1. Applicant's Name: a. Application Date: 2 March 2017 b. Date Received: 11 September 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, was charged with an Article 15, which led to separation, for disrespect. The applicant had to have surgery and refused to change the surgery date. The doctor wrote a letter stating the surgery was not an option and that it needed to occur as soon as possible, but the commander still believed the applicant was in the wrong. The applicant tried contesting the situation, but the husband died on 16 February 2013, so the applicant just let it go and agreed to the separation. The applicant understands that disrespect is wrong and it is up to the supervisor to say what is or is not disrespect. The applicant accepted the punishment, but believes given the circumstances surrounding the Article 15 were serious, and that the offense was not grave and did not harm anyone that the punishment was appropriate at the time. The applicant served the country for 13 years and requests the Board consider the rest of the military career and grant an upgrade. 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 Adjustment Disorder with anxiety, depression, and guilt, Atypical Depressive Disorder, Bipolar II Disorder, Depression, Concussion, Opioid-Related Disorder and PTSD. The applicant is 60% service-connected from the VA. The VA has diagnosed the applicant with PTSD, Other Recurrent Depressive Disorder, and Borderline Personality DO. In summary, the applicant had a BH diagnosis that is partially mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 12 April 2019, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. in-service and post- service diagnoses of PTSD and OBH), and a prior period of honorable service. Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. (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: 18 June 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 June 2012 (2) Basis for Separation: The applicant was informed of the following reasons: She had received multiple Article 15s, for failure to be at her appointed place of duty, disrespected her Noncommissioned Officers and consistently failed to pay debt. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 20 June 2012 (5) Administrative Separation Board: On 20 June 2012, the applicant conditionally waived consideration of her case before an administrative separation board, contingent upon her receiving a characterization of service no less favorable than an honorable discharge. On 20 September 2012, the separation authority, disapproved the applicant's conditional waiver and directed that she appear before an administrative separation board. On 21 September 2012, the applicant was notified to appear before an administrative separation board on 19 October 2012, and advised of her rights. On 11 October 2012, the applicant was notified to appear before an administrative separation board on 8 November 2012, and advised of her rights. (6) Separation Decision Date / Characterization: 20 May 2013 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 13 May 2010 / 4 years b. Age at Enlistment / Education / GT Score: 31 / Some College / 109 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92G10, Food Service Specialist / 12 years, 7 months, 10 days d. Prior Service / Characterizations: RA, 9 November 2000 - 11 August 2004 / HD RA, 12 August 2004 - 26 April 2007 / HD RA, 27 April 2007 - 29 November 2007 / HD RA, 30 November 2007 - 12 May 2010 / HD e. Overseas Service / Combat Service: Alaska, SWA / Kuwait (28 December 2004 - 13 December 2005) f. Awards and Decorations: AAM-2, AGCM, NDSM, GWOTEM, GWOTSM, NCOPDR, ASR, OSR-4 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 20 May 2011, for failing to go at the time prescribed to her appointed place of duty (7 March 2011); and, for being disrespectful in language towards a Noncommissioned officer (3 March 2011). The punishment consisted of a reduction to E-3 (suspended); forfeiture of $975 pay per month for two months (suspended); and, extra duty and restriction for 45 days. CG Article 15, dated 21 March 2012, for being disrespectful in language toward a Noncommissioned Officer (7 March 2012); and, for being disrespectful in deportment toward a Noncommissioned Officer (7 March 2012). The punishment consisted of: extra duty and restriction for 14 days and an oral reprimand. Report of Mental Status Evaluation, dated 23 May 2012, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; Death Certificate. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. 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 he should have been retained on Active Duty. The applicant claims the offenses that caused her discharge were minor in nature. However, the service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of her service, brought discredit on the Army, and were prejudicial to good order and discipline. The applicant contends that her husband died, which affected her behavior and ultimately caused her to accept the discharge. However, she had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that she ever sought such assistance. The applicant contends that he had good service which included a combat tour. 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 is to be commended for her accomplishments. 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 12 April 2019, and by a 4-1 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, to include combat service, the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of PTSD and OBH), and a prior period of honorable service. Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), and the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, paragraph 14-12a e. Change SPD / RE Code to: JKN / 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 AR20170017069 1