1. Applicant's Name: a. Application Date: 28 December 2015 b. Date Received: 4 January 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in effect, her discharge was a harsh result from a situation that could have been prevented had she recognized that she had a problem and sought help. The applicant contends that she was severely depressed and did not know it until she received help. She made a grave mistake and willfully owned up to her actions. She was extremely stressed out and too proud to acknowledge that she had a problem. The applicant was having a hard time dealing with the back to back deaths of her family members that she was extremely close to. The applicant states that her discharge hinders her from disability and educational benefits that could help her fulfill a healthy or positive life. Per the Board's Medical Officer, based on the information available for review at the time, the applicant did have a mitigating behavioral health condition for the offenses 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 44 problems (three VA entered) including major depressive disorder recurrent moderate, anxiety disorder unspecified and others. The Veterans Affairs has service-connected the applicant at 80 percent overall (major depressive disorder at 70 percent). In a records review conducted at Arlington, VA on 10 May 2017, 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 service, severe family matters (i.e. two family members died close together, witnessed physical abuse of mother when a child, and suicidal attempts), and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade to 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. This Board action entails restoration of grade/rank to E-4/SPC. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: In Lieu of Trial by Court Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 21 December 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: DD Form 458 (Charge Sheet), dated 4 November 2015, reflects the applicant was charged with violation of the UCMJ, Articles 86, 90, and 91. (2) Basis for Separation: The applicant was informed of the following reasons: Charge I: Violation of the UCMJ, Article 86, AWOL Charge II: Violation of the UCMJ, Article 90, Willfully disobeying superior commissioned officer (with two specifications) Charge III: Violation of the UCMJ, Article 91, Insubordinate conduct toward noncommissioned officer (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: NIF (5) Separation Decision Date/Characterization: 10 December 2015 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 January 2015 / 3 years b. Age at Enlistment / Education / GT Score: 23 / Associate's Degree / 114 c. Highest Grade Achieved / MOS / Total Service: E-5 / 92A10, Automated Logistical Specialist / 4 years, 2 months, 4 days d. Prior Service / Characterizations: RA, 18 October 2011 to 14 January 2015 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM-2, AGCM, NDSM, GWOTSM, ASR g. Performance Ratings: NIF h. Disciplinary Action(s) / Evidentiary Record: Positive urinalysis test coded IR (Inspection Random), dated 26 May 2015, for THC. FG Article 15, dated 9 July 2015, for wrongful use of marijuana between (27 April 2015 and 26 May 2015). The punishment consisted of a reduction to E-4 and extra duty for 45 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and five character / support statements. 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 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Army policy states although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 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 honorable. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. Her record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority at the time of discharge. The applicant contends that her discharge was a harsh result from a situation that could have been prevented had she recognized that she had a problem and sought help. 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 applicant further contends, she was severely depressed and did not know it until she received help. The service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate that the discharge was the result of any medical condition. The applicant also contends, she made a grave mistake and willfully owned up to her actions. The service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of her service, brought discredit on the Army, and were prejudicial to good order and discipline. The applicant additionally contends, she was extremely stressed out and too proud to acknowledge that she had a problem. She was having a hard time dealing with the back to back deaths of her family members that she was extremely close to. The record of evidence does not demonstrate that she sought relief from stress through her command or the numerous Army community services like the Chaplain, Community Counseling Center, and other medical resources available to all Soldiers. Lastly, the applicant states that her discharge hinders her from disability and educational benefits that could help her fulfill a healthy or positive life. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The third party statements provided with the application speak highly of the applicant's performance. However, all of the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 determined that the characterization of service was too harsh based on the applicant's length and quality of service, severe family matters (i.e. two family members died close together, witnessed physical abuse of mother when a child, and suicidal attempts), and as a result it is inequitable. Accordingly, the Board voted to grant partial relief in the form of an upgrade to 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. This Board action entails restoration of grade/rank to E-4/SPC. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General, Under Honorable Conditions c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change f. Restore (Restoration of) Grade to: E-4/SPC 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 AR20160000900 4