1. Applicant's Name: a. Application Date: 1 December 2017 b. Date Received: 20 December 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of under other than honorable conditions discharge to honorable or general (under honorable conditions). The applicant seeks relief contending, in effect, joined the Army Reserves in 2008 believing it would be the right choice. Once returning to the unit after basic, the applicant found out it was the wrong choice. The applicant and unit were not compatible. There was harassment, but the applicant believed it would pass so the applicant stayed quiet. There was never a "Team" feeling for within the unit. The applicant's physical training (PT) went down and because of that, was stuck. The applicant even applied to switch to active duty, believing the strict every day regimen would be better in order to succeed and make a career in the military, but it was denied. The applicant contends there is has no evidence and has friends that are aware of what happen. The applicant has no police report due to the fact this was not the first time the applicant was assaulted and the police were never any help. The applicant has moved possibly around 15 times since then and changed numbers multiple times. The applicant has lost all names and numbers from that time in life. In the fall of 2008, the applicant made a trip to Vegas with a group, when the applicant was sexually assaulted by two men. After returning home, the applicant fell into a depression and started to self-mutilate and essentially disappear from everyone. The applicant lost means of transportation and became semi-homeless, sleeping on couches with friends or acquaintances. The applicant stopped going to drill due to the depression ruling over decisions. Poor choices were made for many years, even after discharge. The applicant does not expect this to automatically be an honorable discharge, but is just asking for something better than the current characterization of service. The applicant has many regrets and joining the reserves is one of them. 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 Disorder, Major Depressive Disorder, Anxiety Disorder NOS and Borderline Personality Disorder. JLV indicates that the applicant has not registered with the VA. In summary, due to the basis of separation is not in file, no statement regarding medical mitigation can be made. In a records review conducted in Arlington, VA on 30 November 2018, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's incapacity to serve and the circumstances surrounding the discharge (i.e. post-service diagnosis of MST and OBH). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: NIF / AR 135-178 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 22 July 2010 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 February 2008 / 8 years b. Age at Enlistment / Education / GT Score: 21 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-2 / 31B10, Military Police / 2 years, 5 months, 22 days d. Prior Service / Characterizations: USAR, 1 February 2008 to 24 February NA ADT, 25 February 2008 to 17 July 2008 / HD (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: NIF; however, documents submitted by the applicant from the County of San Bernardino Department of Behavioral Health show the applicant was diagnosed with an Axis I for 296.33 major depressive disorder, rec, sev w/o psychotic features and 300.00 anxiety disorder nos and Axis II for 301.83 borderline personality disorder. The documents also make reference to the applicant having an issue with depression and anxiety, mood lability, starting in teens, worsening recently. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; medical documents from the County of San Bernardino Department of Behavioral Health; 6. POST SERVICE ACCOMPLISHMENTS: None submitted with her application. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. The characterization is based upon the quality of the Soldier's service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army regulations, and the time-honored customs and traditions of the Army. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. Possible characterizations of service include an honorable, general (under honorable conditions), under other than honorable conditions, or uncharacterized if the Soldier is in entry- level status. However, the permissible range of characterization varies based on the reason for separation. 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 her under other than honorable conditions discharge to honorable or general (under honorable conditions). The applicant's available record of service, the issues and documents submitted with her application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to the former Soldier's discharge from the US Army Reserve. However, the record shows that on 23 June 2010, DA, HQS, 63d Regional Support Command, Moffett Field, CA, Orders 10-174-00013, discharged the applicant from the US Army Reserve, effective 22 July 2010, with an under other than honorable conditions discharge. Barring evidence to the contrary, the presumption of government regularity shall prevail, as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant seeks relief contending that she joined the Army Reserves in 2008 believing it would be the right choice for her. Once she returned to her unit after basic she found out it was the wrong choice. Her and her unit were not compatible, there was harassment but she believed it would pass so she stayed quiet. There was never a "Team" feeling for her with her unit. Her physical training (PT) went down and because of that she was stuck. She even applied to switch to active duty, believing the strick every day regimen would be better for her to succeed and to make a career in the military, but it was denied. She contends she has no evidence, she has friends that are aware of what happen. She has no police report due to the fact this was not the first time she was assaulted and the police were never any help to her. She has moved possibly around 15 time since then and changed numbers multiple times. She has lost all names and numbers from that time in her life. In the fall of 2008 she made a trip to Vegas with a group, while there she was sexually assaulted by two men. When she came home after, she fell into a depression. She started to self-mutilate and essentially disappear from everyone. She lost her means of transportation and also became semi-homeless, sleeping on couches with friends or acquaintances. She stopped going to drill due to her depression ruling her decisions. Poor choices were made for many years, even after discharge. She does not expect this to automatically be an honorable discharge. She is just asking for something better than her current characterization of service. She has many regrets, joining the reserves is one of them. The applicant's contentions were noted; however, a determination as to the merit of these contentions cannot be made because the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the applicant to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. The independent medical documents submitted by the applicant were noted; however, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service with either medical limitation or medication at the time of discharge. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 10. BOARD DETERMINATION: In a records review conducted in Arlington, VA on 30 November 2018, and by a 4-1 vote, the Board determined that the characterization of service was inequitable based on the applicant's incapacity to serve and the circumstances surrounding the discharge (i.e. post-service diagnosis of MST and OBH). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General Under Honorable Conditions 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 AR20180000495 1