1. Applicant's Name: a. Application Date: 1 September 2016 b. Date Received: 13 September 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, that although she cannot make an excuse for her actions while on active duty; however, after being discharged from the Army she was diagnosed with PTSD (major depression) and TBI. She contends her chain of command did not support her fully nor did they allow her to seek the help she needed for her mental disorder. She had anger outburst, nightmares, and alcohol induced behaviors. She believes that if she had received the help and medication she needed she would still be in the military today. Per the Board's Medical Officer, based on the information available for review at the time, the applicant's misconduct is not mitigated. In the JLV, as of 11 July 2017, she showed an 80 percent service-connected disability rating from the VA. Her VA problem list included diagnoses of Depression, Chronic PTSD, Personal History of Traumatic Brain Injury, Recurrent Major Depressive Disorder, Insomnia, Alcohol Abuse, and Polycystic Ovary Syndrome. In her presentation to the VA for PTSD, she did claim numerous combat exposure. In a records review conducted at Arlington, VA on 19 July 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 5 January 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 November 2008 (2) Basis for Separation: The applicant was informed of the following reasons: for receiving two Field Grade articles 15 for disobeying lawful orders from noncommissioned officers and from a commissioned officer; Being disrespectful to a noncommissioned officer; Wrongfully having a male interpreter in her living quarters; Possessing and using alcoholic beverages in violation of General Order Number 1; Providing false statements; and Possession of a prescription medication without a valid prescription (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 5 November 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 2 May 2007 / 3 years, 19 weeks b. Age at Enlistment / Education / GT Score: 25 / GED / 87 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92Y10, Unit Supply Specialist / 1 years, 8 months, 4 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (16 March 2008 to 27 November 2008) f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 30 July 2008, for disobeying a lawful order from a noncommissioned officer on three occasions (26June 2008, 11 July 2008, and 20 July 2008), disobeying a lawful order from a commissioned officer (11 July 2008), making a false statement (20 July 2008), violating General Order Number 1 (20 July 2008), and being disrespectful in language and deportment toward a noncommissioned officer (20 July 2008). The punishment consisted of reduction to E-1, forfeiture of $678 for two months, and 45 days extra duty and restriction. FG Article 15, dated 20 October 2008, for violating General Order Number 1 by wrongfully consuming alcohol (22 June 2008 and 9 October 2008) and wrongful possession of alcohol and prescription medication (13 October 2008). The punishment consisted of forfeiture of $673 pay per month for two months, oral reprimand, and 45 days extra duty and restriction. Report of Behavioral Health Evaluation, dated 30 October 2008, shows the applicant had the mental capacity to understand and participate in the proceedings and was mentally responsible. The applicant was psychiatrically cleared for any administrative action deemed appropriated by her command. The applicant received several negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Online application. 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 14-12b 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. 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 and upgrade of her general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms 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 have been retained on Active duty. The applicant seeks relief contending, that although she cannot make an excuse for her actions while on active duty; however, after being discharged from the Army she was diagnosed with PTSD (major depression) and TBI. She contends her chain of command did not support her fully nor did they allow her to seek the help she needed for her mental disorder. She had anger outburst, nightmares, and alcohol induced behaviors. She believes that if she had received the help and medication she needed she would still be in the military today. The applicant contentions were noted; however, the record does not support the issues that the applicant suffers from PTSD or TBI and no evidence to support it has been submitted by the applicant, that her discharge was the result of any medical conditions. Also although the applicant claims to have been suffering from PTSD and TBI at the time of discharge, it does not mean that she did not know the difference between right and wrong or that she did not have control over her behavior. There are many Soldiers with the same conditions that complete their service successfully. 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 her 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 19 July 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 AR20160015078 1