1. Applicant's Name: a. Application Date: 30 November 2017 b. Date Received: 26 February 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable. The applicant seeks relief contending, in effect, her discharge was inequitable because it was based on an isolated incident during 29 months of service with no other adverse action. She was suffering from sexual, physical, and mental abuse; she attempted to solicit help from her command and received nothing; resulting in her attempting to manage on her own and ended up in a situation which caused her several years of suffering. She was depressed feeling like she had no escape and made a very juvenile decision which dramatically altered her life, her ability to obtain employment and the ability to provide for herself and her children. She was denied employment and educational consideration due to her criminal history and her DD Form 214. The applicant contends she was a victim of physical abuse and rape. She believes she can have better options if she could present herself as the Soldier she strived to be; who was honorable prior to becoming involved in a domestic violence situation that altered her life and decisions. 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), the applicant's abuse and rape occurred while she was a child; she has not reported a MST or in-service IPV. The applicant does not hold an in-service diagnosis. While the applicant submitted a 2016 discharge summary noting Bipolar Disorder, the applicant is not service connected and further records are void for clarification. Irrespective, and even in consideration of liberal guidance, larceny is not a natural progression or normal sequela of Bipolar Disorder or childhood trauma. In summary, the applicant does not have a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 27 January 2021, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service, the circumstances surrounding the discharge (pre-service OBHI and IPV), and homelessness. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct / AR 635-200, Chapter 14, SEC II / JKB / RE-3 / Under Other Than Honorable Conditions b. Date of Discharge: 21 June 2005 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 28 April 2005 (2) Basis for Separation: The applicant was informed of the following reason for her discharge; she was convicted by the Norfolk Circuit Court of grand larceny; and sentenced to two years of confinement, with two years suspended (25 March 2005). (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 28 April 2005 and 3 June 2005 (5) Administrative Separation Board: On 28 April 2005, the applicant waived consideration of her case by an administrative separation board, contingent upon her service being characterized no less favorably than a general (under honorable conditions) discharge. On 12 May 2005, the separation approving authority referred the applicant's case to a standing administrative separation board. On 3 June 2005, the applicant submitted a conditional waiver which was denied. After consulting with legal counsel she unconditionally waived her right to an administrative separation board. (6) Separation Decision Date / Characterization: 7 June 2005, Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 January 2003 / 4 years / Moral waiver, 20 August 2002 b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-3 / 91R10, Veterinary Food Inspection Specialist / 2 years, 5 months, 8 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CID Report of Investigation, dated 23 June 2005, relates the applicant was under investigation for wrongful use of marijuana. Commander's Report of Disciplinary or Administrative Action, dated 14 July 2005, indicates the command was notified of positive drug urinalysis result on the applicant during her; out- processing for a Chapter 14 administrative separation (misconduct, civil felony conviction). Since the applicant was already receiving an under other than honorable conditions discharge. The Mid-Atlantic DVC Commander decided it was in the best interest 0f the Army and the Command to proceed with the discharge rather than to halt it to take UCMJ action on this offense. The applicant received a negative counseling statement for shoplifting at Hecht's Department Store. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Central Florida Behavioral Hospital Discharge Summary, dated 22 July 2017, revealed the applicant had a history of bipolar disorder, who was admitted after attempting to overdose on Tylenol. During her discharged assessment, she denied being depressed, denied having suicidal or homicidal thoughts and she contracted for safety. Her discharge summary diagnosis was bipolar disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); self-authored statement (two pages); memorandum, separation board referral; memorandum, separation authority's referral to administrative separation board; applicant's defense counsel's request for a general (under honorable condition discharge, two pages); four support / character statements; additional documents, email traffic; Congressional Authorization, privacy release form; applicant's statement; Central Florida Behavioral Hospital Discharge Summary; applicant's defense counsel's request for a general (under honorable condition discharge (two pages); and three support / character statements, duplicates. 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. 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 under other than honorable conditions to honorable. The applicant's record of service, the issues and documents submitted with his 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 misconduct, the applicant diminished the quality of her service below that meriting a general (under honorable conditions) or 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 she should have been retained on Active Duty. The applicant seeks relief contending, her discharge was inequitable because it was based on an isolated incident during 29 months of service with no other adverse action. Although an isolated incident, the discrediting entry constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicable Army regulation states there are circumstances in which the conduct or performance of duty reflected by an isolated incident provides the basis for a characterization of service. The applicant's incident of misconduct adversely affected the quality of her service, brought discredit on the Army, and was prejudicial to good order and discipline. The applicant further contends, she was suffering from sexual, physical, and mental abuse; she attempted to solicit help from her command and received nothing; resulting in her attempting to manage on her own and ended up in a situation which caused her several years of suffering. The service record does not contain any evidence the applicant was suffering from sexual, physical, and mental abuse and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. The record of evidence does not demonstrate that she sought relief through her command or the other numerous Army community services like the Chaplain, Community Counseling Center and other medical resources available to all Soldiers. The applicant also contends, she was depressed feeling like she had no escape and made a very juvenile decision which dramatically altered her life, her ability to obtain employment and the ability to provide for herself and her children. The applicant provided a Central Florida Behavioral Hospital Discharge Summary, that indicates she had a history of bipolar disorder, who was admitted after attempting to overdose on Tylenol. Her discharge summary diagnosis was bipolar disorder. The applicant additionally contends, she was denied employment and educational consideration due to her criminal history and her DD Form 214. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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. Furthermore, the applicant contends she was a victim of physical abuse and rape. Although the applicant alleges that she was a victim of physical abuse and rape during her military service, there is no evidence in her military records and the applicant has not provided sufficient evidence supporting this contention. Therefore, this argument is not sufficient to support her request for an upgrade of her discharge. Lastly, the applicant contends, she believes she can have better options if she could present herself as the Soldier she strived to be; who was honorable prior to becoming involved in a domestic violence situation that altered her life and decisions. 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. The third party statements provided with the application speak highly of the applicant. However, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 27 January 2021, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service, the circumstances surrounding the discharge (pre- service OBHI and IPV), and homelessness. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorable conditions. 10. 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 AR20180002820 3