1. Applicant's Name: a. Application Date: 1 February 2016 b. Date Received: 8 February 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, she took the proper steps to ensure that she never made the same mistake again, but was never given the chance to demonstrate that she would not do so again. The applicant contends that she had never been in trouble before in the Army, this was the mistake she made, and that she did not deserve to be discharged. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has a Behavioral Health Condition (PTSD exacerbated by military service) which is mitigating for her offenses. As PTSD is associated with the use of alcohol to self-medicate symptoms, there is likely a nexus between her PTSD and the misconduct which resulted in her General discharge from the Army. In a records review conducted at Arlington, VA on 19 April 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the applicant's severe family matters (numerous childhood traumas) and the circumstances surrounding her discharge (i.e. VA 30 percent PTSD, service aggravated) mitigated the discrediting entry in her service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (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: 18 December 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 31 October 2013 (2) Basis for Separation: The applicant was arrested twice for instances involving alcohol. The arrests resulted in a charge of Assault in the fourth degree, 2nd degree Malice and Trespassing. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 6 November 2013 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 18 November 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 February 2012 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / 108 c. Highest Grade Achieved / MOS / Total Service: E-2 / 92Y10, Unit Supply Specialist / 1 year, 10 months, 5 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Military Police Report, dated 17 September 2013, reflects the applicant was apprehended for Civil Charge: Assault 4th Degree (Domestic Violence) (off post). Military Police Report, dated 7 October 2013, reflects the applicant was apprehended for Civil Charge: Malicious Mischief 2nd Degree (Alcohol) (off post). Three Developmental Counseling Forms that document circumstances surrounding her initial and subsequent arrest, as well as the order refraining her from alcohol. Report of Mental Status Evaluation, dated 1 October 2013, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The attending psychologist noted the applicant was active in ASAP and BH treatment and recommend that the applicant continue in treatment. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 10 July 2013, reflects the applicant reported having depression issues. The medical examiner noted the applicant was diagnosed on 6 February 2013 at BH clinic, taking Prozac 20mg at the time, diagnosed with nightmare disorder, and on temporary S3 profile for 90 day med stabilization. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 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. 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. 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." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of her 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 she should be retained on active duty. The applicant contends she was never given the chance to demonstrate she had changed; basically, reformed her ways. However, AR 635-200, paragraph 1-16d(2), entitled counseling and rehabilitative requirements states, the rehabilitative requirements may be waived by the separation authority in circumstances where common sense and sound judgment indicate that such transfer will serve no useful purpose or produce a quality Soldier. After reviewing the applicant's discharge packet, the separation authority properly waived the rehabilitative requirements. Moreover, the evidence of record shows the command attempted to assist the applicant in performing and conducting herself to Army standards by providing counseling. The applicant failed to respond appropriately to these efforts. The applicant contends the incident that caused her discharge was the only one in her entire Army career. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant's incident of misconduct adversely affected the quality of her service, brought discredit on the Army, and was prejudicial to good order and discipline. Further, the applicant's service record reflects that she had more than one incident of misconduct. 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 19 April 2017, and by a 5-0 vote, the Board determined the discharge is inequitable. The Board found the applicant's severe family matters (numerous childhood traumas) and the circumstances surrounding her discharge (i.e. VA 30 percent PTSD, service aggravated) mitigated the discrediting entry in her service record. Accordingly, the Board voted to grant full relief in the form of an upgrade of the characterization of service to honorable and changes to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / No change to RE code f. Restore 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 AR20160003035 1