1. Applicant's Name: a. Application Date: 19 September 2016 b. Date Received: 22 September 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to general (under honorable conditions). The applicant seeks relief contending, in effect, her discharge was inequitable because it was based on hearsay and an isolated incident during 64 months of service with no other adverse actions. She did not understand the impact of this type of discharge. A bad business registered with GSA advantage, stole her government credit card and began using the credit card without her approval. At the time of discharge she felt hopeless and depressed because legal was not assisting her. She fell into deep depression, lack of self-esteem, self-worth and anxiety. She was sexually assaulted while in the military by a senior NCO twice her size and her lower extremities will never function the same. She served her country honorably. She has not been in any trouble since her discharge. She is unable to qualify for a veteran owned and operated program due to the discharge she received. Her discharge prevents her from applying for certain federal jobs. Per the Board's Medical Officer, a voting member, based on the information available for review in the service record, AHLTA, and JLV, the applicant was diagnosed with OBH. However, due to the nature of the misconduct, OBH is not a likely cause of misconduct. Therefore, a nexus between the OBH condition and the misconduct is not likely. In a records review conducted at Arlington, VA on 7 February 2018, 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: In Lieu of Trial by Court Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 15 October 2014 c. Separation Facts: No (1) Date Charges Were Preferred: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 24 September 2014 / Under Other Than Honorable Conditions / the applicant was reduced to the lowest enlisted grade. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 June 2012 / 4 years / See Enlisted Record Brief b. Age at Enlistment / Education / GT Score: 30 years / 3 years of college / 112 c. Highest Grade Achieved / MOS / Total Service: E-5 / 92Y10, Unit Supply Specialist / 5 years, 9 months, 2 days d. Prior Service / Characterizations: RA, 14 January 2009 to 30 May 2012 / HD e. Overseas Service / Combat Service: Korea / SWA / Afghanistan, 10 June 2011 to 2 November 2011 f. Awards and Decorations: AAM-3, AGCM, NDSM, ACM-2CS, GWOTSM, KDSM, NOPDR, ASR, OSR, NATO MDL g. Performance Ratings: 16 August 2012 to 1 October 2013, Among The Best h. Disciplinary Action(s) / Evidentiary Record: CID Report of Investigation, dated 22 January 2015, relates that the applicant reported that she was raped to her lawyer. Investigation determined that she reported being raped by an unknown male at an unknown location in Camp Humphreys, Korea. The applicant was interviewed by the CID and declined to provide any information pertaining to the incident; and would not identify the perpetrator nor disclose the location. The rape of an adult by force could not be substantiated due to insufficient evidence. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); self-authored statement (three pages); 14 character / support statements; letter, Coppin State University, Spring 2014 Dean's List; e-mail comments for ARCOM; and mailing addresses for VA correspondence. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states she is enrolled in college full time. She needs nine more credits to earn her bachelor's degree in Occupational Safety and Health. She also works full time as a purchasing agent. 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 although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service 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 a mental health condition, including PTSD; TBI; or sexual assault/harassment 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 characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors 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. Caution shall be exercised 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 the characterization of service from under other than honorable conditions to general (under honorable conditions. 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 complete facts and circumstances concerning the events which led to her 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 authenticated by the applicant's digital signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 10, by reason of In Lieu of Trial by Court-Martial, with a characterization of service of under other than honorable conditions. Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the DD Form 214 shows a Separation Code of KFS (i.e., in lieu of trial by court-martial) with a reentry eligibility (RE) code of 4. The applicants contentions were carefully considered regarding, her discharge was inequitable because it was based on hearsay and an isolated incident during 64 months of service with no other adverse actions; she did not understand the impact of this type of discharge; a bad business registered with GSA advantage, stole her government credit card and began using the credit card without her approval. However, the merit of these contentions cannot be substantiated because the facts and circumstances leading to the discharge are not contained in the available record. The applicant further contends, at the time of discharge she felt hopeless and depressed because legal was not assisting her; and she fell into deep depression, lack of self-esteem, self- worth and anxiety. 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 applicant had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the available record that she ever sought such assistance before committing the misconduct which led to her separation action under review. The applicant also contends, she was sexually assaulted while in the military by a senior NCO twice her size and her lower extremities will never function the same. A CID Report of Investigation, indicates the applicant alleged that she was raped to her lawyer during discharge process. The investigation determined that she reported being raped by an unknown male at an unknown location in Camp Humphreys, Korea. The applicant was interviewed by the CID and declined to provide any information pertaining to the incident; and would not identify the perpetrator nor disclose the location. The rape of an adult by force could not be substantiated due to insufficient evidence. The applicant contends, she served her country honorably. The applicant's service accomplishments and the quality of her service prior to the incident (s) that caused the initiation of discharge proceeding were carefully considered. Furthermore, the applicant contends, she has not been in any trouble since her discharge. The applicant is to be commended for her effort. However, this contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. Moreover, the applicant contends, she is unable to qualify for a veteran owned and operated program due to the discharge she received. 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. Lastly, the applicant contends, her discharge prevents her from applying for certain federal jobs. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The third party statements provided with the application speak highly of the applicant's performance. 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, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. If the applicant desires a personal appearance hearing, it is 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. 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 that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 7 February 2018, 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160017874 1