1. Applicant’s Name: a. Application Date: 23 July 2015 b. Date Received: 31 July 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her under other than honorable conditions discharge to general, under honorable conditions. The applicant seeks relief contending, in effect, she was diagnosed with Retro Viral Syndrome and Major Depression. She was non-deployable and was being treated by a VA medical facility and continues to receive treatment, which is detrimental to her health. Due to the severity and confidential nature of her condition, she was advised to inform only those who needed to know, which did not include her NCOIC. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a mitigating medical or conditions for the offense of several unexcused absences. New diagnosis of Retro Viral Syndrome appears to have contributed to a change in both mood and behaviors, in which she displayed poor decision to include being absent from duty and not communicating her whereabouts to her command. Initially diagnosed with Adjustment Disorder with Depressed Mood in January 2011 shortly after learning about diagnosis. Depression diagnosis in March 2011 from Louisiana VA. Commander was informed for medical status in January 2011; however, attempts to contact the applicant in regards to absences in 2012 were unsuccessful. In a records review conducted at Arlington, VA on 7 September 2016, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of her service, to include his combat service, and the circumstances surrounding the discharge (i.e. in-service medical diagnosis of Retro Viral Syndrome), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined the reason for discharge was proper and equitable and voted not to change it. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Unsatisfactory Participation / AR 135-178 / Chapter 13 / NIF / NIF / Under Other Than Honorable Conditions b. Date of Discharge: 19 March 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 October 2012 (2) Basis for Separation: The applicant accrued nine unexcused absences in a one year period. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: On 15 October 2015, the Unit Administrator mailed the applicant the notification of separation memorandum via the United States Postal Service (USPS), certified mail. The USPS attempted to deliver the notice on 18 October 2012, 23 October 2012 and 2 November 2012. The USPS returned the notification to the applicant’s unit marked as “unclaimed.” In accordance with the notification memorandum the failure to respond to the notification letter would constitute a waiver to consult with counsel and appear before an administrative separation board. (5) Administrative Separation Board: Waived, see preceding paragraph 3c(4). (6) Separation Decision Date/Characterization: 5 March 2013 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date/Period of Enlistment: 22 December 2008 (period under review) / 5 January 2008 (last reenlistment) / 6 years b. Age at Enlistment/Education/GT Score: 31 / HS Graduate / 100 c. Highest Grade Achieved/MOS/Total Service: E-5 / 25B10, IT Specialist / 18 years, 1 month, 25 days d. Prior Service/Characterizations: RA, 18 January 1995 - 17 January 1999 / HD USAR, 18 January 1999 - 5 March 2008 / NA AGR, 6 March 2008 - 21 December 2008 / HD e. Overseas Service/Combat Service: Korea, SWA / Iraq (8 May 2008 - 16 November 2008) f. Awards and Decorations: AAM-2, AGCM, NDSM, GWTSM, ICM-CS, ASR, AFRMM (The DD Form 214 does not reflect the applicant’s KDSM for her service in Korea, 15 June 1995 -14 June 1996) g. Performance Ratings: 1 January 2009 - 31 December 2009, Fully Capable h. Disciplinary Action(s)/Evidentiary Record: Memorandum, dated 22 May 2012, reflects the applicant was absent from scheduled unit training assembly or multiple unit training assembly (MUTA) for the following periods: MUTA 1 and 2 on 19 May 2012; and, MUTA 1 and 2 on 20 May 2012. Memorandum, dated 17 June 2012, reflects the applicant was absent from scheduled unit training assembly or MUTA for the following periods: MUTA 1 and 2 on 1 June 2012 and MUTA 1 and 2 on 2 June 2012. Commander’s Report, dated 29 November 2012, reflects the applicant was counseled on 15 October 2012, wherein the applicant’s commander informed her she could not miss anymore Battle Assemblies. The commander chose to pursue chapter proceedings because the applicant missed MUTAs in May, June, and July 2012, without providing an excuse. The unit made every attempt to recover the applicant; however, the applicant failed to communicate with the unit. The applicant provided a copy of her Statement of Medical Examination and Duty Status, dated 28 January 2011, which reflects the applicant was diagnosed with Retro Viral Syndrome. The diagnosis was considered to be in the line of duty. i. Lost Time: NIF j. Diagnosed PTSD/TBI/Behavioral Health: The applicant provided an extract of her VA medical record, dated 13 July 2015, which reflects the applicant was diagnosed with depression. 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 23 July 2015; Statement of Medical Examination, dated 28 January 2011; an extract of her VA medical record; a statement of wartime service, dated 13 October 2008; award (memo) of the AFRM, dated 10 October 2008; memo authorizing wartime should sleeve insignia, dated 4 October 2008; and, award (memo) of the GWTSM, dated 10 October 2008. 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 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier. Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases. 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 general, under honorable conditions. The applicant’s record of service, the issues and documents submitted with her application were carefully reviewed. The record confirms that the applicant’s discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant contends that medical issues contributed to her discharge from the U.S. Army Reserves. Due to the severity and confidential nature of her condition, she was advised to inform only those who needed to know, which did not include her NCOIC. The rationale the applicant provided as the basis for what she believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. The evidence of record shows the applicant’s unit attempted to contact her regarding her absences from training, but the applicant failed to respond. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. 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 7 September 2016, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant’s length and quality of her service, to include his combat service, and the circumstances surrounding the discharge (i.e. in-service medical diagnosis of Retro Viral Syndrome), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board determined the reason for discharge was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New Separation Order: Yes b. Change Characterization to: General (Under Honorable Conditions) c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable 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 OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police PTSD - Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 VA - Veterans Affair ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150012895 5