1. Applicant's Name: a. Application Date: 28 March 2019 b. Date Received: 28 March 2019 c. Previous Records Review: 26 September 2018, AR20170014694 d. 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 pertinent part and in effect, the discharge was inequitable because it was based on one isolated incident in 30 years of faithful meritorious service with no other adverse action. The discharge was, also, without regard for the applicant's behavioral health conditions. The Veterans Affairs and a private physician are treating the PTSD medical condition. A decision on the service-connected percentage of the applicant's symptoms of nightmares, flashbacks, insomnia, and exposure to traumatic event and anger is pending. The diagnoses include increasing depression. The applicant is working to better oneself; however, some symptoms the applicant is experiencing or witnessing a life-threatening event, flashbacks, nightmares and depression, including an episode that while sleeping, grabbed the wife's neck and started kicking in the bed. The first wife could not adjust to the military way of life, causing problems with the unit, and the end result was divorce, which have added more stress to an already difficult time. Since returning to civilian life, the applicant attests to honesty, integrity, work ethic, commitment to family, and commitment to the community. The applicant has been a great citizen, Soldier, husband and stepfather, since discharge. The applicant maintains the highest standards of loyal, duty, respect, selfless, honor, integrity and personal courage. He volunteers in the community service-oriented organization; such as Children's Hunger Fund, St Jude Children's Hospital, and Wounded Warrior Project for the last several years and assisted fellow Veterans with employment and applying for VA benefits. The applicant attends regular religious services and is a contributing member of society. The applicant's current employment has assigned the applicant additional duties and responsibilities, such as, Government Purchase Card Administrator, ATAAPS Timekeeper for the organization, DOD Financial Management Certification Administrator, Internal Auditing, and Request for Personnel Actions (RPA) and other civilian personnel actions and records. The applicant continues with personal improvements and enrolled in continuing education courses within the Federal Government. The applicant serves as the G8 Operations Officer responsible for Financial Management Operations for the Joint Force Land Component Command with the current operations Southwest Border Support. The applicant has no criminal record. The applicant provides care for his 87 years old mother. The applicant has recently received the following Federal Civilian Awards since discharge: Joint Civilian Service Achievement Award, and the ASA FMC HQDA Outstanding FM Team Award for Hurricanes Florence and Maria by HQDA and Commanding General of US Army North, LTG J.B. The applicant served honorably throughout the entire enlistment. An upgrade would allow the applicant to redeem the future and success at a personal level. The current federal government supervisors can attest to the applicant's character as a model employee, veteran, and citizen. 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 ADD. Post-service, the applicant has diagnoses of Unspecified Trauma and Stressor Related Disorder, Unspecified Depressive Disorder, and Nightmare Disorder. The applicant does not currently have a service- connected rating from the VA. The applicant does not currently have a diagnosis of PTSD. In summary, the applicant's BH diagnoses are not mitigating for the misconduct which led to separation from the Army. In a Travel Panel hearing conducted at San Antonio, Texas on 18 September 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: 21 June 2017 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 13 December 2016, the applicant was charged with the following: Charge I: Six Specifications of Violation of Article 107, UCMJ: Specifications 1, 2, and 3: for signing false official records on two separate occasions on 6 and 7 February 2015, to wit: Personnel Records Review Form; in that the applicant was not a graduate of the Ranger Course, the Sapper Leader Course (SLC), the Fort Benning Infantry Training Course, and the XVIII Airborne Corps Primary Leadership Development Course (PLDC). Specification 3: for signing a false official record on 31 May 2012, to wit: DA Form 2-1, Personnel Qualification Record; in that, the applicant was not a graduate of the Ranger Course, the Fort Benning Infantry Training Course, the XVIII Airborne Corps Primary Leadership Development Course (PLDC), an Administrative Specialist Basic Noncommissioned Officer's Course (BNCOC), an Administrative Specialist Advances Noncommissioned Officer's Course (ANCOC), the Explosive Ordnance Disposal Specialist Course, the Sapper Leader Course (SLC), and that he was not the authorized recipient of the Combat Infantry Badge (CIB). Specification 4: for making a false official statement; in that the applicant took the necessary steps to reconcile his personnel records, awards and decorations, with the assistance of RPAC Supervisors, Ms. X and Ms. X., and Records Custodian, Mr. X. and CSM X., and have removed all awards/decorations in question from his uniform which could not be verified, or words to that effect, on 14 October 2012. Specifications 5 and 6: for submitting false official records to Ms. X on 7 February 2015, and to Mr. X on 6 February 2015, respectively, to wit: a Ranger Certificate, dated 15 May 1978, an XVIII Airborne Corps PLDC diploma, dated June 1980, a Fort Benning Infantry Training Course Certificate, dated 18 August 2000, and a Sapper Certificate, dated 23 August 2002. Charge II: Two Specifications of Violation of Article 134, UCMJ, on both occasions, such conduct were to the prejudice of good order and discipline in the armed forces and of the nature to bring discredit upon the armed forces: Specifications 1 and 2: on divers occasions between 14 October 2012 and 31 May 2015, and between 6 June 2015 and 24 June 2015, the applicant wrongfully and without authority, wear upon his uniform the Ranger Tab, the Master Parachutist Badge, the Combat Infantry Badge, and the Explosive Ordnance Disposal Badge. (2) Legal Consultation Date: 27 March 2017 (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 (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date / Characterization: 10 April 2017 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Current Service: 28 November 2016 / Pursuant to Order 298-700, dated 24 October 2016, ordered to active duty until official completion of the UCMJ process b. Age at Enlistment / Education / GT Score: 57 / 4 years of college / 96 c. Highest Grade Achieved / MOS / Total Service: E-8 / 42A10, Human Resources Specialist / 30 years, 2 months, 24 days d. Prior Service / Characterizations: RA (3 October 1977 to 3 April 1980) / HD RA (4 April 1980 to 3 April 1984) / HD Break-in-Service (4 April 1984 to 28 September 1993) ARNG (29 September 1993 to 11 December 2005) / HD USAR (12 December 2005 to 14 July 2008) / HD USAR (15 July 2008 to Continuous Service) e. Overseas Service / Combat Service: Grenada, Korea, SWA / Grenada (1 October 1983 to 1 December 1983), Desert Storm (1 January 1991 to 1 June 1991), Iraq (1 November 1993 to 1 November 1994) (Note all services are annotated on DA Form 2-1, dated 10 May 2012) f. Awards and Decorations: AAM-2; ARCAM-7; ARNGAM-2; AGCM-6; NDSM-3; ICM; GWOTEM; GWOTSM; NCOPDR-3; ASR; SWA-3BS; AFEM-A; AFRM; AFRM-H; KLM (SA); KLM (KU); OSR-2; ARCOTR; CIB (Note that most of the applicant's award were listed on DA Form 2-1, dated 10 May 2012) g. Performance Ratings: None received during current period of service under review h. Disciplinary Action(s) / Evidentiary Record: Charge Sheet described at the preceding paragraph 3c(1) with its associated documents, including summarized transcription of the Article 32(b) preliminary hearing that led to the referral of charges to a General Court-Martial. Report of Mental Status Evaluation, dated 26 April 2017, providing no diagnosis, psychiatrically cleared the applicant for administrative actions deemed appropriate by his command. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Letters, dated14 November 2016 and 26 December 2012, show, in pertinent part, that the applicant was diagnosed with adult ADD symptoms and that he was being treated for the condition. An undated letter by a medical doctor and letter, dated 22 February 2019, indicate the applicant was being cared for a medical history of PTSD, Hyper insomnia, Sleep Apnea. VA medical records (at page 33 of 77) show a "DSM 5 Diagnosis" of "Nightmare disorder, unspecified depressive disorder, unspecified trauma and stressor related disorder." 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 28 March 2019; four character reference statements; seven congratulating notes; certificate of award; certificate of appreciation; management certification; The Honorable Order of Saint Barbara certificate; Orders, Citation, and certificate of Joint Civilian Service Achievement Award; letter, dated 26 December 2012; four letters rendered by medical authorities; VA medical record (77 pages); three certificates of course completions; 12 additional character reference/supporting statements; NCOER; Award of ARCAM; and MOS Orders. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, that since his discharge, he has been a great citizen, Soldier, husband and stepfather, since his discharge. He volunteers in the community service-oriented organizations and assists fellow Veterans with employment and applying for VA benefits; he attends regular religious services; he has additional duties and responsibilities, such as, Government Purchase Card Administrator, ATAAPS Timekeeper for the organization, DOD Financial Management Certification Administrator, Internal Auditing, and Request for Personnel Actions (RPA) and other civilian personnel actions and records; his personal improvements includes being enrolled in continuing education courses within the Federal Government; he serves as the G8 Operations Officer responsible for Financial Management Operations for the Joint Force Land Component Command with the current operations Southwest Border Support; and he received the Federal Civilian Awards, such as the Joint Civilian Service Achievement Award, and the ASA FMC HQDA Outstanding FM Team Award for Hurricane Florence and Maria by HQDA and Commanding General of US Army North, LTG Jeffrey Buchanan. 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. Further, the separation authority may direct a general discharge if such is merited by the Soldier's overall record during the current enlistment. (See chap 3, section II.) However, for Soldiers who have completed entry-level status, characterization of service as honorable is not authorized unless the Soldier's record is otherwise so meritorious that any other characterization clearly would be improper, and when characterization of service under other than honorable conditions is not warranted for a Soldier in entry-level status, service will be uncharacterized. 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 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 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 (under honorable conditions) discharge by the separation authority at the time of discharge. 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 in the US Army Reserve. In consideration of the applicant's service accomplishments and quality of his service, and his post-service accomplishments, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. The applicant's contentions regarding his behavioral health issues, including being treated for his PTSD medical condition, were carefully considered. A careful review of the applicant's documentary evidence indicates the applicant's behavioral health issues symptoms existed, but absent any notable service-connected post-traumatic stress disorder symptoms. If based on the applicant's documentary evidence, 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 available 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. 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): None b. The applicant presented the following additional contention(s): Applicant provided oral argument and statements in support of the contentions provided in written submissions and in support of previously submitted documentary evidence c. Witness(es) / Observer(s): 10. BOARD DETERMINATION: In a Travel Panel hearing conducted at San Antonio, Texas on 18 September 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 AR20190002977 6