1. Applicant's Name: a. Application Date: 20 September 2016 b. Date Received: 3 October 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, she served honorably throughout her military career. She was experiencing family violence and emotional instability that led to her downfall. She was a victim of family violence to include emotional abuse. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has a variety of OBH diagnoses in AHLTA in the depressive spectrum, a diagnosis of Cocaine related disorders, Marital Problem and substance use disorders. A diagnosis of PTSD did not show in AHLTA. AHLTA showed both FAP and ASAP involvement. The JLV showed her to have a VA SC disability rating of 70%. Her VA problem list did not include psychiatric diagnoses. A VA document for 23 February 2018 showed PTSD used as a diagnosis but the note said she had a 70% disability rating for Adjustment disorder. She did claim that her husband had been committing DV against her, which may explain the PTSD diagnosis in this note and others. VA also referenced homelessness in 2016. There is sufficient evidence of psychiatric impairment during her service to mitigate her misconduct, if she did not already have a General Discharge. In a records review conducted at Arlington, VA on 7 March 2018, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, a prior period of honorable service, the circumstances surrounding the discharge (i.e. severe family manners, domestic violence, in-service and post-service diagnosis of OBH), and a period of homelessness. Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Drug Abuse) / AR 635- 200, Paragraph 14-12c(2) / JKK / RE-4 / General (Under Honorable Conditions) b. Date of Discharge: 11 July 2011 c. Separation Facts: No (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: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 April 2007 / 5 years b. Age at Enlistment / Education / GT Score: 24 years / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-6 / 89B20, Ammunition Specialist / 6 years, 8 months, 15 days d. Prior Service / Characterizations: RA, 27 October 2004 to 26 April 2007 /HD e. Overseas Service / Combat Service: SWA / Iraq, 19 July 2009 to 3 July 2010 f. Awards and Decorations: AGCM, NDSM, ICM-CS, GWOTSM, NOPDR, ASR, OSR, MUC g. Performance Ratings: 1 August 2008 to 31 December 2010, Among The Best h. Disciplinary Action(s) / Evidentiary Record: A Military Police Report dated, 7 December 2007, indicates the applicant was under investigation for having an obscured license plate, on post. A Military Police Report dated, 23 March 2011, revealed that the applicant was under investigation for controlled substance violation, use of cocaine determined by urinalysis test, on post. A Military Police Report dated, 10 May 2011, relates that the applicant was under investigation for being involved in a traffic accident resulting in damage to private property, on post. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); DD Form 214; Enlisted Record Brief; and three support/character statements (eight pages). The applicant annotated on her application that medical and police records were attached; however, these documents were not attached with the application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): 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. Paragraph 14-12c(2) terms abuse of illegal drugs as serious misconduct. It continues; however, by recognizing relevant facts may mitigate the nature of the offense. Therefore, a single drug abuse offense may be combined with one or more minor disciplinary infractions or incidents of other misconduct and processed for separation under paragraph 14-12a or 14-12b as appropriate. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. 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. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 14, paragraph 14-12c(2), by reason of Misconduct (Drug Abuse), with a characterization of service of general (under honorable conditions). Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the DD Form 214 shows a Separation Code of JKK (i.e., misconduct (drug abuse) with a reentry eligibility (RE) code of 4. The applicant's contentions were carefully considered regarding, she served honorably throughout her military career; she was experiencing family violence and emotional instability that led to her downfall. However, a determination as to the merit of these contentions cannot be substantiated because the facts and circumstances leading to the discharge are not contained in the available record. The applicant further contends, she was a victim of family violence to include emotional abuse. A CID report was requested due to the applicant alleging family violence and emotional abuse. However, a CID report was not available regarding the issues previously mentioned. A military police report was provided that indicated an arrest was made for assault family violence impeding breath or circulation. Another MP report shows that the applicant was involved in a vehicle accident resulting in damage to private property with no personal injuries reported. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 7 March 2018, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length of service, to include combat service, a prior period of honorable service, the circumstances surrounding the discharge (i.e. severe family manners, domestic violence, in- service and post-service diagnosis of OBH), and a period of homelessness. Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, Chapter 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN, and the reentry code to RE-3. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, Chapter 14-12a e. Change SPD/RE Code to: Change SPD to JKN / Change to RE code to 3 f. Restore Grade to: No Change 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 AR20160017655 1