ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 May 2019 DOCKET NUMBER: AR20160014541 APPLICANT REQUESTS: reconsideration of her earlier request for an upgrade of her other than honorable conditions discharge to general under honorable conditions. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for Review of Discharge from the Armed Forces of the United States) * Self-Authored Statements FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140014105 on 17 April 2015. 2. The applicant states, that she made an adolescent judgement resulting in poor decision making for both her military career and her personal life. She deeply regrets her actions. She has gained resilience throughout the years. She is now a great grandmother, and feels her actions impacts not only her but her kids, and grandkids as well. Seeing her children’s adolescent flaws motivates her to correct her own flaws. Her work for the past 20 years and her pursuit of education have persuaded her that goals can be accomplished, and she has been consulting for the last year due to becoming ill. She participates in community events and is an active member in her church, and sings in many choirs. She believes that veracity and understanding are paramount factors in being a productive citizen. She has since obtained her Associates degree and possesses the mental dexterity and character to best represent herself, her family, and community. She is adamant in fostering a better tomorrow for herself and her family. She asks that her other than honorable discharge be upgraded to an honorable discharge. Additionally, she provides a written response to case with the Department of Veterans Affairs (VA) in which she details her reasons for going absent without leave (AWOL) was to take care of her grandmother who was hospitalized at the time, and states she feels she has been suffering from post-traumatic stress disorder (PTSD) for her entire career. 3. A review of the applicant’s service record shows: a. having had prior service, the applicant enlisted in the Regular Army on 22 December 1977. b. She served in Germany from 16 April 1979 to 22 May 1982, and from 1 November 1986 to 31 October 1989. c. She was reported AWOL on 18 November 1992, and dropped from rolls on 18 December 1992. d. The applicant's DD Form 458 (Charge Sheet) is not available for review with this case. e. She consulted with legal counsel on 1 June 1993 and subsequently requested discharge under the provisions of Army Regulation 635-200 (AR) (Personnel Separations – Enlisted Personnel), chapter 10 (Discharge for the Good of the Service). She acknowledged: * if her request for discharge was accepted, she may be discharged under other than honorable conditions and furnished an Undesirable Discharge Certificate * if approved, she would be deprived of many or all Army benefits and she may be ineligible for many or all benefits administered by the Department of Veterans Affairs, and that she may be deprived of her rights and benefits as a Veteran under both Federal and State law * she may expect to encounter substantial prejudice in civilian life f. The chain of command recommended approval of the Chapter 10 request with an other than honorable discharge. g. Consistent with the chain of command's recommendation, on 4 June 1993 the separation authority approved the applicant’s request for discharge for the good of the service with an under other than honorable discharge. She would be reduced to the lowest enlisted pay grade. h. On 11 June 1993, she was discharged from active duty. Her DD Form 214 shows she was discharged under the provisions of AR 635-200, Chapter 10 (In Lieu of Trial by Court-Martial) with an under other than honorable conditions characterization of service. She completed 18 years, 4 months and 23 days of active service. She had lost time from 18 November to 16 December 1992 and 6 to 7 April 1993. Her DD Form 214 further shows: (1) She had "continuous honorable active service from 19771222 to 19920319" (2) She was awarded or authorized: * Army Commendation Medal with Oak Leaf Cluster * Army Achievement Medal * Good Conduct Medal (4th Award) * National Defense Service Medal with Bronze Service Star * Noncommissioned Officer Professional Development Ribbon (3rd award) * Army Service Ribbon * Overseas Service Ribbon * Driver and Mechanic Badge * Marksman Marksmanship Badge with Rifle Bar (M16) 4. She applied to the Army Discharge Review Board (ADRB) and on 18 August 2014; however, the ADRB found her discharge proper and equitable and denied her request. 5. In the processing of this case, the Army Review Boards Agency medical advisor/ psychologist reviewed the applicant's case and rendered an advisory opinion on 23 January 2019. The psychologist opined: a. The applicant provided several documents outlining the reasons for her misconduct. The first notes making an "adolescent judgment which resulted in poor decision making." The applicant was 36 years-old with 18 years time in service and in the rank of E7. b. The applicant states she went AWOL after additional emergency leave days were denied; she felt she could not leave her critically ill grandmother. She also states "being young, inexperienced, completely overwhelmed, and suffering from a powerful combination of untreated depression and anxiety, I made the poor decision to go AWOL." c. To support her acceptance of the Chapter 10, she reports depression, PTSD symptoms, and opiate withdrawal prevented her from having "the capacity to understand the long-term consequences of executing my actions and discharge papers." d. There are no records for a Major Depressive Disorder with psychotic features and anxiety reaction diagnosis, a disorder referenced by the applicant in her application. e. Based on a thorough review of available medical records, there is a lack of medical evidence that a behavioral health condition existed at the time of the applicant’s period of service. However, there is enough substantial information, given her report of experiencing depression, anxiety, and stress related to the health of her grandmother, to assume she more likely than not met criteria for an Adjustment Disorder. Given the lack of in-service and post-service medical documentation to support a boardable behavioral health condition, her symptoms are considered only partially mitigating for her wrongful possession and use of Cocaine, AWOL, and failure to obey an order since symptoms of anxiety and depression can be associated with substance abuse, avoidance, behaviors, and poor decision making. In summary, there is only partially supportive evidence that behavioral health symptoms were mitigating for her basis for separation. 5. The applicant was provided with a copy of this advisory opinion for review and an opportunity to submit a rebuttal, but he did not respond. 6. By regulation, character and behavior disorders where it is evident by history and objective examination that the degree of immaturity, instability, personality inadequacy, and dependency will seriously interfere with adjustment in the military service as demonstrated by repeated inability to maintain reasonable adjustment in school, with employers and fellow-workers, and other society groups. 7. By regulation, an individual who has committed an offense or offenses, the punishment for which includes a bad conduct or dishonorable discharge, may submit a request for discharge for the good of the service. An Undesirable Discharge Certificate will normally be furnished an individual who is discharged for the good of the service. 8. In reaching its determination, the Board can consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined that relief was warranted. Based upon the lengthy honorable service completed prior to the AWOL offense which resulted in the discharge, as well as the applicant’s demonstrated growth from the time of the incident, the Board concluded that granting clemency to her by upgrading her characterization of service to Under Honorable Conditions (General) was appropriate. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing the applicant a DD Form 214 showing her characterization of service as Under Honorable Conditions (General). I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel) sets policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of soldiers for a variety of reasons. Readiness is promoted by maintaining high standards of conduct and performance. a. Chapter 10, of this regulation, states that a soldier who has committed an offense or offenses, the punishment for which, includes a bad conduct or dishonorable discharge, may submit a request for discharge for the good of the Service. b. An honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the soldier's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that' any other characterization would be clearly inappropriate. c. A general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 2. Army Regulation (AR) 40-501 (Medical Services – Standards of Medical Fitness), provides medical fitness standards of sufficient detail to insure uniformity in the medical evaluation of service members and potential service members. 3. On 25 August 2017, the Office of the Undersecretary of Defense for Personnel and Readiness issued clarifying guidance for the Secretary of Defense Directive to DRBs and BCM/NRs when considering requests by Veterans for modification of their discharges due in whole, or in part, to: mental health conditions, including PTSD; TBI; sexual assault; sexual harassment. Boards were directed to give liberal consideration to Veterans petitioning for discharge relief when the application for relief is based in whole or in part to those conditions or experiences. The guidance further describes evidence sources and criteria, and requires Boards to consider the conditions or experiences presented in evidence as potential mitigation for that misconduct which led to the discharge. 4. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief based on equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. Army Regulation (AR) 635-200, in effect at the time, sets forth the basic authority for the separation of enlisted personnel. ABCMR Record of Proceedings (cont) AR20160014541 5 1