1. Applicant's Name: a. Application Date: 28 April 2016 b. Date Received: 2 May 2016 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 reentry eligibility (RE) code. The applicant seeks relief contending, in effect, she would like an upgrade and the change to her RE code in order to be eligible to join the Army Reserve. The applicant states that her misconduct, being late to formation four times, was caused by lack of sleep due to stress and anxiety that was later diagnosed by an outside therapist, and further mentioning that was the only disciplinary issue she had in her 31 months of service. The applicant also states that she was seen by Army therapists from 2013 to 2015; however, she was never officially diagnosed or prescribed medication. She has since then been prescribed medication and is no longer experiencing those problems. The applicant alleges that her paperwork did not add up, that she was notified that she was being reduced from E-4 to E-3; however, she was reduced to E-1 and that she believes the judgement was unfair and slightly exaggerated. She contends that she was an exceptional Soldier with great promise in her future military career. 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 (borderline personality disorder) 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 23 problems (one VA-entered - low back pain). The Veterans Affairs has service-connected the applicant at 30 percent overall (limited flexion of knee (right) at 10 percent; limited flexion of knee (left) at 10 percent; lumbosacral or cervical strain at 10 percent). In a records review conducted at Arlington, VA on 24 May 2017, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service and circumstances surrounding her discharge (i.e. applicant should have been administratively discharged prior to the events of misconduct), 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 honorable. 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: Pattern of Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 17 February 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 26 January 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 July 2012 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-4 / 25U10, Signal Support Systems Specialist / 2 years, 6 months, 18 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: (Note: The file is void of facts; however, the applicant provided portions of the case separation file.) Individual Sick Slip, dated 3 April 2013, reflects the applicant was scheduled a behavioral health appointment for 11 April 2013. FG Article 15, dated 13 November 2014, for failing to be at the time prescribed at her appointed place of duty (20 October 2014). (Page 2 of 6) DA Form 2627, date unknown, Block 6, Punishment consisted of a reduction to E-3, forfeiture of $959.00 pay, suspended, to be automatically remitted if not vacated before 28 December 2014, extra duty for 45 days, restriction to the limits of company area, dining/medical facility, and place of worship for 45 days. Article 15 Punishment Worksheet, date punishment imposed 13 November 2014, imposing commander, LTC I.L.S. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: DD Form 2807-1, page 2 of 3, reflects the applicant reported behavioral health issues and being on medication. However, the form does not include the medical examiner's notes. DD Form 2808, page 3 of 3, reflects the applicant was diagnosed with borderline personality disorder and was receiving treatment from behavioral health. In addition, the applicant had a T3 profile for suicidal thoughts. The applicant met retention criteria per AR 40-501. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 with enclosure listed in block 8 of application. 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 14-12a addresses minor disciplinary infractions, defined as a pattern of misconduct, consisting solely of minor military disciplinary infractions. 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. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, Pattern of Misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" 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 reentry eligibility (RE) code. The applicant's available record of service, the issues and documents submitted with her application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army. Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant's contentions about her misconduct being caused by lack of sleep due to behavioral health issues, being the only misconduct she had in her 31 months of service, her reduction to E-1 being unfair and exaggerated, and her being an exceptional Soldier with great promise in her future military career were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. The applicant desires to join the Army Reserve. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. If the applicant desires a personal appearance hearing, it will be her responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. 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 24 May 2017, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service and circumstances surrounding her discharge (i.e. applicant should have been administratively discharged prior to the events of misconduct), 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 honorable. 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 DD-214: Yes b. Change Characterization to: Honorable 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: 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 AR20160008965 1