1. Applicant's Name: a. Application Date: 25 May 2016 b. Date Received: 31 May 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, after four years of honorable service and dedication to each unit that she was assigned to, she began to experience intense emotional and behavioral issues stemming from prolonged stress. The medication prescribed by behavioral health professionals on post was inadequate in easing her symptoms. She was placed in inpatient therapy on three different occasions. She was unable to overcome the symptoms that she was experiencing and was discharged from the Army. Since her discharge, she has not been able to obtain employment with a reputable company because of the status of her discharge. Per the Board's Medical Officer, based on the information available for review at the time, the applicant made a serious suicide attempt in Dec 2013 when she ran her car into a pole at a speed of more than 100mph. She ended up breaking her neck and required reparative surgery. She reported she was upset at the time because her husband had left her and taken their three young children. She was psychiatrically hospitalized for 3 weeks after this MVA. In Jan 2014, she was diagnosed with Major Depressive Disorder, recurrent; PTSD related to childhood experiences exacerbated by military service. Based on the information available at this time, the applicant has a mitigating Behavioral Health diagnosis, PTSD, for the offenses leading to her discharge from the Army. As PTSD is associated with difficulties with authority figures, there is a nexus between her PTSD and the offenses of disobeying a lawful order and being disrespectful to a NCO. As PTSD is associated with the use of illicit substances to self-medicate symptoms, there is a nexus between her PTSD and the offense of wrongfully using marijuana In a records review conducted at Arlington, VA on 23 August 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 and the circumstances surrounding the discharge (i.e. diagnosis of PTSD exacerbated by military service), 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. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: In Lieu of Trial by Court-Martial / AR 635- 200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 10 October 2014 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 30 September 2014, the applicant was charged with: Violating Article 90, UCMJ, for willfully disobeying a lawful order (23 September 2014); Violating Article 91, UCMJ, for being disrespectful in language toward CSM M (23 September 2014); and, Violating Article 112a, UCMJ, for wrongfully using marijuana (between 6 July and 6 August 2014). (2) Legal Consultation Date: 30 September 2014 (3) Basis for Separation: Pursuant to the applicant's request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date/Characterization: 2 October 2014 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 March 2012 / 3 years b. Age at Enlistment / Education / GT Score: 27 / 2 years college / 115 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M10, Motor Transport Operator / 4 years, 10 months, 28 days d. Prior Service / Characterizations: RA, 5 November 2009 - 28 February 2012 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM-3, AGCM, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "CMA," effective 25 September 2014; and, From "CMA" to "PDY," effective 3 October 2014. i. Lost Time / Mode of Return: (CMA, 25 September to 2 October 2014) / NIF j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided copies of her active duty medical records, which reflects she was diagnosed with an Adjustment Disorder with Anxiety and Depressed Mood. The applicant provided a copy of her VA medical records, which reflects she was diagnosed with PTSD. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; a copy of her ERB; copies of her active duty medical records; and, copies of her VA medical records. 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 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 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) discharge. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. Her record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority. The applicant contends the VA has diagnosed her with PTSD. The applicant's service record contains documentation that supports a diagnosis of an in service Anxiety disorder; however, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The applicant's service record is void of a mental status evaluation. It appears the applicant's chain of command determined that she knew the difference between what was right and wrong. The applicant contends that an upgrade of her discharge will allow her to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 23 August 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 and the circumstances surrounding the discharge (i.e. diagnosis of PTSD exacerbated by military service), 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. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions 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 AR20160010453 1