1. Applicant's Name: a. Application Date: 9 May 2018 b. Date Received: 29 May 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, during her visits to Military Entrance Processing Station (MEPS) for medical screening and oath of enlistment; she informed the examining doctor she had been born without a thyroid. At the time, it was not mentioned to her that this condition made her ineligible for military service. The applicant is not certain the doctor noted it in her records. The applicant was accepted and sworn in, despite her thyroid condition. The medication needed to treat this issue is cheap and easy to come by, so the applicant assumed she would continue to take the medication while serving in the Army. Upon arrival at the Reception Battalion at Fort Jackson, she saw a dentist and a doctor as part of her preparation for BCT. The doctor read her record from MEPS, and the applicant assumed that upon seeing her thyroid condition, she would be prescribed Synthroid medication. The applicant spent nearly a week in reception due to inclement weather and a holiday before being moved to begin the Red Phase of BCT. The applicant believed once she arrived to her unit, she could get her prescription and go from there. The night before she relocated to her assigned unit, she began not feeling very well and informed a drill instructor, and though she was sympathetic, she suggested it would be easier to go to the infirmary the next morning after she arrived at her assigned barracks. As soon as she arrived and briefed regarding what would be happening while at BCT, she passed out cold. The NCO assumed it was from nerves or heat, but he sent for medical assistance. The applicant was taken to Moncrief Hospital, where she again informed the Captain on duty in emergency room, she did not have a thyroid and had gone a week without her medication. At the time, the doctor ordered a thyroid stimulating hormone blood test to see how low her levels were. When the results were returned, the doctor was astounded. He explained that their particular lab had a threshold of 100, which meant, even if her results were higher than 100, they could not determine the exact number. The doctor informed the applicant that her level was right at 100, and he had no way of knowing just how high it really was. A normal result is between .05 and 4.5. The situation was dire and the applicant was admitted to a room and started on Synthroid. After three days, the applicant's level had dropped to about 70, which was still far out of range and certainly in the danger zone. The doctor gave the applicant two options; she could stay in the infirmary until she could receive a medical discharge; or, she could return home for one month and receive treatment with the hope she could return. There is no cure for no thyroid, but it is easily managed if she takes the medication. The applicant, who was a third generation Soldier, wanted to return to the Army, so opted to go home for a month and get the medication under control with her regular endocrinologist. Two days later, one of the NCOs in her unit drove the applicant to the airport with orders to return in one month. As soon as the applicant arrived back in Houston, she went immediately to Spring Branch Medical Center and had a thyroid blood draw to see where she was at with her levels. The results were an astounding 346.28, compared to a normal reading of 4, which was completely off the charts. The applicant's medication was doubled for her month leave and she continued to have frequent lab tests done. When her doctor advised her that she was not ready to return to the Army, the applicant called the commander of her unit on three way with her doctor, who indicated that the applicant's prognosis was "poor" and there was no way she could return for the foreseeable future. The commander was concerned and only asked that she keep in touch, which the applicant complied. The applicant was desperate to return to the base, but her levels never became normal and it became apparent she would not be able to return. The damage had been done. The applicant constantly called and emailed her unit, worried that she was going to be considered AWOL, and expressed her desire to return. The applicant was advised not to worry and to get better, but that she would probably need to be discharged. In October 2005, the applicant learned that she was pregnant and emailed her commander to advise him. The applicant did not receive a response and emailed again in January 2006 and received an email reflecting that as of December 2005, she had been medically discharged from the Army. The applicant did not receive any paperwork or further instructions. The applicant accepted the word of whomever sent the message, and gave it no more thought until she was charged with desertion. The applicant was sick to hear this because she loved the Army, and wanted to serve. The applicant states a review of her military file will undoubtedly show who sent her the email. The applicant believed she was discharged, but understood. The physician explained to her that they were hesitant to let her come back, since they were afraid if she were stationed overseas, they would not be able to provide her with her medication. The applicant believes the obvious solution would be to keep her stateside, her Journalism MOS. The applicant was looking forward to AIT and was devastated she could not serve because of no fault of her own. The applicant would have come back any time, if the Army would have accepted her. There is no way she would desert her country and her service as the military is in her blood. The applicant realizes she did not do anything to deserve an honorable discharge, but respectfully requests an upgrade. She never, ever would have gone AWOL, if she had known, she needed to sign paperwork and get her DD Form 214. The applicant could have traveled to Fort Hood or Ellington AFB or somewhere near to her get everything straight. The applicant wanted to join since she was 10, like her father and grandmother. The applicant would still come back, if the Army would accept her and respectfully requests the Board consider the circumstances and remove the Other Than Honorable Discharge. The applicant states, it is very hurtful to know she has been accused of abandoning her service, which was never the case. In a records review conducted at Arlington, VA on 28 August 2020, and by a 3-2 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: In Lieu of Trial by Court-Martial / AR 635- 200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 29 September 2017 c. Separation Facts: (1) DD Form 458 (Charge Sheet): On 7 September 2017, the applicant was charged with violating Article 86, UCMJ, for being AWOL from 9 January 2005 to 22 August 2017. (2) Legal Consultation Date: 7 September 2017 (3) Basis for Separation: Pursuant to the applicant's request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date/Characterization: 27 September 2017 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 31 August 2004 / 5 years b. Age at Enlistment / Education / GT Score: 27 / HS Graduate / 117 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 5 months, 16 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Charge sheet as described in previous paragraph 3c. Three Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 9 January 2005; and, From "DFR" to "PDY," effective 22 August 2017. i. Lost Time / Mode of Return: 12 years, 7 months, 12 days (AWOL, 9 January 2005 - 21 August 2017 / Apprehended by Civil Authorities. j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement. 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 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Army policy states that although an honorable or general (under honorable conditions) discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her under other than honorable conditions discharge to general (under honorable conditions). The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. The applicant, in consultation with legal counsel voluntarily requested, in writing, a discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense, and she indicated she understood she could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veterans' benefits. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. Her record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority at the time of discharge. The applicant contends she was in contact with her chain of command and kept them informed of her medical condition and believed she had been medically discharged; however, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. Further, 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 applicant requests a change to the characterization of her service in order to rejoin the Army. However, at the time of discharge, the applicant received an under other than honorable conditions characterization of service. Army Regulation 601-280 stipulates that an under other than honorable conditions discharge constitutes a non-waivable disqualification, thus the applicant is no longer eligible for reenlistment. 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 28 August 2020, and by a 3-2 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 AR20180007622 1