1. Applicant's Name: a. Application Date: 8 December 2015 b. Date Received: 14 December 2015 c. 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her under other than honorable conditions discharge to uncharacterized. The applicant seeks relief contending, in pertinent part and in effect, she was not in her right state of mind, she was incarcerated, she was not provided a military attorney, and never given a fair trial nor signed any documents to process her discharge. Whether she is guilty or not guilty of the charges she is imprisoned for, she suffers from PTSD and has a severe case of mental instability. An upgrade would allow her to receive VA benefits, such as treatment and/or healthcare benefits as she is not receiving adequate healthcare in prisons. She needs VA to evaluate her medical conditions that are currently worsening. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have any clearly mitigating medical or behavioral health conditions for the offenses which led to her separation from the Army. It appears the applicant had EPTS (existed prior to service) depression four years prior (as adolescent) and possibly other BH condition (schizophrenia and/or bipolar disorder on past medication therapy that she may have discontinued prior to entry on active duty). The electronic medical records (AHLTA) were reviewed with clinical encounters from October 2007 thru March 2008. No clinical notes. Radiology (chest x-ray on 7 March 2008 was normal). Laboratory studies reviewed from October 2007 thru March 2008. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Administration records notes no record. In a records review conducted at Arlington, VA on 22 February 2017, 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 (Civil Conviction) / AR 635-200, Chapter 14, Section II / JKB / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 26 June 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 October 2007 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 5 months d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Return of Absentee, dated 3 August 2012, reflects the applicant was incarcerated at Murray Prison serving time for murder since 29 October 2009. The applicant's scheduled release date is 23 October 2038. Discharge Orders, dated 26 June 2013 i. Lost Time / Mode of Return: 1,927 days 591 days (AWOL, 17 March 2008 to 28 October 2009) / apprehended by civil authorities 1,336 days (Civil Confinement, 29 October 2009 to 26 June 2013) / applicant discharged from the military; however, the applicant remains incarcerated j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Two DD Forms 293, dated 8 December 2015 and 14 June 2016. 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 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. Entry-Level-status separation is described as entry-level with service uncharacterized if processing of separation action is initiated while a Soldier is in entry-level status, except when characterization of under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case. An entry-level status for RA Soldiers, is the first 180 days of continuous Active Duty. Paragraph 14-5 stipulates that a Soldier may be considered for discharge when initially convicted by civil authorities, or when action is taken that is tantamount to a finding of guilty, if one of the following conditions is present: (1) A punitive discharge authorized for the same or a closely related offense under the MCM 2002, as amended. (2) The sentence by civil authorities includes confinement for 6 months or more, without regard to suspension or probation. If the immediate commander initiates separation action, the case will be processed through the chain of command to the separation authority for appropriate action. A Soldier convicted by a civil court or adjudged a juvenile offender by a civil court will be reduced or considered for reduction. (See AR 600-8-19.) Army Regulation 635-10 sets forth policies and procedures for reporting absences, and establishes procedures for special category absentees, personnel dropped from the rolls, and the surrender of military personnel to civilian law enforcement authorities. It includes policy and procedures for personnel in an absent without leave status who are charged with or convicted of a civilian or criminal offense or confined or restricted by a court order. Paragraph 2-5d stipulates that absent Soldiers serving sentences in civilian confinement, committed, or restricted by court order for six months or longer may be reassigned to a local PCF, and that reassignment to a PCF is made only after the Soldier's permanent unit commander completes action per AR 635-200 or AR 600-8-24. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members' discharges. "Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre- existing conditions which are determined not to have been incurred or aggravated while in military service." "Conditions documented in the 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 PTSD or PTSD related conditions 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 under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD or PTSD-related conditions as a causative factor 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. Correction Boards will also exercise caution 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 her under other than honorable conditions discharge to uncharacterized, general (under honorable conditions), or honorable. The applicant's available record of service and the issues submitted with her application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army. The record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and the presumption of government regularity prevails in the discharge process. The DD Form 214 shows the applicant was discharged under the provisions of Chapter 14, Section II, AR 635-200, for Misconduct (Civil Conviction), with a characterization of service of under other than honorable conditions. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. The applicant contends the discharge was unjust because she was incarcerated and she was not presented when a decision on her discharge was rendered. She was also never adequately advised by a military or civilian counsel, or signed any documents to process her discharge. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support her issues. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that she may have been unjustly discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. Furthermore, by regulation, a UOTHC discharge is normally appropriate for a member separated by reason of misconduct. Based on the "Report of Return of Absentee," dated 3 August 2012, it shows the applicant was apprehended by civil authorities on 29 October 2009, returned to military control, but detained and incarcerated per the respective State Department of Criminal Justice. The report further shows she is serving a prison sentence with a scheduled release date of 23 October 2038; thereby the basis for her receiving an under other than honorable conditions discharge. The applicant's contentions regarding her behavioral health issues and that she suffers from PTSD, were carefully considered. However, the available service record contains no evidence of Post-Traumatic Stress Disorder diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The applicant contends an upgrade would allow her to receive VA benefits, such as treatment and/or healthcare benefits. However, eligibility for veterans' benefits 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. Based on the available record, 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 22 February 2017, 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 SPD / RE Code to: No Change e. Restore (Restoration of) Grade 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 AR20160000658 1