1. Applicant's Name: a. Application Date: 22 August 2019 b. Date Received: 26 August 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his under other than honorable conditions discharge to honorable and a narrative reason change. The applicant requests that he be considered for medical retirement because of his PTSD. The applicant seeks relief contending, in effect, his request is based on undiagnosed PTSD, which affected his actions and led to his discharge. After returning from his third consecutive deployments, he knew something was different, but because he held a TSI/SCI security clearance, there has always been a stigma about seeking mental health support. Because he was unable to seek the help he needed, he allowed himself to fall into bad life choices. During the separation process, he was given a physical exam, but was not offered a mental health screening. Since his discharge and presently, he has been seeing VA social worker, VA psychologist as well as prescription medication for mental health. The applicant believes, had he received the help he needed, he would still be a model Soldier. 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 70% service-connected from the VA. The VA has also diagnosed the applicant with Alcohol Use Disorder. 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: Unacceptable Conduct / AR 600-8-24, Chapter 4-2B / JNC / NA / Under Other Than Honorable Conditions b. Date of Discharge: 17 March 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 July 2015 (2) Basis for Separation: The applicant was informed to show cause for retention on active duty under the provisions of AR 600-8-24, paragraphs 4-2b for misconduct, moral, or professional dereliction, due to the following reasons: Engaging in inappropriate relationships, adultery, and divulging sensitive information related to military operations to individuals who were not authorized to receive the information, nor had an official need to know. A General Officer Memorandum of Reprimand (GOMOR) was issued to him on 28 April 2014 for his misconduct, which was directed to be filed in the Performance Folder of the applicant's Army Military Human Resource Record. Conduct unbecoming of an officer as indicated by the above-referenced GOMOR. (3) Request for Resignation in Lieu of Elimination: On 21 January 2015, the applicant requested a Resignation in Lieu of Elimination, contingent upon receiving a characterization of service no less favorable than General (Under Honorable Conditions). On 24 June 2015, the DASA (RB), did not accept the applicant's conditioned resignation and returned GOSCA and directed a Board of Inquiry be conducted. (4) Board of Inquiry (BOI): On 24 August 2015, the applicant acknowledged the notification to appear before a BOI. On 30 September 2015, the BOI convened and the applicant appeared with counsel. The board recommended the applicant be involuntarily separated with a characterization of service of Under Other Than Honorable Conditions. (5) GOSCA Recommendation Date / Characterization: 5 January 2016 / Under Other Than Honorable Conditions (6) DASA Review Board (RB) Decision: On 19 February 2016, the DASA (RB) determined the applicant would be involuntarily eliminated from the Army for misconduct and moral or professional dereliction und the provisions AR 600-8-24, paragraph 4-2b. / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Appointment: 10 July 2009 / 6 years b. Age at Appointment / Education: 25 / 2 years college c. Highest Grade Achieved / MOS / Total Service: CW2 / 352N0, Signals Intelligence Technician / 13 years, 9 months, 6 days d. Prior Service / Characterizations: RA, 12 June 2002 - 9 July 2009 / HD e. Overseas Service / Combat Service: Hawaii, Korea, SWA / Afghanistan (13 December 2011 - 12 September 2012); Iraq (18 September 2008 - 26 January 2009) f. Awards and Decorations: ACM-2CS, JSCM-2, JSAM-3, JMUA, ARCOM, AAM, AGCM-2, GWOTSM, NDSM, ICM-CS, KDSM, NCOPDR-2, ASR, OSR-3, NATOMDL g. Performance Ratings: 10 July 2009 - 10 November 2010 / Best Qualified 11 November 2010 - 10 November 2011 / Best Qualified 18 November 2011 - 19 September 2012 / Best Qualified 20 September 2012 - 3 February 2014 / Do Not Promote 4 February 2014 - 3 February 2015 / Highly Qualified 4 February 2015 - 30 July 2015 / Highly Qualified 31 July 2015 - 19 March 2016 / Highly Qualified h. Disciplinary Action(s) / Evidentiary Record: Findings and Recommendations, AR 15-6 Investigation, dated 23 December 2013, reflects the Investigating Officer found, disclosed sensitive information to an unauthorized individual, transmitted sensitive information via unapproved methods, committed adultery, conducted obscene acts with another by, participating in-group sex orgies, committed indecent exposure by participating in oral sex in an automobile in a public parking lot, engaged in conduct unbecoming an officer and a gentleman by soliciting for sexual relationships on Craigslist, and provided a false official statement. General Officer Memorandum Of Reprimand, dated 28 April 2014, for engaging in multiple acts of misconduct during the period of February 2011 through May 2013. An Army Regulation (AR) 15-6 investigating officer determined by a preponderance of the evidence that the applicant committed adultery, engaged in two inappropriate personal relationships, and divulged sensitive information to individuals not authorized and without an official requirement to receive the information. While he was married, he engaged in oral sodomy with Ms. E.L., a woman not his wife, in a public parking lot. The applicant also engaged in an inappropriate personal and adulterous relationship with Ms. K.R.S. and sent to her photographs of his genitalia while he was deployed in Afghanistan. The applicant also participated in a group sexual encounter with Ms. K.R.S. and two other individuals. Additionally, he divulged sensitive information related to military operations to individuals who were not authorized to receive the information, nor had an official need to know. The applicant's conduct and actions violated Army Regulations and policy and fell shockingly short of the personal and professional attributes expected of an officer. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 10 March 2015, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with: Occupational Problem. The applicant provided a copy of his VA Rating decision, dated 1 June 2018, which reflects the applicant was rated 30 percent disability for PTSD and alcohol use disorder. 5. APPLICANT-PROVIDED EVIDENCE: Two DD Forms 214; DD Form 293; four DA Forms 2166- 8; six DA Forms 67-9; Officer Record Brief; VA medical treatment records; 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 600-8-24, Officer Transfers and Discharges, sets forth the basic authority for the separation of commissioned and warrant officers. Chapter 4 outlines the policy and procedure for the elimination of officers from the active Army for substandard performance of duty, misconduct, moral or professional dereliction, and in the interest of national security. A discharge of honorable, general, or under other than honorable conditions characterization of service may be granted. 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 "JNC" as the appropriate code to assign commissioned officers who are discharged under the provisions of Army Regulation 600-8-24, Chapter 4-2b, unacceptable conduct. 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 and a narrative reason change. 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 Army officers. It brought discredit on the Army and was prejudicial to good order and discipline. The applicant provided no corroborating evidence demonstrating that either the command's action was erroneous or that his service mitigated the unacceptable conduct or poor duty performance, such that he should have been retained. Further, the applicant's record contains no evidence of arbitrary or capricious actions by the command. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 4, paragraph 4-2b, AR 600-8-24 with a honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Unacceptable Conduct," and the separation code is "JNC." 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. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends that had he did not receive a mental health screening during the separation processs. The applicant contends the VA has granted him a service connected disability for 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 record reflects that on 10 March 2015, 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 had he received the help he needed, he would still be a model Soldier. However, 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 applicant contends that he had good service which included two 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 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 AR20190015460 1