against him to a Summary Court-Martial. Except as limited above, any other lawful punishments could be approved. Record of Trial by Summary Court-Martial, dated 16 June 2007, reflects the applicant was found guilty of three specifications specified in the Charge Sheet, consistent with his plea. The sentenced adjudged: Forfeiture $934 pay per month for one month; and hard labor for 45 days without confinement. Armed Forces Traffic Ticket, reflects the applicant was charged with violations: Improper Passing and Lane Usage (on curve). Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; Veteran's Service Officer letter. 6. POST SERVICE ACCOMPLISHMENTS: The applicant state, he has made great strides in improving the lives of family and him. 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. 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 record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that 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 contends that he was having family issues that affected his behavior and ultimately caused him to be discharged. However, he 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 contends he was severely depressed, which affected his behavior and led to his discharge. However, the service record contains no evidence of depression disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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 15 January 2020, 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 AR20180012900 1