1. Applicant's Name: a. Application Date: 13 February 2017 b. Date Received: 21 February 2017 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, her discharge was inequitable because it was based on her performance during her last year of service. During that time, she was suffering from anxiety and a major depressive disorder. She is 50 percent disabled by the VA for anxiety and depression. She was punished, ridiculed, and singled-out for seeking help for her mental health issues and having so many doctors' appointments. Prior to the numerous counseling statements she received for poor performance at the end of her service, she had no adverse actions or negative counseling statements. Per the Board's Medical Officer, based on the information available for review at the time, case files, AHLTA and JLV were reviewed. She received no psychiatric profiles while on active duty and there is no indication her Adjustment Disorder interfered with her military functioning. JLV indicates that she is 60% serviced connected (what she is service connected for is not indicated in her VA records). Based on the available information, the applicant does not have a mitigating Behavioral Health disorder In a records review conducted at Arlington, VA on 15 June 2018, 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: Unsatisfactory Performance / AR 635- 200, Chapter 13 / JHJ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 18 September 2015 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons for her discharge; she lost positive identification of her meal card (21 August 2013); without authority, fail to go at the time prescribed to her appointed place of duty x4 (20 October 2014, 16 March 2015, 14 April 2015 and 25 June 2015); lying to a noncommissioned officer, "All required paperwork is in the folder," or words to that effect, then known by her to be false (10 April 2015). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF, government regularity prevails in the discharge process. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 26 August 2015 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 September 2012 / 6 years b. Age at Enlistment / Education / GT Score: 19 years / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-4 / 15E10, Unmanned Aircraft Systems Repairer / 3 years, 8 months d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: NDSM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Personal Health Information medical documents, dated 27 June 2016, relates the applicant was diagnosed with an adjustment disorder with depressed mood; also these documents indicate a diagnosis of insomnia, unspecified, major depressive disorder, single episode, moderate, adjustment disorder with mixed anxiety and depressed mood. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and medical documentation (164 pages). 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 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier. Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service 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 a mental health condition, including PTSD; TBI; or sexual assault/harassment 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 characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors 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. Caution shall be exercised 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 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 complete 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 authenticated by the applicant's digital 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 13, paragraph 13, by reason of unsatisfactory performance, 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 JHJ (i.e., unsatisfactory performance), with a reentry eligibility (RE) code of 3. The applicant's contentions were carefully considered regarding, her discharge was inequitable because it was based on her performance during her last year of service; and prior to the numerous counseling statements she received for poor performance at the end of her service, she had no adverse actions or negative counseling statements. However, the merit of these contentions cannot be substantiated because the complete facts and circumstances leading to the discharge are not contained in the available record. The applicant further contends, during that time, she was suffering from anxiety and major depressive disorder. The applicant submitted medical documents revealing she was diagnosed with an adjustment disorder with depressed mood; also these documents indicate a diagnosis of insomnia, unspecified, major depressive disorder, single episode, moderate, adjustment disorder with mixed anxiety and depressed mood. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during her discharge processing that would have warranted her separation processing through medical channels. The applicant also contends, she is 50 percent disabled by the VA for anxiety and depression. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the available record, nor has the applicant produced any evidence to support the contention that she is 50 percent disabled. The applicant additionally contends, she was punished, ridiculed, and singled-out for seeking help for her mental health issues and having so many doctors' appointments. The available 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 characterization of the applicant's discharge is commensurate with her overall service record. If the applicant desires a personal appearance hearing, it is 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. 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 15 June 2018, 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 a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code 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 AR20170003309 4