1. Applicant’s Name: a. Application Date: 28 October 2015 b. Date Received: 9 November 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable and a change to her narrative reason for separation. The applicant seeks relief contending, in effect, that her discharge was the result of no longer having child care. She was allowed to go and retrieve her children and return for discharge processing. Per the Board’s Medical Officer, based on the information available for review at the time, the applicant has no mitigating behavioral health conditions for the offenses leading to his separation from the military. The military and VA electronic medical records were reviewed. In a records review conducted at Arlington, VA on 7 December 2016, 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: Misconduct (AWOL) / AR 635-200, Paragraph 14-12c(1) / JKD / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 9 July 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 July 2007 (2) Basis for Separation: The applicant was informed of the following reasons: AWOL (3 June 2007 to 7 June 2007); disobeyed a lawful command, provided a false statement, assaulted two individuals (one a law enforcement officer); and, provided alcohol to an underage person, had an open alcohol container in a vehicle, and disorderly and indecently exposed herself. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 3 July 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 July 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 24 August 2006 / 4 years b. Age at Enlistment / Education / GT Score: 27 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-2 / 68W10, Health Care Specialist / 10 months, 11 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 14 June 2007, for going AWOL (3 June 2007 to 7 June 2007), disobeying a lawful command from a commissioned officer, making an official statement, assaulting S.R.M. and J.A.D., military law enforcement officers, disobeying a lawful order from a commissioned officer, wrongfully have an open alcoholic beverage in her possession while vehicle was in operation, disorderly conduct, and indecent exposure, all of which occurred on 30 April 2007. The punishment consisted of forfeiture of $650 pay per month for two months, 45 days extra duty and restriction, and an oral reprimand. Military Police Report, dated 30 April 2007, reflects the applicant was the subject of an investigation for drunken operation of a vehicle, drinking underage without permission, drunk and disorderly, simple assault on civilian law enforcement, delivery of alcohol to a minor, disobeying a lawful order of commanding officer, failure to obey order – failure to identify, impersonating a noncommissioned officer, open container of alcohol in a motor vehicle, speeding (16 – 20 MPH over speed limit), no insurance, and no driver’s license in possession. Two DA Forms 4187 reflect the applicant’s duty status changed from “Present for Duty” to “AWOL,” effective 3 June 2007 and back to “PDY,” effective 7 June 2007. Negative counseling statements for having an open alcohol contain in the car, giving alcohol to an underage Soldier, leaving the company after bed check, going AWOL, and notification of Chapter 14 proceedings command directed. i. Lost Time / Mode of Return: 5 days (AWOL, 3 June 2007 to 7 June 2007) / mode of return is unknown j. Diagnosed PTSD / TBI / Behavioral Health: Chronological Record of Medical Care documents, dated 3 July 2007, reflect the applicant was diagnosed with an adjustment disorder with depressed mood and was receiving treatment. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 149. 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 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. Paragraph 14-12c(1) allows for an absentee returned to military control from a status of absent without leave or desertion to be separated for commission of a serious offense. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, Misconduct (AWOL). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKD" will be assigned an RE Code of 3. 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.” 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable and a change to her narrative reason for separation. The applicant’s record of service, the documents and the issues submitted with the application were carefully reviewed. The record confirms 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 provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance. The applicant contends that her discharge was the result of no longer having childcare. She was allowed to go and retrieve her children and return for discharge processing. However, 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. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that she was allowed by her command to go and retrieve her children and return for discharge processing. The applicant’s statements alone do not overcome the government’s presumption of regularity and no additional corroborating and supporting documentation or further evidence has been provided with the request for an upgrade of the discharge. 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 December 2016, 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. SPD/RE Code Change to: No Change e. Restoration to Grade: No Change Authenticating Official: Microsoft Office Signature Line... 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