1. Applicant's Name: a. Application Date: 27 February 2018 b. Date Received: 12 March 2018 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 pertinent part and in effect, during the period of service, the applicant was suffering from major depression and anxiety. 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 indicated diagnoses of adjustment disorder with depression, anxiety, and major depression disorder. A Medical Evaluation Board dated 14 July 2017 indicated the applicant did not meet medical retention standards and was referred to a Physical Evaluation Board. However, the applicant was psychiatrically cleared on 29 November 2017 for administrative separation. Post-service, the applicant has a 50% service connected disability rating for an Adjustment Disorder. In summary, although the applicant has a history of behavioral health concerns, the applicant did not have a medical or behavioral health condition that was mitigating for the offenses which led to separation from the Army. In a records review conducted at Arlington, VA on 7 December 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: 1 December 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 October 2017 (2) Basis for Separation: The applicant was informed of the following reasons: On 31 May 2017, she was disrespectful in deportment towards SGT C.M., an NCO, by ignoring the NCO while she was speaking to her. On 31 May 2017, she was disrespectful in language towards SSG A.M., an NCO, by saying to him, "fuck and damn," or words to that effect. On 31 May 2017, she was disrespectful in language towards SSG W.B., an NCO, by saying to him, "I don't care what y'all have to say. Y'all don't try to help me when I need help so I don't give a fuck. I'm hurting and y'all don't care so I don't give a fuck," or words to that effect. On 31 May 2017, she was disrespectful in deportment towards SSG W.B., an NCO, by refusing to stand at parade rest and yelling at him. On or about 23 May 2017, she was disrespectful in language towards SGT C.M., an NCO, by saying to her, "I am not doing push-ups so you can write me up," or words to that effect. On 23 May 2017, she was disrespectful in deportment towards SSG W.B., an NCO, by rolling her eyes and walking away from him. On 23 May 2017, without authority, she failed to go at the time prescribed to her appointed place of duty, to wit: 1300 work call at the 67th ESB motor-pool. On 24 May 2017, she behaved yourself with disrespect towards MAJ T.A., her superior commissioned officer, by rolling her eyes, sighing loudly, and making disrespectful hand and head gestures toward him. On 19 June 2017, she was disrespectful in language towards SSG W.B., an NCO, by saying to him, "I don't give a fuck what you have to say. I'm not talking to you so leave me alone, get the fuck out of my face. You bitch, you been fucking with me and about to make me snap. I don't give a fuck," or words to that effect. On 19 June 2017, she wrongfully communicated to SSG W.B., a threat, by saying to him, "I better not catch you off post. I'm going to get fucking violent with your ass," or words to that effect. On 8 August 2017, she was disrespectful in deportment towards SFC L.C., an NCO, by sighing heavily and slamming the door. On 9 August 2017, with intent to deceive, she made an official statement to SGT C., to wit: "I have an appointment at Behavioral Health this morning," or words to that effect, which statement was totally false. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: Waived, 17 October 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 November 2017 / General (Under Honorable Conditions) (Note the GCMCA reviewed and determined that the applicant's medical condition outlined in her MEB proceedings were not a direct or contributing cause of the misconduct that led to her separation proceedings.) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 November 2015 / 4 years b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92A10, R1 Automated Logistical Specialist / 2 years, 23 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for being disrespectful towards behavioral health staff members; leaving her appointed place of duty on numerous occasions; lying to an NCO; being extremely disrespectful towards her first sergeant; threatening an NCO; being disrespectful towards an NCO on numerous occasions; failing to follow a directive from an NCO on numerous occasions; missing accountability formations; disobeying a lawful order on numerous occasions; showing a pattern of disrespect for her leadership; and failing to be at her appointed place of duty at the prescribed time on numerous occasions. FG Article 15, dated 28 June 2017, for failing to be at her appointed place of duty at the prescribed time on 23 May 2017; behaving disrespect towards her superior commissioned officer on 24 May 2017; being disrespectful in deportment towards an NCO on three separate occasions on 31 May 2017 x 2, and 23 May 2017; and being disrespectful in language towards an NCO on three separate occasions on 31 May 2017 x 2, and 23 May 2017. The punishment consisted of a reduction to E-2 (suspended), forfeiture of $799 pay per month for two months (suspended), 45 days of extra duty and restriction, and an oral reprimand. Record of Supplementary Action Under Article 15, UCMJ, dated 30 August 2017, vacated the punishments of a reduction to E-2 and forfeiture of $799 pay per month for two months that were imposed and suspended on 28 July (sic) 2017, because the applicant was disrespectful in language towards and NCO on 2 August 2017. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 23 June 2017, indicates the applicant noted behavioral health issues, and the examiner noted that the applicant had chronic conditions of adjustment disorder with depression, anxiety, and major depression disorder, and that there was evidence of mental defect, emotional illness, or psychiatric disorder of sufficient severity to warrant disposition through military medical channels, and that she was not psychiatrically cleared for administrative separation at the time. Report of Mental Status Evaluation, dated 6 July 2017, indicates the applicant's diagnoses were "Major Depressive Disorder, Single Episode, Mild." 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 27 February 2018, and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, Misconduct (Serious Offense). The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKQ" will be assigned an RE Code of 3. 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 general (under honorable conditions) discharge to honorable. The applicant's available record of service, and 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. By the incidents of misconduct, the applicant knowingly risked a military career and marred the quality of her service that ultimately caused her discharge from the Army. 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's contentions regarding her behavioral health issues which involved dealing with a major depression and anxiety, were carefully considered. A careful review of the available record indicates the applicant's behavioral health issues symptoms existed, and the applicant contends they were contributing factors that led to her misconduct. The separation authority considered the medical evidence, and determined that was not the case. The Board is not bound by the separation authority's finding in that regard, and can review that determination. If the Board determines the applicant's behavioral health issues were significant contributing factors to her misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. 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 her 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 7 December 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 AR20180005017 1