1. Applicant's Name: a. Application Date: 27 February 2017 b. Date Received: 13 March 2017 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 narrative reason change. The applicant seeks relief contending, in effect, when she enlisted in the Army, she was looking for a career. She enjoyed the basic training and AIT schools. She fractured her hip and was unable to graduate from AIT. The fracture was so bad that she had to be confined to a wheel chair. She was very active prior to her enlistment, so being confined to a wheel chair was very hard for her. It was difficult for her to watch her peers excel in their training and moving on to assignments. She was very immature and acted out in ways that were unbecoming of a Soldier. She should have made better choices. While in the Army, she was diagnosed with a depression disorder and anxiety. She is currently receiving partial disability benefits from the VA for PSTD. Looking back now, she can see the mistakes she has made and now she is working as a nursing assistant, but this is not the career field that she desires. Her goal is to pursue a career in the dental field. She has applied for education benefits through the VA, but she is not eligible due to her discharge. An honorable discharge would open up avenues for education and VA benefits and afford her the opportunity to make a better life for herself. Per the Board's Medical Officer, based on the information available for review at the time, her misconduct was not mitigated by a behavioral health condition. A diagnoses of PTSD by the VA was not found in JLV. In a records review conducted at Arlington, VA on 19 July 2017, 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: Pattern of Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 19 December 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 December 2014 (2) Basis for Separation: The applicant was informed of the following reasons: Demonstrated a pattern of misconduct; Received two CG Article 15s; Received one FG Article 15; Her misconduct includes failing to report and failing to go at the time prescribed to her appointed place of duty; unauthorized wearing of civilian clothes, making a false official statement, and taking over the counter cold medication in excess of the prescribed dosage for purpose other than its intended medical purpose. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 8 December 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 17 December 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 April 2014 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 8 months, 12 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 6 August 2014, for failing to obey a lawful order by wearing civilian clothes while in Phase IV; and, made a false official statement (22 July 2014). The punishment consisted of extra duty and restriction for 12 days. FG Article 15, dated 14 October 2014, for failing to go at the time prescribed to her appointed place of duty (21 August and 18 September 2014); failing to obey a lawful order (8 July 2014); and orally communicate certain indecent language (3 September 2014). The punishment consisted of a forfeiture of $175 pay (month suspended for 14 days); and, extra duty and restriction for 14 days. Report of Mental Status Evaluation, dated 13 November 2014, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. FG Article 15, dated 20 November 2014, for wrongfully using over the counter cold medication in a manner contrary to its intended medical purpose or in excess of the prescribed dosage (7 October 2014). The punishment consisted of a reduction to E-1; forfeiture of $765 pay per month for two months; and, extra duty and restriction for 45 days. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of her VA disability rating decision, dated 19 August 2016, which reflects the applicant was rated 30 percent disability for other specified depressive disorder (also claimed as depression, anxiety, PTSD, and sleep disturbance). 5. APPLICANT-PROVIDED EVIDENCE: Online application, DD Form 214; and, copies of her medical records. 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 14-12b 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, paragraph 12b, pattern 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." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable and a narrative reason change. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. 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 the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 14, paragraph 14-12b, AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct," and the separation code is "JKA." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends the Veterans Administration has granted her a service connected disability for Post-Traumatic Stress Disorder (PTSD). However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 13 November 2014, the applicant underwent a mental status evaluation which indicates she was mentally responsible, with thought content as clear, and was able to recognize right from wrong. It appears the applicant's chain of command determined that she knew the difference between what was right and wrong as indicated by the mental status evaluation. The applicant contends that she applied for education benefits through the VA, but she is not eligible due to her discharge, an honorable discharge would open up avenues for education and VA benefits and afford her the opportunity to make a better life for herself. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should continue to contact her local office of the Department of Veterans Affairs. 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 19 July 2017, 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 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 AR20170003625 5