1. Applicant's Name: a. Application Date: 5 October 2018 b. Date Received: 9 October 2018 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of under other than honorable conditions discharge to honorable or general (under honorable conditions) and a change to narrative reason for discharge. The applicant seeks relief contending, in effect, the investigation was going through before, during and after discharge has been closed. The applicant contends that no case was open or charges were applied. The applicant had been conducting as a Soldier up until this day and will continue to do so. The applicant believes the discharge should be upgraded based on how fast the applicant was discharged from the Army. The applicant is now receiving proper mental health care from the Phoenix Center, and due to the investigation could not finish the PTSD screening at Raymond Bliss at Fort Huachuca. During and after discharge, the applicant managed to get three jobs with the current characterization of service. The applicant also started college courses at Full Sail University majoring in Audio Production. It's been a tough and long year with all of benefits being taken away, but the applicant never lost hope. 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 Cannabis Use, Acute Stress Reaction, Other Problems Related to Legal Circumstances and Problems in Relationship with Spouse or Partner. Discharge records from the civilian facility list diagnoses of Depression Disorder NOS and Generalized Anxiety Disorder. VA notes show diagnoses of PTSD unspecified, Bipolar Disorder, and Cannabis Dependence. In summary, the applicant had a BH diagnosis that is partially mitigating for the misconduct which led to separation from the Army. In a travel panel hearing conducted in Warner Robins, GA on 28 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: 4 October 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 September 2017 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 13 September 2017, the applicant was charged with the following offenses: Disobeying a lawful order from a commissioned officer to cease all contact with Private First Class (PFC) C.D.M, or words to that effect on 23 May 2017, 3 June 2017, 8 June 2017, 12 June 2017, and 14 June 2017; Between on or about 29 May 2017 and 8 June 2017, wrongfully introduced marijuana, a controlled substance, onto a vessel, aircraft, vehicle, or installation used by the armed forces or under control of the armed forces, to wit: Fort Huachuca, Arizona; Wrongfully used marijuana, a controlled substance between 29 May 2017 and 8 June 2017, 1 August 2017 and 16 August 2017, and 23 August 2017 and 6 September 2017; Wrongfully assaulted PFC C.D.M., by striking her on the ribs with his fist, on the face with his hand, and by placing his hands around her neck on 28 April 2017; Wrongfully communicated a threat to PFC C.D.M., to wit: "Yo you really fckin with me right now" and "I better not catch you out somewhere, 100 percent symbol, on me, 100, 100, 100," or words to that effect, on 3 May 2017; Wrongfully communicated a threat to PFC C.D.M., to wit: "You and yo best friend better get out of town cause im on y'all 100 now got tell her so she can go bitch to the MPs," or words to that effect, on 23 May 2017; and Wrongfully communicated a threat to PFC C.D.M., to wit: You bold enough to run yo mouth, you bold enough to catch this sniper 100," between 12 June 2017 and 14 June 2017. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 15 September 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 28 September 2017 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 December 2015 / 3 years, 23 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92F10, Petroleum Supply Specialist / 1 year, 9 months, 7 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Several CID Reports, show the applicant was the subject of investigation for communicating a threat and violation of a military protective order. Electronic copy of the DD Form 2624, dated 5 September 2017, reflects the applicant tested positive for THC 468 during an Inspection Random (IR) urinalysis testing conducted on 16 August 2017. CID Reports dated 21 July 2017 and 11 September 2017, show the applicant was the subject of investigation for wrongful introduction and wrongful use of marijuana-detected by urinalysis). Negative counseling statement reference flagging action. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF; however, document submitted by the applicant shows he was referred to the Phoenix Health Center for Addictive Disease Services. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; letters of recommendation; psychiatrist letter due to service related mental issues/PTSD; and a counseling statement from one of his NCO's reference he was a good Soldier. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that during and after his discharge he managed to get three jobs with his current characterization of service. He also started college courses at Full Sail University majoring in Audio Production. 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 or general (under honorable conditions) and a change to his narrative reason for discharge. 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 no acts of significant achievement or valor and did not support the issuance of an honorable or a general 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. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending that since his discharge no case was open or charges applied to him. He has been conducting himself as a Soldier up until this day and will continue to do so. He believes his discharge should be upgraded based on how fast he was discharged from the Army, he is now receiving proper mental health care from the Phoenix Center, and due to his investigation he could not finish his PTSD screening at Raymond Bliss at Fort Huachuca. During and after his discharge he managed to get three jobs with his current characterization of service. He also started college courses at Full Sail University majoring in Audio Production. It's been a tough and long year with all of his benefits being taken from him, but he never lost hope. The applicant's contentions were noted; however, although the applicant submitted medical documents showing that he was referred for addictive disease services to the Phoenix Health Center, the service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that 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 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): FOIA Letter b. The applicant presented the following additional contention(s): None c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a travel panel hearing conducted in Warner Robins, GA on 28 February 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. 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 AR20180014662 5