1. Applicant’s Name: a. Application Date: 29 August 2016 b. Date Received: 29 August 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, an impropriety exists within her discharge. Her unit failed to follow the necessary steps/procedures in discharging her. She never received an Article 15 in her entire Army career, which is what a misconduct characterization warrants. The applicant adds supporting documents to show her dedication and passion for her work, and they contradict every negative claim against her, proving her discharge to be undue and unjust. Per the Board’s Medical Officer, based on the information available for review at the time, the applicant had no mitigating medical or behavioral health condition for the offenses. The Active Duty electronic medical record was reviewed and revealed a diagnosis of an Adjustment Disorder and a possible personality disorder; however, the behavioral health condition was not a mitigating factor for misconduct (disrespect, disobeying direct orders from Command, defiant behaviors) that led to the separation action of the applicant from the Army. A Mental Status Evaluation on 17 September 2013 indicated the applicant was psychiatrically cleared for administrative separation. Although documentation was provided from a civilian provider indicating a diagnosis of Post-Traumatic Stress Disorder (PTSD), the basis of the PTSD diagnosis, symptoms, and its relation to military service are not noted and symptoms are not reasonably related to her long standing patterns of misconduct during her time in service. In a personal appearance hearing conducted at Arlington, VA on 17 October 2016, and by a 4-1 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, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 17 January 2014 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 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date/Period of Enlistment: 24 August 2012 / NIF b. Age at Enlistment/Education/GT Score: 23 / Associate’s Degree / 118 c. Highest Grade Achieved/MOS/Total Service: E-4 / 92Y10, Unit Supply Specialist / 5 years, 3 months, 8 days d. Prior Service/Characterizations: USAR, 10 October 2008 to 20 July 2009 / NA IADT, 21 July 2009 to 25 January 2010 / HD USAR, 26 January 2010 to 23 August 2012 / NA e. Overseas Service/Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: Promotion Orders 13-148-00006, dated 28 May 2013, ordered the promotion to SGT/E-5, effective 1 June 2013; however, its amendment Orders 13-148-00042, dated 28 May 2013, revoked the promotion orders. Personnel Action, dated 22 August 2013, indicates the applicant’s duty status changed from “PDY” to “AWOL,” effective 19 August 2013. Discharge Orders, dated 23 December 2013. i. Lost Time: None j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214 and an Inspector General Action Request, dated 9 October 2014, with numerous enclosures. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant’s available record of service, the issues and documents 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 the discharge from the Army. However, the applicant’s record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was digitally 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. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Her contentions on the basis for an upgrade were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service, based on the facts and circumstances of events surrounding her discharge. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. It is noted that the applicant has a personal appearance hearing scheduled, it would be her responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record. Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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. DOCUMENTS/TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional documents: Letter from Advantage Healthcare Systems, dated 14 January 2014 – 2 pages Official Scholarship Award Notification, dated 31 March 2015 – 2 pages b. The applicant presented the following additional contentions: Change RE-Code Re-instate promotion Back date pay that corresponds with promotion c. Witness(es)/Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 17 October 2016, and by a 4-1 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: 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: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board 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 AR20160014381 4