1. Applicant's Name: a. Application Date: 25 September 2018 b. Date Received: 28 September 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable. The applicant seeks relief contending, in effect, requests a change to the discharge from under other than honorable conditions to honorable as stated in the letter from the Department of Veterans Affairs. 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, FAP Involvement, and Personality Disorder. The applicant is 50% service-connected for Adjustment Disorder from the VA. In summary, due to the basis of separation not being in file, there is insufficient evidence to determine if the applicant's BH diagnosis is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 13 March 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: In Lieu of Trial by Court Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 16 February 2018 c. Separation Facts: No (1) Date Charges Were Preferred: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: 18 December 2017, the applicant requested discharge in lieu of trial by court-martial. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 17 January 2018 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 June 2015 / 6 years b. Age at Enlistment / Education / GT Score: 29 years / Associate's Degree / 110 c. Highest Grade Achieved / MOS / Total Service: E-6 / 35L10, Counter Intelligence Agent / 14 years, 9 months, 19 days d. Prior Service / Characterizations: USAR, 28 April 2003 to 6 December 2003 / NA AD, 7 December 2003 to 9 January 2004 / NA USAR, 10 January 2004 to 11 December 2004 / NA AD, 12 December 2005 to 15 October 2005 / NA USAR, 16 October 2005 to 17 May 2007 / NA AD, 18 May 2007 to 30 June 2008 / HD USAR, July 2008 to 4 November 2008 / HD RA, 5 November 2008 to 13 May 2012 / HD RA, 14 May 2012 to 8 June 2015 / HD e. Overseas Service / Combat Service: Hawaii / Italy / Cuba / SWA / Kuwait, 12 December 2004 to 15 October 2005 / Iraq x2, 30 June 2007 to 8 May 2008 and 21 February 2010 to 5 September 2010 / Afghanistan, 16 February 2013 to 17 September 2013 f. Awards and Decorations: ARCOM-5, AGCM-2, ARCAM, NDSM, ACM-CS, ICM-3CS, GWOTEM, GWOTSM, AFRM-"M" DEV, NOPDR, ASR, OSR-6, NATO MDL, MUC g. Performance Ratings: 11 December 2014 to 15 December 2016, Exceeded Standard 1 February 2016 to 28 February 2017, Met Standard 1 March 2017 to 17 January 2018, Did Not Meet Standard h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 20 January 2017, for having knowledge of a lawful order issued by CPT X., not to engage in contact with his spouse, Mrs. X., until his order was rescinded, an order which it was his duty to obey, did fail to obey the same by wrongfully engaging in contact with Mrs. X., (6 January 2017); forfeiture of $842 pay (suspended), restriction for 14 days and an oral reprimand. The applicant received several negative counseling statements for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (two pages); and a Veteran Affairs memorandum regarding separation from service (two pages). 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 although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the complete facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's digital signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 10, by reason of in lieu of trial by court-martial, with a characterization of service of under other than honorable conditions. Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the DD Form 214 shows a Separation Code of KFS (i.e., in lieu of trial by court-martial), with a reentry eligibility (RE) code of 4. The applicant seeks relief contending, he requests a change to his discharge from under other than honorable conditions to honorable as stated in the letter from the Department of Veterans Affairs. The VA document submitted by the applicant with his application shows that his military service for the period of 5 November 2008 to 16 February 2018 was honorable for VA purposes and was not a bar to benefits under 38 CFR 3.12( d)( 4). If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 13 March 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 AR20180013709 1