1. Applicant's Name: a. Application Date: 19 April 2016 b. Date Received: 25 April 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, she was going through a divorce and was ready to deploy to Iraq. Her future ex-husband was not financially stable and living in a one bedroom apartment. Her parents offered to take temporary custody of her child while she was deployed. She agreed and signed the custody agreement. She was extended in Iraq and upon returning home, her mother did not want to release custody because she thought her deployment made her unstable from a mental standpoint and her mother challenged the custody order. Her command not supporting her, and the stress of being in the midst of a divorce and her mother not relinquishing the custody of her child, her career with the Army derailed. She is currently unable to afford behavioral health treatment. She wishes to file a claim for compensation with the Department of Veteran Affairs but she is unable to, due to the character of her discharge. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did not have mitigating medical or behavioral health conditions for the offenses which led to her separation from the Army. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records notes four problems (all from DoD records). The Veterans Affairs has service-connected the applicant at 20 percent overall. In a records review conducted at Arlington, VA on 21 June 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include her combat service, prior period of honorable service, and circumstances surrounding her discharge (i.e. severe family matters and in-service OBH), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general (under honorable conditions). The Board determined the reason for discharge was proper and equitable and voted not to change it. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12b b. block 26, separation code changed to JKA c. block 27, reentry code changed to 3 d. block 28, narrative reason for separation changed to Pattern of Misconduct (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635- 200, Paragraph 14-12c(2) / JKK / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 23 December 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 November 2004 (2) Basis for Separation: The applicant went AWOL from her prescribed place of duty and she wrongfully used cocaine. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: Waived, 24 November 2004 (5) Administrative Separation Board: Waived, 24 November 2004 (6) Separation Decision Date / Characterization: 13 December 2004 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 3 October 2002 / 5 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 92G10, Food Service Specialist / 6 years, 10 months, 10 days d. Prior Service / Characterizations: RA (8 January 1998 to 6 April 2000) / HD RA (7 April 2000 to 2 October 2002) / HD e. Overseas Service / Combat Service: Korea, SWA / Iraq/Kuwait (6 April 2003 to 27 March 2004) f. Awards and Decorations: ARCOM; AAM-4; AGCM-2; NDSM; GWOTEM; KDSM; ASR; OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 22 July 2004, indicates the applicant was cleared for any administrative action deemed appropriate by her command. Electronic copy of the DD Form 2624, dated 17 September 2004, shows the applicant tested positive for cocaine during an Inspection, Unit (IU) urinalysis testing conducted on 13 September 2004. CID Report, dated 24 September 2004, indicates the applicant was the subject of an investigation for wrongful use of cocaine. Negative counseling statements for changing her involuntary separation action from Chapter 15, homosexuality, to paragraph 14-12b, patterns of misconduct, and having a positive urinalysis for a controlled substance, cocaine. Two DA Forms 4187 (Personnel Actions) indicate the applicant's duty status changed from PDY to AWOL, effective 1 October 2004, and from AWOL to PDY, effective 18 October 2004. FG Article 15, dated 1 November 2004, for wrongfully using cocaine between 10 September 2004 and 13 September 2004. The punishment consisted of a reduction to E-1, forfeiture of $596 pay per month for two months (suspended), and 45 days of extra duty (suspended). i. Lost Time / Mode of Return: 17 Days (AWOL: 1 October 2004 to 17 October 2004) / Applicant returned to her unit j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History shows that the applicant noted behavioral health issues and the examiner noted the applicant being treated for behavioral health issues. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge, dated 19 April 2016; doctor's note, dated 15 April 2016; and two character reference/supporting statements. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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(2) terms abuse of illegal drugs as serious misconduct. It continues; however, by recognizing relevant facts may mitigate the nature of the offense. Therefore, a single drug abuse offense may be combined with one or more minor disciplinary infractions or incidents of other misconduct and processed for separation under paragraph 14-12a or 14-12b as appropriate. Paragraph 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12b, pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. 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 general (under honorable conditions). The applicant's available record of service, and the issues and documents submitted with her application were carefully reviewed. After carefully reviewing the application, the service record reflects that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635-200, paragraph 14-12c(2), block 26 separation code as "JKK," block 27 reentry code as "4," and block 28, narrative reason for separation as "Misconduct." Therefore and as approved by the separation authority, the following administrative corrections are recommended: a. block 25, separation authority to AR 635-200, Chapter 14-12b; b. block 26, separation code to JKA; c. block 27, reentry code to 3; and d. block 28, reason for separation to Pattern of Misconduct. The record further 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. By the pattern of misconduct, the applicant knowingly risked a military career and marred the quality of her service. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or sufficient evidence that the applicant's service mitigated the misconduct or poor duty performance, such that she should have been retained on Active Duty. The applicant contends she is entitled to an upgrade of her discharge because of mitigating circumstances which contributed to her misconduct. Specifically, she claims stress at work and family issues at home resulted in her discharge. While the applicant may believe her stress at home and work was the underlying cause of her misconduct, the record of evidence does not demonstrate that she sought relief from stress through the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, she has provided no evidence that she should not be held responsible for her misconduct. Although the applicant did not directly raise her behavioral health issues, a careful review of the applicant's record of evidence indicates the applicant's behavioral health issues symptoms existed, and the applicant contends they were contributing factors that led to her misconduct. If the Board determines the applicant's behavioral health issues were significant contributing factors to his misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. The applicant contends that an upgrade of her discharge would allow her VA benefits, such as receiving treatment for her behavioral health issues. 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 third party statements provided with the application speak highly of the applicant's character. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, the statements do not provide any evidence sufficiently compelling to overcome the current discharge. 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 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 21 June 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include her combat service, prior period of honorable service, and circumstances surrounding her discharge (i.e. severe family matters and in-service OBH), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general (under honorable conditions). The Board determined the reason for discharge was proper and equitable and voted not to change it. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, paragraph 14-12b b. block 26, separation code changed to JKA c. block 27, reentry code changed to 3 d. block 28, narrative reason for separation changed to Pattern of Misconduct 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions c. Change Reason to: Pattern of Misconduct d. Change Authority to: AR 635-200, Chapter 14-12b e. Change SPD/RE Code to: Change SPD to JKA / Change to RE code to 3 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 AR20160008588 6