1. Applicant's Name: a. Application Date: 10 March 2016 b. Date Received: 14 March 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, her NCO was abusive, he disrespected her as a female, and her demeanor displeased him. The applicant alleges that her NCO was not satisfied with the way she put the papers on the desk, which she states should not overshadow her otherwise honorable service. She was suffering from a left knee injury, which occurred on 15 March 2015. The applicant contends that she was suffering from a knee injury from 15 March 2015, she had surgery on 15 September 2015, and was taking medication for pain. The applicant contends that she was being stripped of her dignity, she regrets what happened and acknowledges that she should not have lost her military bearing. The applicant contends that she earned her education benefits and respectfully requests an upgrade. Per the Board's Medical Officer, based on the information available for review at the time, there are no mitigating Behavioral Health diagnoses for the offenses leading to her discharge from the Army. Applicant seen by BH while stationed in S. Korea and diagnosed with Adjustment Disorder with Anxiety and Depression. She reported having nightmares about N. Korea because she was scared they were going to fire a rocket at S. Korea. NO other PTSD symptoms reported except for anxiety, anger issues (chronic problem, present before service) and depression. Seen and evaluated for PTSD by the VA. They stated she did not meet criteria for PTSD. In a records review conducted at Arlington, VA on 12 May 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 (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 10 January 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 December 2015 (2) Basis for Separation: The applicant was informed of the following reasons: treated with contempt and was disrespectful in language and deportment toward SGT S (26 July 2015); and, failed to obey a lawful order issued by COL N. (24 July 2015). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 7 December 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 18 December 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 February 2014 / 3 years, 23 days b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 98 c. Highest Grade Achieved / MOS / Total Service: E-2 / 92F10, Petroleum Supply Specialist / 1 year, 11 months d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: NDSM, GWOTSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 14 January 2015, for failing to obey a lawful order by wrongfully being off post without a battle buddy and without an approved pass (19 December 2014). The punishment consisted of a reduction to E-1; forfeiture of $773 pay per month for two months (suspended); and, extra duty and restriction for 45 days. CG Article 15, dated 11 August 2015, for treating an NCO with contempt by throwing papers at him and being disrespectful in language and deportment (26 and 27 July 2015). The punishment consisted of a reduction to E-1; forfeiture of $360 pay (suspended); and, extra duty and restriction for 14 days. Report of Mental Status Evaluation, dated 29 October 2015, 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. Numerous Developmental Counseling Forms for violating pass policy; disrespect; failure to obey a lawful order; and, separation flag. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Class attendance memorandum; character statement; and two counseling statements. 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 contends that her NCO was abusive, he disrespected her as a female, and her demeanor displeased him. However, she had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that she ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant provided a witness statement to support or content. However the evidence provided was considered by the separation authority at the time of her separation proceedings. Accordingly, this argument is not sufficient to support her request for an upgrade of her discharge. The applicant contends that the event that caused her discharge from the Army was an isolated incident. Although a single incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. Army Regulation 635-200, in pertinent part, stipulates there are circumstances in which the conduct or performance of duty reflected by a single incident provides the basis for a characterization. The applicant contends that an upgrade would allow her 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 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 12 May 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 Authority to: No Change e. Change SPD / RE Code to: No Change f. 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 AR20160005868 3