1. Applicant's Name: a. Application Date: 17 February 2017 b. Date Received: 13 March 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 unfavorable due to her untreated service connected disability of PTSD, which directly influenced her actions. If she had been diagnosed and treated while in service, it is more likely than not she would have received a more favorable character of discharge. Per the Board's Medical Officer, based on the information available for review at the time, the applicant made no reference to a MST at the time of her discharge. The applicant is contending PTSD related to an MST explains and mitigates the misconduct that proceed her discharge. Her AHLTA psychiatric or psychiatrically relevant diagnoses include Abortion, Adjustment Disorder with Anxiety, Adjustment Disorder with Depressed Mood, Depression, Exposure to STD, Obesity, Occupational Problem, but no TBI or PTSD diagnoses in AHLTA. At the time of her abortion she was reported to be feeling "slightly depressed for 1 month" and to have had anhedonia for 2 weeks. She complained of depression in Primary Care on 18 January, saying she just wanted to lie in bed. She was also complaining of being irritable, and not getting on with her NCOs. She had a Chapter physical on 02 December 2008, but results were not in note. There appears to be a gap of roughly six years from the time the applicant left service to the diagnosis of PTSD. In any event, the applicant's misconduct, as presented by her command, had numerous instances of dishonesty that had no connection to depression or PTSD, but to efforts to elude detection or to punish another solider, as when she changed records to lower a soldier's rank. These are not caused by PTSD. 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 6 February 2009 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 12 December 2008 (2) Basis for Separation: The applicant was informed of the following reasons for her discharge; on 17 July 2008, she received a CG Article 15 for two Article 86 violations; on 28 July 2008, vacation of that punishment for an Article 86 violation; CG Article 15 for two Article 92 violations and two 134 violations (14 September 2008, 24 September 2008 and 25 September 2008; and on 10 December 2008, she received a CG Article 15, for an Article 86 violation, Article 107 and an Article 134 violations. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 24 December 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 31 December 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 July 2005 / 4 years b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / 110 c. Highest Grade Achieved / MOS / Total Service: E-4 / 42A10, Human Resources Specialist / 3 years, 6 months, 18 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Korea / SWA / Afghanistan, 29 April 2008 to 13 January 2009 f. Awards and Decorations: ARCOM, AGCM, NDSM, ACM, GWOTSM, KDSM, ASR, OSR, NATO MDL g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 10 December 2008, for without authority, fail to go at the time prescribed to her appointed place of duty (11 November 2008); with intent to deceive, make to SSG T.C., an official statement, which statement was false (11 November 2008); and wrongfully solicit PFC C.W.L., to commit an offense in violation of the UCMJ, to make an false official statement (11 November 2008); reduction to PVT / E-1, forfeiture of $314 pay for one month and extra duty for 14 days. CG Article 15, dated 27 October 2008, in that she should have known of her duties, was derelict in the performance of those duties, in that she willfully directed PV2 S.'s*pay inquiry to be stopped, as it was not her duty to do so (14 September 2008); should have known of her duties, was derelict in the performance of those duties, in that she willfully directed the S-6 Shop of the unit 2-506, to change PV2 S.'s password and give it to her, as it was not her duty to do so (14 September 2008); willfully and unlawfully alter a public record x2 (24 September 2008 and 25 September 2008); reduction to PV2 / -E-2; forfeiture of$$352 pay for one month, extra duty and restriction for 14 days. CG Article 15, dated 22 July 2008, for without authority, absented herself from her place of duty at whi.ch you were required to be x2 (17 July 2008 and 17 July 2008); reduction to PFC / E-3, forfeiture of $418 pay for one month (suspended) and extra duty for 14 days. On 2 August 2008, the punishment of reduction to PFC / E-3, and forfeiture of $418 pay for one month was vacated for the new offense of violation of Article 86 (28 July 2008). The applicant received several negative counseling statements for various acts of misconduct; and monthly counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: letter, VA benefits, dated 6 March 2017, relates that the applicant was granted a service connection disabled rating of 50 percent for (posttraumatic stress disorder, PTSD) with major depressive disorder, (also claimed as depression), effective 30 September 2016. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); and letter, VA entitlements (four 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 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. 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 confirms 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. By the documented pattern of misconduct, the applicant diminished the quality of her service below that meriting an honorable discharge at the time of separation. 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 he should have been retained on Active Duty. The applicant seeks relief contending, her discharge was unfavorable due to her untreated service connected disability of PTSD (MST), which directly influenced her actions. The fact the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of her discharge processing. 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 VA document is acknowledged, which granted the applicant a service connection disabled rating of 50 percent for (posttraumatic stress disorder, PTSD) with major depressive disorder, (also claimed as depression), effective 30 September 2016. The applicant further contends, if she had been diagnosed and treated while in service, it is more likely than not she would have received a more favorable character of discharge. The rationale the applicant provided as the basis for what he believes was an unfair discharge is not supportable by the evidence contained in the record and can only be viewed as speculative in nature. Notwithstanding the propriety of the applicant's discharge, someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, separation authority as AR 635- 200, paragraph 14-12c, block 26 a separation code "JKQ" , and block 28, narrative reason for separation as "Misconduct (Serious Offense)." The discharge packet confirms the separation authority approved the discharge by reason of "Pattern of Misconduct and it should read block 25, separation authority, AR 635-200, paragraph 14-12b, block 26, separation code to "JKA." 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 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 AR20170004147 1