1. Applicant's Name: a. Application Date: 6 April 2018 b. Date Received: 8 May 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, the applicant was discharged from the military under false pretenses because of gender discrimination, neglect, harassment and hostile work environment. The applicant was under the impression the applicant was under investigation; and the commander gave the applicant the option to drill with another unit. The applicant emailed the commander on several occasions for approval to drill with another unit and for a status of the commander's investigation. The commander never responded to the applicant nor never provided a status of the investigation or approval to drill with a specific unit. The applicant requested a transfer into the IRR or to go under a medical evaluation. The commander ignored the applicant on all occasions and administratively separated the applicant due to being an unsatisfactory participant. The applicant requested all documentation the commander was mailing to the applicant to be emailed, due to the post office sending mail to the wrong address. The applicant requested to come to the unit to pick up documents, but the commander ignored the applicant on this request. The applicant was unaware of the discharge, separation, reduction of rank and was unable to request counsel or defend one's position and career because the commander neglected the applicant and ignored the applicant always. The applicant requested the option to transfer out of the military either honorable through the IRR due to cogent reasons or medically evaluated due to major depressive disorder. The commander never notified the applicant of unsatisfactory participant discharge prior to the discharge date or after. The applicant found the applicant was discharged through my pay. The applicant has never been notified by the commander of the administrative discharge nor has never been notified of any actions or status of the investigation. The commander targeted the applicant by harassing the applicant and making advancements in the work environment. The applicant denied any advancements made by the commander, and made the applicant's work environment hostile and unbearable. The applicant requests restoration of rank to Staff Sergeant. 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 PTSD and Major Depressive Disorder. The applicant is 50% service-connected for Major Depressive Disorder. The applicant has also diagnosed the applicant with Opioid Use Disorder. In summary, due to the basis of separation not being in file, there is insufficient evidence to determine if the applicant's BH diagnosis is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 13 April 2020, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service to include combat service, a prior period of honorable service, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnosis of PTSD). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. 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: 25 January 2018 c. Separation Facts: No (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: 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: 25 March 2014 / 3 years / reassignment orders C-02- 601586 show the applicant's expiration term of service as 9 March 2018. b. Age at Enlistment / Education / GT Score: 29 years / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-6 / 92A30, Material Management NCO / 14 years, 5 months d. Prior Service / Characterizations: USMC, 26 August 2003 to 1 October 2007 / HD CG, MOBCOM, 2 October 2007 to 9 March 2009 / NA USAR, 10 March 2009 to 24 March 2014 / HD e. Overseas Service / Combat Service: SWA / Iraq, specific dates are not in file and it was during prior service. f. Awards and Decorations: AAM-2, MCGCM, NDSM, ICM, SSDR, GWOTSM-prior service awards. g. Performance Ratings: 17 August 2013 to 16 August 2015, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (two pages); self-authored statement; US Congressman Privacy Act Release Form; and a letter, US Congressman. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the 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. 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 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 on 24 January 2018, DA, HQS, 99th Readiness Division, Joint Base McGuire-Dix- Lakehurst, New Jersey 08640-5730, Orders 18-024-00040, discharged the applicant from the US Army Reserve, effective date; 25 January 2018, 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's contentions were carefully considered regarding, her discharged from the military under false pretenses because of gender discrimination, neglect, harassment and hostile work environment; she was under the impression she was under investigation; and the commander gave her the option to drill with another unit; she emailed the commander on several occasions for approval to drill with another unit and for a status of the commander's investigation; the commander never responded to the applicant nor never provided a status of the investigation or approval to drill with a specific unit; the applicant requested a transfer into the IRR or to go under a medical evaluation; the commander ignored the applicant on all occasions and administratively separated the applicant due to being an unsatisfactory participant; the applicant requested all documentation the commander was mailing to her to be emailed to her, due to the post office sending mail to the wrong address; the applicant requested to come to the unit to pick up documents, the commander ignored the applicant on this request; the applicant was unaware of the discharge, separation, reduction of rank and was unable to request counsel or defend her position and career because the commander neglected the applicant and ignored her always; the applicant requested the option to transfer out of the military either honorable through the IRR, due to cogent reasons or medically evaluated due to major depressive disorder; her commander never notified the applicant of unsatisfactory participant discharge prior to the discharge date or after; the applicant found out she was discharged through my pay; the applicant has never been notified by the commander of the administrative discharge nor has never been notified of any actions or status of the investigation; the commander targeted the applicant by harassing her and making advancements in her work environment; the applicant denied any advancements made by the commander, and he made the applicant's work environment hostile and unbearable. However, the merit of these contentions cannot be substantiated because the facts and circumstances leading to the discharge are not contained in the available record. The applicant requests restoration of her rank to staff sergeant. The Army Discharge Review Board is not empowered to restore former service member's grade, rate or rank. The Board may only change the characterization or reason for discharge. If an applicant believes there is an error or injustice in his discharge, he may make an application to the Army Board for Correction of Military Records, using DD Form 149, which can be obtained online or from a Veterans Service Organization. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. 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. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 13 April 2020, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service to include combat service, a prior period of honorable service, and the circumstances surrounding the discharge (i.e. in-service and post- service diagnosis of PTSD). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 AR20180007254 1