1. Applicant's Name: a. Application Date: 24 September 2018 b. Date Received: 4 October 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, the discharge was inequitable because it was based on an isolated incident in over 15 years of service with no other adverse actions. At the time of the incident, the applicant was diagnosed and being treated for variety of issues and believes were factors in the way the applicant responded during the incident that led to discharge. 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, Bereavement, Anxiety Disorder NOS, Major Depressive Disorder, and Alcohol Dependence. The applicant is 50% service-connected through the VA. Although the applicant provided documentation for PTSD, the diagnoses cannot be confirmed. In summary, although the applicant had a BH diagnoses, it is not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 1 February 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: 8 September 2017 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 2 June 2017, the following charges were preferred with recommendations to refer to trail by a special court-martial empowered to adjudge a bad conduct discharge: Charge I: Violation of Article 90, UCMJ, for disobeying his superior commissioned officer on 26 May 2017. Charge II: Violation of Article 95, UCMJ, for resisting apprehension on 26 May 2017. Charge III: Violation of Article 109, for damaging private property, of a value of over $500, on 26 May 2017. Charge IV: Two specifications of violating Article 128, UCMJ, for two separate incidents of assaulting two NCOs, SSG A.M.J. and SGT C.S. on 26 March 2017. Charge V: Violation of Article 129, UCMJ, for unlawfully breaking and entering the house of SSG A.M.J., with intent to commit assault on 26 May 2017. Charge VI: Two specifications of violating Article 134, UCMJ: Specification 1: while having the duty to care for a child under age 16 years, endangered the mental health, safety, and welfare of the child by holding her in his arms, he assaulted SSG A.M.J. on 26 March (sic) 2017. Specification 2: while having the duty to care for a child under age 16 years, endangered the mental health, safety, and welfare of the child by breaking down the door to her room while attempting to assault SSG A.M.J. on 26 May 2017. (2) Legal Consultation Date: NIF (3) Basis for Separation: Pursuant to the applicant's request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial (partial request, dated 28 July 2017). (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date / Characterization: 14 August 2017 / Under Other Than Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 June 2013 / Indefinite b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-7 / 74D40, 8R Chemical Operations Specialist, and 91H30, Track Vehicle Repairer / 16 years, 2 months, 7 days d. Prior Service / Characterizations: RA (18 April 2001 to 23 July 2004) / HD RA (24 July 2004 to 10 May 2006) / HD RA (11 May 2006 to 2 February 2011) / HD RA (3 February 2011 to 11 June 2013) / HD e. Overseas Service / Combat Service: Hawaii, SWA / Iraq (15 March 2004 to 15 March 2005), (7 April 2007 to 2 June 2008), Kuwait (29 October 2014 to 8 July 2015) f. Awards and Decorations: ARCOM-3; AAM-6; AGCM-5; NDSM; ACM-2CS; ICM-CS; HSM; GWOTEM; GWOTSM; NCOPDR-2; ASR; OSR-2; CAB; MUC-2 g. Performance Ratings: Four NCOERs rendered during period of service under current review: 14 June 2013 thru 2 January 2014, Among the Best 3 January 2014 thru 27 June 2014, Fully Capable 8 August 2014 thru 7 August 2015, Among the Best 8 August 2015 thru 30 June 2016, Met Standard h. Disciplinary Action(s) / Evidentiary Record: Charge Sheet described at the preceding paragraph 3c(1). i. Lost Time / Mode of Return: 75 days (Military Confinement from 1 June 2017 to 14 August 2017) / The applicant was released from confinement. j. Diagnosed PTSD / TBI / Behavioral Health: The applicant's documentary evidence: Memorandum for Record, dated 24 August 2017, subject: RCM 706 Evaluation of [the applicant], in pertinent part, indicates the psychiatric diagnoses at the time of the offense were "PTSD, mild; Major Depressive Disorder, mild, chronic; Alcohol Abuse; Anxiety Disorder, with Panic Attacks; and Partner Relational Problem." VA Rating Decision letter, dated 16 May 2018, indicates the applicant was granted an evaluation of 50 percent service-connected unspecified depressive disorder with alcohol use disorder claims as PTSD, major depressive disorder, anxiety with panic attacks. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 24 September 2018; 15 NCOERs; memorandum for record, dated 24 August 2017; VA Rating Decision, dated 16 May 2018; and two email correspondence, dated 6 June 2017, and 22 June 2017. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. AR 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. The applicant's available record of service, and 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. Although the record documents some acts of significant achievement or valor, the separation authority determined that his achievements did not support the issuance of an honorable or a general (under honorable conditions) discharge at the time of separation. The applicant contends the incident that caused his discharge was the only one in his entire Army career. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. However, the applicant committed various acts of misconduct which adversely affected the quality of his service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant's contentions regarding behavioral health issues that he was diagnosed with and being treated for, which he believes were factors in the way he responded during the incident that led to his discharge, were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues along with notable service-connected post-traumatic stress disorder symptoms existed, and the applicant contends they were contributing factors that led to his misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. 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 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 1 February 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 AR20180013687 1