1. Applicant's Name: a. Application Date: 20 August 2016 b. Date Received: 6 September 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, prior to her flying home to attend her brother's 12th grade graduation in California, she had to pay her rent; however, when she went to the bank, she found out that there was no money in her account. That is when she found out that her husband, who was an E-5, withdrew all of the money to spend it on another women who he was cheating with. The applicant was devastated, but still went home on leave. The applicant states that she was having an emotional breakdown; she began to drink, started to hang out with old friends, and her life started to spiral out of control. She became super depressed and ended up in the mental ward in Sacoya Hospital in Redwood City, CA, later transferring to PAVAHCS in Palo Alto, CA for treatment. The applicant contends that she contacted her chain of command in Germany and assumed that she was okay; however, at one point while she was still on leave, her unit listed her as AWOL. The applicant states that she knew and wanted to return to the Army, so she turned herself in to Travis AFB, who in turn contacted her unit in Germany. The applicant alleges that it was too late and that her unit did not want her back. The applicant contends that she was motivated and was loyal. She asks the board to consider her state of marriage, her state of mind, and her emotional condition, and to upgrade her discharge as she was a victim of her husband's cruelty. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a mitigating medical or behavioral health conditions for the offenses. A review of the military electronic medical records revealed diagnoses of a Depression and a history of abuse. In summary, although there is a lack of evidence regarding SMs report of marital distress resulting in an emotional breakdown, alcohol use, and psychiatric hospitalization, there is evidence SM was diagnosed with Depression in-service and was experiencing occupational and relationship stressors. Because Depression can be associated with avoidance behaviors, such as AWOL, there is a nexus between SMs misconduct and her behavioral health symptoms. Lastly, VA medical notes indicated SM was homeless and had inquired about medical care on several occasions, but was denied access due to discharge characterization. In a records review conducted at Arlington, VA on 6 September 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the applicant's discharge and AWOL (i.e. severe family matters and in-service diagnosis of behavioral health issues, homelessness), 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. This Board action entitles restoration of grade/rank to E-4/SPC. (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: 17 April 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated 29 January 2009, reflects the applicant was charged with violation of the UCMJ, Article 86. (2) Basis for Separation: The applicant was informed of the following reason: Charge: Violation of the UCMJ, Article 86 (21 June 2008 to 21 January 2009) (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 29 January 2009 (5) Separation Decision Date/Characterization: 25 March 2009 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 August 2006 / 4 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / (based on DA Form 3286) 42F, Human Resources Information Systems Management Specialist / 2 years, 26 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: NIF g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: DD Form 458 (Charge Sheet), dated 29 January 2009, described at the preceding paragraph 3c(2). Three DA Forms 4187, dated between 10 July 2008 and 3 February 2009, reflect the applicant's duty status changed as follows: from "Present for Duty" to "Absent Without Leave (AWOL)," effective 21 June 2008 from "AWOL" to "Dropped from Rolls (DFR)," effective 21 July 2008 from "DFR" to "PDY," effective 21 January 2009 i. Lost Time / Mode of Return: 214 days (AWOL, 21 June 2008 to 21 January 2009) / surrendered to military authorities j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 214; and Monterey County Military & Veterans Affairs Office Cover letter. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for 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. Although an honorable or general discharge is authorized, a discharge UOTHC is normally considered appropriate. AR 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 "KFS" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, chapter 10, In Lieu of Trial by Court-Martial. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "KFS" will be assigned an RE Code of 4. 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 honorable. 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 that she had marital issues that left her devastated, adversely affected her behavior, which ultimately caused her to be discharged. 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 further contends that she had an emotional breakdown. She began to drink, her life began to spiral out of control, and she became depressed and ended up in the mental ward in Sacoya Hospital in Redwood City, CA, later transferring to PAVAHCS in Palo Alto, CA for treatment. However, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication. The applicant also contends that she contacted her chain of command in Germany and assumed that she was okay; however, at one point while she was still on leave, her unit listed her as AWOL. The applicant states that she turned herself in to Travis AFB, who in turn contacted her unit in Germany. The applicant alleges that her unit did not want her back. However, 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 applicant contends that she was motivated and was loyal. The applicant's service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. 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 6 September 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the applicant's discharge and AWOL (i.e. severe family matters and in-service diagnosis of behavioral health issues, homelessness), 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. This Board action entitles restoration of grade/rank to E-4/SPC. 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: E-4/SPC. 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 AR20160016618 5