BOARD DATE: 7 March 2017 DOCKET NUMBER: AR20150016806 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 7 March 2017 DOCKET NUMBER: AR20150016806 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 7 March 2017 DOCKET NUMBER: AR20150016806 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests an upgrade of her general discharge under honorable conditions to honorable. 2. The applicant states: a.  She received awards and decorations and she was personally recognized for her outstanding service by both a major general and a general during her overseas duty. b.  She has been a good citizen since her discharge and she continued to work in the food service career field. She became a mother and she was encouraged to pursue other career fields more compatible with motherhood. She was offered a position as a computer operator for a local credit union where she was responsible for maintaining confidentiality of highly sensitive materials. Although she had no experience, she excelled and received an Employee of the Quarter award. c.  She now has decided to pursue a career in physical therapy and desires a discharge upgrade for Post-9/11 GI Bill eligibility. d.  Her ability to serve was impaired by her youth and immaturity, as well as her personal and psychiatric problems. She enlisted in the Army at age 17 with her husband and they were told they would not be separated or sent overseas. However, her first duty assignment was in Korea and her husband left for basic training the day she left for Korea. e.  While in Korea, she had emergency uterine surgery and she was told she would be unable to have children. This was difficult to handle at 18 years of age, especially alone and in a foreign country without the support of her husband or family. She began to drink to cope with her stress and distress. Her next assignment was in Colorado, where she met other Soldiers with similar issues of loneliness and depression. She surrounded herself with a questionable group of peers as a result. f.  She brought her feelings of depression and anxiety to her commander's attention. She was placed in a psychiatric facility twice within weeks because she began to feel suicidal and hopeless. During counseling, she was diagnosed with a personality disorder and she was placed on medication for depression and anxiety. She wanted to pursue a medical discharge, but she discovered the process would prolong her discharge past her expiration term of service and she became angry. Blinded by her emotions and her desire to see her family, she followed the path of some of her peers and experimented with drugs. As a result, she failed a urinalysis and she received nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice. g.  Her judgement was severely impaired by her psychiatric state and she failed to comprehend the long-term consequences of her behavior. She continued on her path of self-destruction and she failed a second urinalysis. At the time, all she wanted was her family. She did not think about the repercussions of receiving a general discharge versus an honorable discharge with only months to go. In retrospect, she should have accepted her punishments and continued in counseling and finished the 6 months of duty she had remaining in her term of enlistment. h.  She has matured in society and she understands the importance of an education and structure to succeed in her life and career. She has been clean of all substances since she was discharged. She has grown into maturity and she has a better sense of the importance of consequences from her actions. Although her age and circumstances played a large role in her behavior that led to her discharge, she has come to terms with the poor choices she made and she is attempting to redeem herself. Her main focus at this time is her children and her education. She desires an honorable discharge so she can move forward in her life. 3. The applicant provides: * self-authored letter, undated * two character-reference letters * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Oneida County Veterans' Service Agency cover letter, undated * Department of Veterans Affairs (VA) Rating Decision, dated 17 November 2015 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 11 August 2000 at 18 years of age for a period of 3 years. Her records show she was married at the time of her enlistment. 3. She completed advanced individual training in military occupational specialty 92G (Food Service Specialist). She arrived in Korea on 19 January 2001 and she departed on or about 8 January 2002. 4. On 5 February 2002, she was assigned to the Fort Carson Replacement Detachment, CO. 5. On 9 July 2002, the Tripler Army Medical Center Forensic Toxicology Drug Testing Laboratory tested a urine sample provided by the applicant. The results revealed a positive finding for cocaine. 6. Her DA Form 3822-R (Report of Mental Status Evaluation), dated 23 July (2002), shows she was evaluated for discharge for personality disorder. a.  She was found to have the mental capacity to understand and participate in proceedings, she was mentally responsible, and she met the retention requirements of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3. b.  She was diagnosed with adjustment disorder with depressed mood and personality disorder (not otherwise specified) with immature and passive aggressive traits. c.  She had low potential to harm herself, others, and being absent without leave. She was considered potentially dangerous. d.  Her proposed treatment recommended follow up with Social Work Services. e.  The Chief, Psychiatric Services, opined she was not in current danger to herself or others. However, she stated she "will do whatever it takes to get out of the Army." Therefore, there was potential for behavior in the future that would be harmful to herself or others. She had no motivation to be in the military. She had a personality disorder and qualified for an administrative separation in accordance with Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 5-13. He further stated her personality disorder would not be modified by any command or mental health efforts. He recommended her return to duty with no change in duty status; she met the retention requirements of Army Regulation 40-501. 7. On 2 August 2002, her commander was provided the confirmed urinalysis test results. 8. On 8 August 2002, she was counseled for her positive urinalysis results and she was referred to a drug treatment program. 9. On 4 September 2002, she accepted nonjudicial punishment under the provisions of Article 15 for wrongful use of cocaine on or between 3 July 2002 and about 9 July 2002. Her punishment consisted of reduction in rank/grade from private first class/E-3 to private/E-2; forfeiture of $651.00 pay for 1 month, suspended until 26 February 2003, if not vacated sooner; and 45 days of extra duty to the limits of Fort Carson, CO. 10. Her DA Form 3822-R, dated 13 September 2002, shows she was again evaluated for personality disorder for discharge consideration. She was found to have the mental capacity to understand and participate in proceedings, she was mentally responsible, and she met the retention requirements of Army Regulation 40-501, chapter 3. a.  She was diagnosed with depressive disorder (not otherwise specified) and borderline personality disorder. c.  She had low potential to harm herself, others, and being absent without leave. The Chief, Psychiatric Services, determined she would be treated for depression in the Psychiatric Clinic and command support of her treatment was important. He opined her behavioral problems were due to her personality disorder. Her personality disorder would not change with command efforts or with efforts by the Psychiatric Clinic. He further opined that her personality disorder could lead to behavior that would potentially be dangerous to herself or to others. This was the second recommendation to administratively separate her in accordance with Army Regulation 635-200, paragraph 5-13, or other applicable chapter. She was placed on medication that would make her drowsy with a recommendation for consideration of duty assignments and shift stabilization to make adjustment to the medication easier. 11. On 16 September 2002, the Tripler Army Medical Center Forensic Toxicology Drug Testing Laboratory tested a urine sample provided by the applicant. The results revealed a positive finding for dextro-methamphetamine and amphetamine. 12. On 18 September 2002, she was counseled for violating restriction, breaking visitation policy, and not following an order from a commissioned officer. 13. Her DD Form 2807-1 (Report of Medical History), dated 20 September 2002, shows she indicated she attempted suicide in July and September 2002. 14. On 7 October 2002, she was counseled for not reporting to extra duty on time. 15. On 16 October 2002, her commander was notified of her positive urinalysis for dextro-methamphetamine and amphetamine. 16. On 23 October 2002, she was counseled for the use of a controlled substance and a second urinalysis failure. She indicated she had never been referred to any drug and alcohol treatment after her last failed urinalysis, even though her counseling stated this. 17. On 1 November 2002, her suspended punishment of forfeiture of $651.00 pay for 1 month was vacated due to wrongful use of methamphetamine and amphetamine on or between 10 and 16 September 2002. 18. Her DA Form 3982 (Medical and Dental Appointment), undated, shows she was scheduled for an appointment with the Evans Army Community Hospital Army Substance Abuse Program on 10 January 2003. This forms shows she was referred on 8 November 2002. 19. On 25 November 2002, she accepted nonjudicial punishment under the provisions of Article 15 for: * wrongful use of methamphetamine and amphetamine between on or about 10 and 16 September 2002 * failure to go at the time prescribed to her appointed place of duty on or about 6 October 2002 * failure to go at the time prescribed to her appointed place of duty on or about 5 October 2002 20. On 9 January 2003, she was notified by her commander of her intent to initiate separation action against her for the commission of a serious offense under the provisions of Army Regulation 635-200, paragraph 14-12c. She stated the following reasons for her proposed action were wrongfully using a controlled substance for which she received nonjudicial punishment under Article 15 on two occasions, violating a general order, breaking restriction without authority, and failing to report at the time prescribed. Her commander recommended her receipt of a general discharge under honorable conditions. She was advised of the rights available to her. 21. On 9 June 2003, she acknowledged receipt of her separation notification. She elected not to submit statements in her own behalf. She acknowledged that she could encounter substantial prejudice in civilian life and she would be ineligible for many or all benefits as a veteran under Federal and State laws. 22. On 17 January 2003, the separation authority approved her separation under the provisions of Army Regulation 635-200, paragraph 14-12c; waived further rehabilitative efforts; and directed the issuance of a General Discharge Certificate. 23. On 31 January 2003, she was discharged accordingly. Her DD Form 214 shows she completed 2 years, 5 months, and 20 days of active service. 24. On 28 June 2013, the Army Discharge Review Board denied her request for an upgrade of her discharge. 25. She provided two character-reference letters. a.  A letter from Dr. C____ D____, Herkimer College, State University of New York, dated 3 July 2015, states the applicant was in good standing at the university. The applicant reported she was discharged under honorable conditions due to health and personal reasons because she requested to be discharged 6 months early to come home to be with her family. b.  A letter from J____ B____, physical therapist, Body Shop Physical Therapy, undated, states the applicant volunteered and sought out his practice for her internship. She is eager to learn new things and works hard to accomplish her goals. 26. She also provided a copy of her VA Rating Decision, dated 17 November 2015, which shows she was granted a 50-percent service-connected disability rating for depressive disorder with anxious distress and panic disorder (previously referred as psychiatric disability claimed as bipolar disorder, depression, anxiety, and personality disorder). 27. On 15 December 2016, an Army Review Boards Agency Clinical Psychiatrist provided an advisory opinion wherein she states: a.  The applicant has an in-service diagnosis of depressive disorder (not otherwise specified) and borderline personality disorder. Additionally, she received a 50-percent service-connected disability rating from the VA. A review of her military records, however, indicates she met military medical retention standards in accordance with Army Regulation 40-501. In addition, there is no indication she suffered from severe depressive or psychotic symptoms requiring long-term hospitalization or intensive outpatient treatment in her military records. b.  Her examining psychiatrist clearly states in her Mental Status Evaluation, dated 13 September 2002, her "behavioral problems are due to her personality disorder." Based on this information, the applicant's behavioral health conditions were not mitigating for the offenses which led to her separation from the Army. 28. On 16 December 2016, a copy of the advisory opinion was sent to the applicant for review and for an opportunity to provide a response. She did not respond within the suspense period. REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a.  An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. b.  A general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. c.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. 2. Army Regulation 40-501 governs medical fitness standards for enlistment, induction, appointment (including officer procurement programs), retention, and separation (including retirement). Chapter 3 (Medical Fitness Standards for Retention and Separation, Including Retirement) provides standards for medical fitness for retention and separation, including retirement. Soldiers with medical conditions listed in this chapter are referred for disability processing. DISCUSSION: 1. The applicant was discharged for the commission of a serious offense. She had two positive urinalyses for wrongful use of controlled substances on two occasions and she accepted nonjudicial punishment for wrongful use of cocaine. Additionally, she was counseled for violating restriction, breaking visitation policy, not following an order from a commissioned officer, and failing to go at the prescribed time to her appointed place of duty. 2. Although she was diagnosed with adjustment disorder with depressed mood and personality disorder (not otherwise specified) with immature and passive aggressive traits, she met medical retention standards. Further, the Army Review Boards Agency Psychiatrist opined her behavioral health conditions were not mitigating for the offenses which led to her separation. 3. There is no evidence showing she was not properly and equitably discharged in accordance with the regulations in effect at the time. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016806 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016806 9 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2