1. Applicant's Name: a. Application Date: 2 December 2015 b. Date Received: 21 December 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. The applicant seeks relief contending, in effect, she believes the process was rushed and she did not know how bad it would affect her in the civilian world. She contends that was a great Soldier, she served almost seven and a half years, with two tours in Iraq, no negative counseling statements, maxed every PT test after AIT, and volunteered for unit functions. The applicant further contends that her misconduct began while deployed in 2010, when found out the man she was dating was married. She began to see a psychiatrist and was placed on medications, which affected her sleep as well as caused her to become depressed. She did not care anymore. The applicant now believes she deserves help instead of punishment but she is being denied because she does not have an honorable discharge. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a mitigating behavioral health condition (depression) for some of the offenses (failure to be at appointed place of duty June/July 2010 secondary to medication side effects) but not the majority of offenses (e.g. DUI/GOMOR; other failure to report; inappropriate relationships; communicating a threat; failure to follow lawful order; and others) which led to her separation from the Army. A limited review through the JLV (Joint Legacy Viewer) of the applicant's Veterans Affairs records notes 39 problems (DOD only; no VA entries or notes found). The Veterans Affairs has not service-connected the applicant. In a records review conducted at Arlington, VA on 10 May 2017, 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: Pattern of Misconduct / AR 635-200, Paragraph 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 9 March 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 21 January 2011 (2) Basis for Separation: The applicant was informed of the following reasons: physically took control of a motor vehicle while her blood-alcohol level was .16 grams of alcohol per 100 milliliters of whole blood (January 2009); failed to follow a lawful order, by wrongfully having an inappropriate relationship and wrongfully communicating a threat by telephone message (September 2009); failed to follow a lawful order to be in her room between the hours of 2100 and 0800 (December 2009); and, failed to go at the time prescribed to her appointed place of duty (September 2010). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 3 February 2011 (5) Administrative Separation Board: Waived, 3 February 2011, contingent upon receiving a characterization of service of general (under honorable conditions) (6) Separation Decision Date / Characterization: 14 February 2011 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 July 2006 / 6 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-4 / 36B10, Financial Management / 7 years, 2 months, 11 months d. Prior Service / Characterizations: RA, 29 December 2003 to 13 July 2006 / HD e. Overseas Service / Combat Service: Germany, SWA / Iraq (9 February 2006 to 27 July 2006 and 29 July 2009 to 24 January 2010) f. Awards and Decorations: AAM-3, MUC, AGCM, NDSM, GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand, dated 29 January 2009, for driving while impaired on 8 January 2009 with a blood- alcohol level of .16 grams of alcohol per 100 milliliters of whole blood. FG Article 15, dated 2 October 2009, for disobeying a lawful order from SFC P.A.S., a noncommissioned officer (8 September 2009), having an inappropriate relationship with SPC M.H., a married man, not her husband (7 July 2009 to 21 August 2009), wrongfully communicating to SPC C.H., a threat by telephone voice message and wrongfully communicating to SPC C.H., by electronic mail (e-mail), a threat. The punishment consisted of reduction to E-3 (suspended), forfeiture of $930 per month for one month (suspended), and 45 days extra duty. Record of Supplementary Action Under Article 15 UCMJ, dated 18 December 2009, vacated the suspension of reduction to E-3 and forfeiture of $930 pay per month for one month imposed on 2 October 2009. The vacation was based on the applicant failed to obey a lawful order from MSG J.O., a noncommissioned officer (14 November 2009). FG Article 15, dated 23 September 2010, for failure to go at the time prescribed to her appointed placed of duty on divers occasions (10 and 23 June 2010, 6, 20, and 23 July 2010). The punishment consisted of reduction to E-3 (suspended), forfeiture of $000 [sic] pay per month for one month (suspended), 30 days extra duty (suspended), and 30 days restriction. The applicant received numerous negative counseling statements for various acts of misconduct and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Behavioral Health Evaluation, dated 18 November 2010, reflects the applicant was diagnosed (Axis I) adjustment disorder with depressed mood. It was noted that the applicant had had ongoing mental health issues since 2005. She had some treatment, but none consistently. Her current misbehavior (being late to formation for oversleeping and poor work performance) may have been related to ongoing untreated depressed mood. Until she was evaluated further and given an opportunity to rehabilitate, she should not be put out on a Chapter 14. At that time, the Soldier (applicant) was NOT psychiatrically cleared for any administrative action deemed appropriate by command. She had been schedule assessment appointment with psychiatry and psychology and the provider would discuss the case with other providers and modify her recommendation for a chapter if deemed necessary. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 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 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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. The applicant's record of service, the issues and documents submitted with her 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, such that he should have been retained on Active duty. The applicant contends that the process was rushed and she did not know how bad it would affect her in the civilian world. She had no troubles until she found out a guy she was dating was married which she got into trouble for while deployed to Iraq in 2009. She contends this hit her really hard and after redeploying in 2010 she went to anger management to a psychiatrist where she began taking medications. Her negative counseling's were for FTR's because her medication was affecting her sleeping and caused her to be depressed. The applicant contends that she was a great Soldier who served over seven years of service, with two tours in Iraq. The applicant's service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceeding were carefully considered and the applicant is to be commended on her accomplishment. However, it appears this service was determined not to be sufficiently mitigating to warrant an honorable discharge at the time of discharge as shown by the repeated incidents of misconduct or by the multiple negative counseling statements and the documented actions under Article 15 of the Uniform Code of Military Justice. The applicant's contentions regarding being depressed and not caring any more were noted; evidence in the records reflect the applicant underwent a Behavioral Health Evaluation, on 18 November 2010, and the applicant was diagnosed with (Axis I) adjustment disorder with depressed mood. It was noted that the applicant had had ongoing mental health issues since 2005. She had some treatment, but none consistently. Her current misbehavior (being late to formation for oversleeping and poor work performance) may have been related to ongoing untreated depressed mood. Until she was evaluated further and given an opportunity to rehabilitate, she should not be put out on a Chapter 14. At that time, the Soldier (applicant) was not psychiatrically cleared for any administrative action deemed appropriate by command. She had been schedule an assessment appointment with psychiatry and psychology and the provider would discuss the case with other providers and modify her recommendation for a chapter if deemed necessary. The record is void of supporting documents indicating the applicant was psychiatrically cleared for an administrative action at a later time by her command. It should be noted by regulation, a UOTHC discharge is normally appropriate for a member separated by reason of pattern of misconduct. It appears the applicant's generally good record of service was the basis for her receiving a GD instead of the normal UOTHC 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 10 May 2017, 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. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160000327 1