1. Applicant's Name: a. Application Date: 30 October 2016 b. Date Received: 3 November 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her under other than honorable conditions discharge to general (under honorable conditions) or honorable. The applicant seeks relief contending, in effect, her discharge was inequitable because she was never AWOL. Her life was in danger by CPT C. and COL J. unofficially placed her under the command of LTC M. for her safety. LTC M. was aware of her location at all times. Additionally, she spoke and reported those continuous threats, duress and harassment to Senator L's office. She request the Board to redress her discharge and upgrade it to honorable or general / under honorable conditions. On 23 September 2004, her life and career were threatened and she was under duress and was harassed by three superior white officers, MAJ G., MAJ G. and CPT C in an office with the door closed for four continuous hours. She believes upgrading her discharge to honorable would be justifiable. The evidence of record reflects the applicant had a prior records review conducted at Arlington, VA on 19 September 2007. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has AHLTA diagnoses of Adjustment Disorder, Adjustment Disorder with Disturbance of Emotions and Conduct, and Occupational Problems. She had no service- connected VA disability percentages in the JLV or VA outpatient visits. All her mental health visits in the Army had to do with the difficulties she had adjusting to the demands of Army life as an Officer and her sense of being unjustly treated during her service. In one session, she also expressed physical fear of her company commander. There was no basis for the upgrade based on the available medical records. In a personal appearance hearing conducted at Arlington, VA on 16 October 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's severe family matters, behavioral health issues, compelling personal testimony and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: In Lieu of Trial by Court-Martial / AR 600- 8-24, Chapter 3-13 / DFS / NA / Under Other Than Honorable Conditions b. Date of Discharge: 14 May 2005 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 30 November 2004, the applicant was charged with: Violating Article 86, UCMJ, two specifications: for being AWOL on between 19 to 23 November 2004; and, failing to go at the time prescribed to her appointed place of duty, 2 November 2004. Violating Article 89, UCMJ, for disrespecting her superior commissioned officer (28 October 2004). Violating Article 90, UCMJ, three specifications, for disobeying lawful orders on 26 October 2004 (x2) and 8 November 2004. Violating Article 133, UCMJ, on multiple occasions between on or about 7 October 2004 and on or about 29 November 2004, while in the performance of her duties willfully conduct herself in a manner unbecoming an officer and a lady by wrongfully and dishonorably engaging in a course of misconduct designed to avoid combat deployment and to procure an early separation from the military. (2) Legal Consultation Date: NIF (3) Basis for Separation: Pursuant to applicant's request for discharge under the provisions of Chapter 3, AR 600-8-24, Resignation, In Lieu of Trial by Court-Martial. (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date/Characterization: 13 April 2005 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Appointment: 18 January 2004 / Indefinite b. Age at Appointment / Education / GT Score: 43 / Bachelor's Degree / NA b. Highest Grade Achieved / MOS / Total Service: O-2 / 66H, Medical-Surgical Nurse / c. 1 year, 3 months, 27 days d. Prior Service / Characterizations: USAR, 23 September 2003 - 17 January 2004 / NA e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: 22 May 2004 - 23 September 2004, Do Not Promote h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of her active duty medical records, which reflect she was treated for an Adjustment Disorder and depression. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; copies of her medical records; previous application to the ABCMR; Congressional inquiry; and, a VA claim. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 600-8-24 prescribes the policies and procedures governing the transfer and discharge of Army officers. Chapter 3, paragraph 3-13 outlines the rules for processing requests for resignation for the good of the Service in lieu of trial by a general court-martial. A discharge under other than honorable conditions is an administrative separation from the service under conditions other than honorable. An officer will normally receive an under other than honorable conditions when they resign for the good of the service, are dropped from the rolls of the Army, are involuntarily separated due to misconduct, moral or professional dereliction, or for the final revocation of a security clearance as a result of an act or acts of misconduct. 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 conditions. 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 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 she should have been retained on Active Duty. The applicant contends that she was never AWOL. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with her overall service record. Further, the applicant voluntarily submitted her resignation for the good of the service in lieu of a general court-martial. The applicant contends that she was harrased and threatened by members of her chain of command; however, the applicant had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that she ever sought such assistance before committing the misconduct which led to the separation action under review. Likewise, she has provided no evidence that she should not be held responsible for her misconduct. 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 personal appearance hearing conducted at Arlington, VA on 16 October 2017, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's severe family matters, behavioral health issues, compelling personal testimony and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): Documents from initial military training and evaluations - 20 pages DAV statement and associated medical documents - 15 pages b. The applicant presented the following additional contention(s): Change the characterization to Honorable c. Witness(es) / Observer(s): None. 11. 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: 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 AR20160019246 4