1. Applicant's Name: a. Application Date: 12 August 2019 b. Date Received: 19 August 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, at the time of discharge, he was battling with mental health and alcohol use which led him to make life altering choices. The applicant states, he was a gay man that was diagnosed with HIV during that time and he could not reach out for help to deal with his sexuality or his status for fear of "Don't Ask, Don't tell" policy. As a result, he turned to drinking and trying to get it at all costs to help him cope with his issues. Since then, he has not had a drink and is trying to return to school and become a Physician Assistant to help LGBT men and women focus on positive expression to help cope with PTSD and trauma. The applicant states, he was deployed successfully to Afghanistan in support of Operation Enduring Freedom and would love to do it again. 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 PTSD. The applicant is 10% service-connected from the VA. In summary, the applicant does not have a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 18 September 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: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 13 August 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 July 2008 (2) Basis for Separation: The applicant was informed of the following reasons: He was AWOL from 25 September 2007 through 26 September 2007; On diverse occasions between 24 October 2007 and 9 November 2007, he entered a room with the intent to commit larceny; and, Between 24 October 2007 and 7 November 2007, he stole a USAA MasterCard from SPC K. Z., and on diverse occasions between 7 November 2007 and 20 November 2007, he stole funds from the same USAA Platinum MasterCard, of a value of $1,301.23, and in order to complete the larceny, with the intent to defraud, he made the signature of SPC K. Z. as an indorsement to those credit card charges. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Undated (5) Administrative Separation Board: None (6) Separation Decision Date / Characterization: 26 July 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 July 2005 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 92 c. Highest Grade Achieved / MOS / Total Service: E-4 / 74D10, Chemical Operations Specialist / 3 years, 16 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Afghanistan (11 March 2006 - 8 March 2007) f. Awards and Decorations: ARCOM, NDSM, ACM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 25 September 2007; From "AWOL" to "PDY," effective 26 September 2007. CG Article 15, dated 17 October 2007, for being AWOL (between 25 and 27 September 2007); and, make a false official statement: "I have an eye appointment this morning at either 0735 or 0800," which was totally false (9 October 2007). The punishment consisted of a reduction to E-3 (suspended); forfeiture of $200 pay; extra duty for 14 days; and, an oral reprimand. Record Of Supplementary Action Under Article 15, UCMJ, dated 13 December 2007, reflects the suspended portion of the punishment imposed on 17 October 2007, was vacated because the applicant wrongfully stole monies, of a value of over $500, the property of USAA (between 24 October and 20 November 2007. CID Report of Investigation - Final, dated 21 December 2007, reflects an investigation determined the applicant entered SPC Z's barracks room by prying open a window and subsequently stole her USAA Platinum MasterCard, valued $1.00. The applicant made numerous purchases at retail stores, restaurants and gas stations on Fort Lee and off post using the stolen card of SPC Z and forged her signature on the transactions. FG Article 15, dated 18 April 2008, for being indebted to Chapel Lakes Apartments Association LP in the sum of $8,102.73, which amount became due and payable between on or about 1 August 2007 and 1 October 2007, did dishonorably fail to pay (1 August to 16 October 2007); on diverse occasions between on or about 24 October 2007 and 9 November 2007, unlawfully enter a room, the property of the United States Army, with intent to commit a criminal offense, to wit: larceny, therein; between on or about 24 October 2007 and 7 November 2007, did steal a USAA Platinum MasterCard of a value of $1.00, the property of Specialist K.; did, on diverse occasions between on or about 7 November 2007 and 20 November 2007, steal funds from a USAA Platinum MasterCard of a value of $1,301.23, the property of Specialist K. Z; did, on diverse occasions between on or about 7 November 2007 and 20 November 2007, with intent to defraud, make the signature of Specialist K. Z. as an indorsement to certain credit card charges, in the following figures, to wit: charges in the total amount of $1,301.23 to multiple retailers, which said writing would, if genuine, apparently operate to the legal harm of another; and, did, on or about 25 September 2007, without authority, absent himself from his unit until on or about 26 September 2007. The punishment consisted of a reduction to E-1; forfeiture of $843 pay per month for two months; and, extra duty and restriction for 45 days. Report of Behavioral Health Evaluation, dated 12 June 2008, reflects the applicant was mentally responsible with a clear thinking process and had the mental capacity to understand and participate in the proceedings. i. Lost Time / Mode of Return: 1 day (AWOL, 25 September 2007 - 25 September 2007) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 27 February 2008, the examining medical physician noted in the comments section: Depression since returning from deployment October 2007. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states he has abstained from drinking. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general (under honorable conditions) or an honorable discharge may be granted. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of his service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. 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 on Active Duty. The applicant contends he began using alcohol to cope with his HIV and his fear of reaching out for help. The applicant's service record reflects that he was diagnosed with depression, while in service. 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 record reflects that on 12 June 2008, the applicant underwent a mental status evaluation which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong as indicated by the mental status evaluation. The applicant contends that he had good service which included a combat tour. 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 Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The applicant contends that he is trying to go back to school and in affect, an upgrade of his discharge would allow educational benefits through the use of the GI Bill. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The applicant states, he would love to redeploy again. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 18 September 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 AR20190013323 3