1. Applicant's Name: a. Application Date: 19 June 2016 b. Date Received: 13 January 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, the applicant was accused of fraternization and misconduct unbecoming an officer, related to marrying an enlisted Soldier. The applicant had no direct official capacity over the Soldier while in the military; and had no martial commitments during the relationship. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Occupational Problem. The applicant is 80% service-connected; 30% for Generalized Anxiety Disorder from the VA. In summary, the applicant's BH diagnosis is not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 10 January 2020, 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: In Lieu of Trial by Court Martial / AR 600-8-24, Paragraph 3-13 / DFS / NA / General (Under Honorable Conditions) b. Date of Discharge: 29 July 2016 c. Separation Facts: Yes (1) Date Charges Were Preferred: 28 August 2015 (2) Basis for Separation: The evidence of record contains a DD Form 458, Charge Sheet which indicates on 28 August 2015, the applicant was charged with having received a lawful command from CPT S.R.W., her superior commissioned officer, to refrain from any physical or verbal contact with SPC C.R.D., or words to that effect, did willfully disobey the same between (27 July 2015 and 30 July 2015); wrongfully and dishonorably engage in oral sex with SPC C.R.D., performing oral sex on him in the backseat of Ms. Z.F.'s vehicle, while the said Ms. F. was driving, such act constituting conduct unbecoming an officer and gentlewoman between (1 April 2015 and 30 April 2015); and knowingly fraternize with SPC C.R.D., an enlisted person, on term of military equality, engaging in sexual activity with him, in violation of the custom of the US Army that officers shall not fraternize with enlisted persons on terms of equality and that said conduct was prejudice of good order and discipline in the armed forces and was of a nature to bring discredit upon the armed forces between (1 April 2015 and 30 April 2015). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 14 September 2015 On 23 October 2015, the applicant voluntarily tendered her resignation from the Army for the good of the service under the provisions of AR 600-8-24, chapter 3, paragraph 3-13. The applicant did not desire to appear before a court-martial or board of officers (BOI). (5) Administrative Separation Board/BOI: None (6) Separation Decision Date / Characterization: On 12 July 2016, The Department of the Army Ad Hoc Review Board reviewed the Resignation for the Good of the Service in Lieu of General Court-Martial tendered by the applicant. The Deputy Assistant Secretary (Army Review Boards) accepted her resignation and she was discharged from the US Army with a General (Under Honorable Conditions) characterization of service. 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 June 2009 / Voluntary Indefinite / one year continuous active duty, effective 27 August 2015. b. Age at Enlistment / Education / GT Score: 25 years / Doctor of Medicine / NA c. Highest Grade Achieved / MOS / Total Service: O-4 / 61R, Diagnostic Radiologist / 7 years, 1 month, 23 days d. Prior Service / Characterizations: Appointed / CPT / RA 8 June 2009 e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, NDSM, GWOTSM, ASR g. Performance Ratings: 30 June 2015 to 10 August 2015, Not Qualified 11 August 2015 to 29 July 2016, Qualified h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated, 12 September 2015, revealed the applicant was screened for PTSD and TBI, these conditions were either not present or, if present, did not meet AR 40-501 criteria for a medical evaluation board. Although, she has shown some understandable signs of stress (tension, infrequent tearfulness and sometimes anger), she remained psychologically stable, with no indications of gross impulsiveness, suicidal preoccupations, signs of psychosis or psychological decompensation. She was fully capable of understanding the current situation, consulting with her counsel and making rational and thoughtful decisions. She does not suffer from any psychological or psychiatric condition that warrants referral for an MEB. She was fully fit for duty in regards to the practice of medicine from a behavioral health perspective. The applicant received several negative counseling statements, for issuing and violating a no contact order; allegations of an inappropriate relationship and removal of a flag. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical Examination, dated 19 October 2015, reflects she was diagnosed with anxiety / depression. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (two pages). 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-100 sets forth the basic authority for the separation of commissioned and warrant officers from the active Army. Chapter 3, Section XV establishes policy and procedures for involuntary relief from active duty. Paragraph 3-58(g) provides that an officer who is found guilty, or action is taken tantamount to a finding of guilty, in a Federal or State court may be immediately released from active duty by the Secretary of the Army, when the offense is punishable under the UCMJ with confinement of one year or more, or when the offense involves moral turpitude, regardless of the sentence received or the maximum punishment under any code. 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 discharge 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. 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 record of service, the issues and documents submitted with her application were carefully reviewed. The record indicates the applicant was charged with the commission of offenses punishable under the Uniform Code of Military Justice with a punitive discharge. The applicant voluntarily requested resignation in lieu of trial by general court-martial under the provisions of Chapter 3, AR 600-8-24. The appropriate authority approved the applicant's request with issuance of a general (under honorable conditions) characterization of service. The applicant did not desire to appear before a court-martial or a board of officers. The applicant seeks relief contending, she was accused of fraternization and misconduct unbecoming an officer, related to her marrying her husband and enlisted Soldier; and she had no direct official capacity over him while in the military; and had no martial commitments during the relationship. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that she was unjustly discharged. 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 10 January 2020, 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 AR20170003870 1