1. Applicant's Name: a. Application Date: 27 March 2017 b. Date Received: 30 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, served honorably and did not deserve a spiteful discharge. The discharge prevents the applicant from pursuing scholarships necessary to further an education. The applicant was only recognized for the bad things during service and a few good ones. 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 the applicant was diagnosed with Adjustment DO with depressed mood, Depression and Insomnia. VA records contain only DOD content. In summary, the applicant did not have a BH diagnoses that was mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 11 January 2019, and by a 3-2 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: 4 March 2007 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 2 February 2007 (2) Basis for Separation: The applicant was informed of the following reason for her discharge; she failed three consecutive Army Physical Fitness Tests. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 7 February 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 February 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 November 2004 / 4 years b. Age at Enlistment / Education / GT Score: 21 years / 1 year of college / 114 c. Highest Grade Achieved / MOS / Total Service: E-4 / 96B10, Intelligence Analyst / 5 years, 7 months, 3 days d. Prior Service / Characterizations: RA, 2 August 2001 to 30 October 2004 / HD e. Overseas Service / Combat Service: Japan / SWA / Iraq, 30 March 2003 to 21 March 2004 f. Awards and Decorations: ARCOM, NDSM, GWOTEM, GWOTSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 24 February 2006, for being disrespectful in language toward SSG P.J., a noncommissioned officer, who was then in the execution of his office, by saying to him, "y'all are crazy," or words to that effect (15 February 2005); treat with contempt, SFC D.H., a noncommissioned officer, who was then in the execution of her office, by saying to her, in an indifferent tone and manner, "good, people like you better anyway or words to that effect, when SFC H. stated that she could get the orders signed in five (5) minutes (2 February 2006); and she knew of her duties, was derelict in the performance of those duties in that she failed to have SGT McC.'s BNCOC orders completed, as it was her duty to do (2 February 2006); reduction to PFC / E-3 (suspended), extra duty and restriction for 14 days. Report of Mental Status Evaluation, dated 20 December 2006, indicates there was no evidence of a psychiatric condition which would warrant disposition through medical channels. She was psychiatrically cleared for any administrative action deemed appropriate by her Command. The applicant received several negative counseling statements for various acts of misconduct; failing the APFT, failing to meet weight and body fat standards; and performance counseling. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two 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. 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 and the issues submitted with her application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because of the unsatisfactory performance which 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 either the command's action was erroneous or the applicant's service mitigated the duty performance, such that she should have been retained on Active Duty. The applicant seeks relief contending, she served honorably and did not deserve a spiteful discharge. The applicant's service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant further contends, her discharge prevents her from pursuing scholarships she needs to further her education. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The applicant also contends, she was only recognized for bad things during her service and a few good ones. 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 his overall service record. 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 11 January 2019, and by a 3-2 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: SECRETARIAL REVIEWING AUTHORITY: While the Board majority found your separation was both proper and equitable; as the Secretarial Reviewing Authority, the Deputy Assistant Secretary of the Army (Review Boards) reviewed the findings, conclusions, and the board's recommendation under the authority of Title 10 United States Code Section 1553(b) and Department of Defense Instruction 1332.28 (Discharge Review Board (DRB) Procedures and Standards), enclosure E3.7.1.1.1. The Deputy Assistant Secretary of the Army (Review Boards) found sufficient evidence to upgrade the characterization of service to Honorable. Therefore, your DD Form 214 (Certificate of Release or Discharge from Active Duty) will be corrected by issuing you a new DD Form 214 changing the characterization of service to Honorable. 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 AR20170006482 4