ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  17 May 2019

	DOCKET NUMBER:  AR20170002423


APPLICANT REQUESTS:  reconsideration of her earlier request for upgrade of her general discharge to an honorable discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Department of Veterans Affairs (VA) Problems Lists, Health Summaries, and Progress Notes

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 AR20130010009 on 4 February 2014.

2.  The applicant states unforeseen circumstances hindered her military performance.  She was deployed to Iraq 2 months after her father passed.  She was suffering with severe depression.  After being attacked at night, she was unable to sleep, which led to her being late for formations.  While deployed, she was placed on suicide watch and prescribed medication that did not help her situation.  She gained weight and did not pass the physical training test.  Recently, the VA determined she suffered from a borderline personality disorder.  She is currently on the correct medications and seeks therapy often.  She suffered from a suicide attempt a few months ago.  She is burdened with the fact that she does not have an honorable discharge.  She believes with the proper help and medication, she could have had a long lasting military career.  She loves her country and would gladly serve again.

3.  Review of the applicant’s record shows:

	a.  She enlisted in the Regular Army on 15 July 2008 and she held military occupational specialty (27D) Paralegal Specialist.  She served in Iraq from 5 July 2009 to 30 January 2010.

	b.  Her record is void of the complete facts and circumstances surrounding her discharge.  However, her records contain a DD Form 214 (Certificate of Release or Discharge) showing she was discharged on 26 February 2010, under the provision of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12a (Misconduct - Minor Infractions).  She completed 1 year, 7 months, and 12 days of active service.  Her service was characterized as general, under honorable conditions.  This form also shows she was awarded and authorized the:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon

	c.  On 4 November 2011, the Army Discharge Review Board determined that she was properly and equitably discharged and denied her petition for an upgrade of her discharge.

	d.  On 4 February 2014, the ABCMR denied her petition for an upgrade of her discharge.

4.  The applicant provided a copy of her VA Problems Lists, Health Summaries, and Progress Notes showing she was diagnosed with post-traumatic stress disorder (PTSD) on 30 May 2011 and receiving treatment.

5.  An advisory opinion was received from the Psychiatrist, Army Review Boards Agency, on 27 March 2018, in the processing of this case.  The psychiatrist reviewed the record for evidence the available record reasonably supported PTSD, or another boardable behavioral health condition, existed at the time of the applicant’s military service.  The psychiatrist reiterated the applicant’s period of military service and stated in accordance with the 3 September 2014 Secretary of Defense Liberal Guidance Memorandum, the applicant’s military did support the existence of PTSD at the time of discharge.  Her record indicated she met medical retention standards in accordance with AR 40-501 (Standards of Medical Fitness).  The applicant’s diagnoses of PTSD was mitigating for most of the misconduct that resulted her under honorable conditions (general) discharge from the military.

6.  The applicant was provided with a copy of this advisory opinion for acknowledgement and/or rebuttal.  She did not respond.

7.  By regulation (AR 635-200) action will be taken to separate a member for misconduct such as commission of minor infractions.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.

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, the Board determined that relief was not warranted.  Based upon the medical advisory finding that the applicant’s PTSD mitigating some but not all of her misconduct, as well as the applicant already receiving a general discharge, the Board concluded that the characterization of service received at the time of discharge was appropriate.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	X	X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
	 
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 635-200 (Active Duty Enlisted Administrative Separations) 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, commission of a serious offense, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it was clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.

	a.  Paragraph 3-7a states that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member'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.

	b.  Paragraph 3-7b states that 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.  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.


ABCMR Record of Proceedings (cont)	 AR20170002423


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