1. Applicant's Name: a. Application Date: 20 December 2018 b. Date Received: 28 January 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, served honorably and continuously for 12 years, which included three tours to Iraq. The applicant states, it was not until after a diagnosis of PTSD that the applicant was placed under a Military Protective Order and not allowed any contact with the family for almost a year. During this time, a Medical Evaluation Board was put on hold and the applicant was notified about being referred to a court-martial regarding an incident that was directly related to failed treatment of PTSD. After exploring every possible outcome of the court- martial, the applicant was informed by the Trial Defense Counsel that it would be best to take a Chapter 10 discharge in lieu of the court-martial. At the time, it had been almost a year since the applicant had seen or heard from wife or kids, so the applicant agreed to the Chapter 10 and was processed out in less than a week. 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, Anxiety Disorder NOS, and PTSD. The applicant is not currently service-connected from the VA. In summary, the applicant's BH diagnoses are not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 4 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: 15 June 2018 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 18 October 2017, the applicant was charged with: Charge I: Violation of Article 128, UCMJ: Specification 1 (Aggravated Assault): The applicant did, on or about 6 April 2016, commit an assault upon his wife by strangling her with a means likely to produce death or grievous bodily harm, to wit: putting his hands around her neck and applying pressure. Specification 2 (Assault Consummated by a Battery): The applicant did, on or about 26 November 2016, unlawfully drag his wife across the floor by her hand. Specification 3 (Assault Consummated by a Battery): The applicant did, on or about 21 January 2017, unlawfully pull his wife to the floor with his hand. Charge II: Violation of Article 134, UCMJ: The Specification: the applicant did, on or about 1 July 2017, wrongfully abuse a dog and caused serious injury to the dog, such conduct being of a nature to bring discredit upon the armed forces. Charge Ill: Violation of Article 92, UCMJ: The Specification: The applicant did, having knowledge of a lawful order issued by CPT D, to wit: DD Form 2873, Military Protective Order, dated 11 July 2017, an order which it was his duty to obey, did, on divers occasions, between on or about 11 July 2017 and on or about 27 August 2017, fail to obey the same by wrongfully contacting his wife. (2) Legal Consultation Date: 1 June 2018 (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: 5 June 2018 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 February 2015 / 2 years / The applicant retained on Active Duty at the convenience of the government. b. Age at Enlistment / Education / GT Score: 29 / HS Graduate / 121 c. Highest Grade Achieved / MOS / Total Service: E-5 / 13B10, Cannon Crewmember / 14 years, 10 months, 22 days d. Prior Service / Characterizations: RA, 24 July 2003 - 19 May 2005 / HD RA, 20 May 2005 - 10 October 2006 / HD RA, 11 October 2006 - 13 December 2010 / HD RA, 14 December 2010 - 1 August 2012 / HD RA, 2 August 2012 - 5 February 2015 / HD e. Overseas Service / Combat Service: SWA / Iraq (18 November 2005 - 28 October 2006; 11 May 2007 - 8 July 2008; 4 November 2009 - 15 October 2010) f. Awards and Decorations: ICM-5CS, ARCOM-3, AAM-3, MUC, PUC, AGCM-2, GWOTSM, NCOPDR-2, OSR-3, CAB g. Performance Ratings: 31 March 2015 - 14 January 2016 / Highly Qualified 15 January 2016 - 7 February 2017 / Qualified 8 February 2017 - 7 February 2018 / Qualified h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Medical Evaluation Board Proceedings, dated 18 April 2017, reflects the applicant was diagnosed with: PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DA Form 3947; DD Form 214; DD Form 293; DD Form 458; VA Form 21-0819. 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 that although an honorable or general (under honorable conditions) discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 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 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's service record contains documentation that supports a diagnosis of in service PTSD. However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The applicant's service record is void of a mental status evaluation. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong. The applicant contends that he had good service which included a three combat tours. The applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for his accomplishments. 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 4 September 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 AR20190002997 1