1. Applicant's Name: a. Application Date: 5 May 2017 b. Date Received: 10 May 2017 c. Counsel: None 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, her discharge should be upgraded based on being diagnosed with Post - Traumatic Stress Disorder (PTSD). Evidence in the record reflects that on 6 June 2016 during a prior personal appearance, the Army Discharge Review Board reviewed the applicant's case (AR20150019271) and after carefully examining her record of service during the period of enlistment under review, hearing her testimony, the Board determined that clemency was warranted based on the applicant's overall length and quality of service to include her combat service and the circumstances surrounding the discharge (i.e., her personal testimony). Accordingly, the Board voted to grant relief by changing the applicant's characterization of service to under other than honorable conditions. A change in the narrative reason for discharge was not authorized under Federal statute. Per the Board's Medical Officer, based on the information available for review at the time, the applicant's AHLTA diagnoses included Bereavement Without Complications (2008), Headache Syndromes (2005), Insomnia (2011 & 2013), Marital Problem (2005, three visits and one complaint on 3 September 2013 that her husband had pushed her, cleared by FAP), Occupational Problems (2008, 2011, 2013), Paranoid Personality Disorder (2008), Personality Disorder (2008), and Sleep Disorder Unspecified. In the JLV, she had PTSD, insomnia Unspecified, and Attention and Concentration Deficit on her VA problem list. All three of these diagnoses are listed as a result of a visit to a VA on 13 April 2017; however, the note did NOT diagnosed her as having PTSD, but instead noted PTSD symptoms. The examiner on 13 April 2017 also thought the patient's complaints of TBI did not explain her symptoms well, as she put it, "Majority of current symptoms are more likely than not attributed to behavioral health, pain, chronic insomnia and headaches. Some residual forms of post-concussion syndrome are less likely but cannot be completely ruled out." The presence of a personality disorder diagnosis, the absence in the available records of a clear-cut PTSD diagnosis, as well as types of misconduct and their timing make it difficult establish any behavioral health condition-TBI, PTSD, or Personality Disorder-- that explains her multiple instances of misconduct. She has no history in available records of treatment for PTSD, TBI, or personality disorder. The greatest number of behavioral health visits was for Occupational Problem (two visits at Theater clinic in 2008, one visit at psychology clinic in 2011, and four visits in 2013 from July 15 to 16 August). In 2008, she was described as being emotionally detached, having difficulties communicating with supervisor, and feeling "most people are against her and want to see her fail." Late arriving information showed the applicant now has a VA rating of service-connected PTSD of 50 percent and a total service-connected VA disability rating of 60 service-connected. Based on her post- service VA diagnosis, liberal consideration was applied and the applicant's misconduct that formed the basis of her Other Than Honorable discharge is all mitigated. In a personal appearance hearing conducted at Arlington, VA on 22 May 2017, and by a 3-2 vote, the Board determined that clemency is warranted based on applicant's length and quality of service, to include her combat service, and her personal testimony, the circumstances surrounding her discharge (i.e. 50 percent service-connected VA PTSD diagnosis, 60 percent VA disability; OBH VA disability), and post service accomplishments (advanced degree & academic honors). Accordingly, the Board voted to grant partial relief by upgrading the applicant's characterization of service to honorable. A change in the reason for discharge is not authorized under Federal statute. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Court-Martial (Other) / AR 635-200, Chapter 3 / JJD / RE-4 / Bad-Conduct Discharge b. Date of Discharge: 24 June 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: NA (2) Basis for Separation: The applicant was found guilty by a Special Court-Martial of the following offenses: failing to go at the time prescribed to her appointed place of duty (9 April and 3 December 2012); willfully disobeying a lawful command from her superior commissioned officer (3 June 2013); willfully disobeying lawful orders from a noncommissioned officer (25 March 2013); and, being disrespectful in deportment toward a noncommissioned officer (1 June 2012). On 25 September 2013, she was sentenced to a bad conduct discharge and reduction to PVT/E-1. On 3 January 2014, the sentence was approved. The record of trial was forwarded to The US Army Court of Criminal Appeals for review. On 15 February 2015, the US Army Court of Criminal Appeals affirmed the approved findings of guilty and the sentence. (3) Recommended Characterization: NA (4) Legal Consultation Date: 3 January 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 24 June 2015 / Bad-Conduct Discharge On 6 June 2016, during a prior personal appearance, the Army Discharge Review Board reviewed the applicant's case (AR20150019271) and after carefully examining her record of service during the period of enlistment under review, hearing her testimony, the Board determined that clemency was warranted. Accordingly, the Board voted to grant relief by changing the applicant's characterization of service to under other than honorable conditions. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 January 2011 / Indefinite b. Age at Enlistment / Education / GT Score: 34 / Associate's Degree / 90 c. Highest Grade Achieved / MOS / Total Service: E-6 / 68E10, Dental Specialist / 18 years and 28 days (Note: DD Form 214, block 12e, Total Prior Inactive Service, is incorrect and should read "2 years, 1 month, and 12 days" to account for her Navy Reserve Service) d. Prior Service / Characterizations: USN, 27 May 1997 to 26 May 2001 / HD USNR, 27 May 2001 to 8 July 2003 / NA RA, 9 July 2003 to 30 October 2008 / HD RA, 31 October 2008 to 6 January 2011 / HD e. Overseas Service / Combat Service: Germany, Mali, Korea, SWA / Iraq (27 May 2007 to 28 May 2008) f. Awards and Decorations: ARCOM, AAM-5, AGCM-3, NDSM, AFEM-2, ICM-CS, GWOTEM, KDSM-2, NOPDR-2, ASR, OSR-4, MUC-2, USNGCM, USNSSDR-2, USCGUC g. Performance Ratings: 16 January 2011 thru 15 January 2012, Fully Capable 16 January 2012 thru 10 October 2013, Marginal h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 21 April 2011, for wrongfully soliciting SPC G.D., to make to SFC S., a false official statement (30 March 2011); she was derelict in the performance of her duties (24 March 2011) and wrongfully communicating a threat to SPC J.M. (23 March 2011). The punishment consisted of reduction to E-5. Special Court-Martial Order adjudged on 3 January 2014, which indicates the applicant was found guilty of several offenses; see paragraph 3c(2). Negative counseling statement for failing to use the chain of command. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; progress notes from the Fayetteville VAMC, Fayetteville, NC showing the applicant has been diagnosed with PTSD; and a letter from the Department of Veterans Affairs showing the applicant has been awarded 50 percent service connected disability for PTSD. 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 3, Section IV establishes policy and procedures for separating members with a dishonorable or bad conduct discharge; and provides a Soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial; and the appellate review must be completed and the affirmed sentence ordered duly executed. Because relevant and material facts stated in a court-martial specification are presumed by the ADRB to be established facts, issues relating to the applicant's innocence of charges for which she was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a special court-martial, the action of the ADRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed. 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 and the issues submitted with her application were carefully reviewed. The service record indicates the applicant was adjudged guilty by a court-martial and the sentence was approved by the convening authority. Court-martial convictions stand as adjudged or modified by appeal through the judicial process. The Board is empowered to change the discharge only if clemency is determined to be appropriate. Clemency is an act of mercy, or instance of leniency, to moderate the severity of the punishment imposed. On 6 June 2016 during a prior personal appearance, the Army Discharge Review Board reviewed the applicant case (AR20150019271) and after carefully examining her record of service during the period of enlistment under review, hearing her testimony, the Board determined that clemency was warranted based on the applicant's overall length and quality of service to include her combat service and the circumstances surrounding the discharge (i.e., her personal testimony). Accordingly, the Board voted to grant relief by changing the applicant's characterization of service to under other than honorable conditions. A change in the narrative reason for discharge was not authorized under Federal statute. The applicant now seeks relief contending her discharge should be upgraded based on Post - Traumatic Stress Disorder (PTSD). The applicant contentions were noted; however, the fact that the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available record is void of any indication that the applicant was suffering from a disabling medical or mental condition during her discharge processing that would have warranted her separation processing through medical channels. 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 document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): Six pages of documents pertaining to PTSD; foam core board displays b. The applicant presented the following additional contention(s): Change narrative reason for discharge Change separation authority Change reentry eligibility (RE) code Change separation code (SPD) Restore grade/rank Note: The applicant requested that her rank be restored. The Army Discharge Review Board is not empowered to restore former service member's grade, rate or rank. The Board may only change the characterization or reason for discharge. If an applicant believes there is an error or injustice in her discharge, she may make an application to the Army Board for Correction of Military Records, using the enclosed DD Form 149. c. Witness(es) / Observer(s): 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 22 May 2017, and by a 3-2 vote, the Board determined that clemency is warranted based on applicant's length and quality of service, to include her combat service, and her personal testimony, the circumstances surrounding her discharge (i.e. 50 percent service-connected VA PTSD diagnosis, 60 percent VA disability; OBH VA disability), and post service accomplishments (advanced degree & academic honors). Accordingly, the Board voted to grant partial relief by upgrading the applicant's characterization of service to honorable. A change in the reason for discharge is not authorized under Federal statute. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 AR20170007605 5