1. Applicant's Name: a. Application Date: 25 April 2018 b. Date Received: 30 April 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her uncharacterized discharge to honorable. The applicant seeks relief contending, in effect, she was sexually assaulted while at AIT, which affected her, causing impairment and prohibited her performance. She tried asking for help. Her commander appeared unwilling to help her, but referred her to Behavioral Health. She also tried not to disclose a lot of information. Her performance deteriorated after the assault and she was removed from the AIT class. She was the top student in class. Her PT scores decreased severely. She is currently diagnosed by VA with service-connected PTSD, Anxiety, and Depression due to the assault. 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) there was a nexus between a behavioral health or medical condition and the misconduct, which led to the applicant's separation from the Army. The Applicant's post-service diagnosis of PTSD due to MST mitigate the offenses. In a records review conducted at Arlington, VA on 28 September 2018, and by a 5-0 vote, the Board determined that the discharge was improper. The evidence in the record confirms that the applicant was the victim of MST and has service-connected PTSD as a result. Therefore, the discharge being improper the Board granted relief in the form of an upgrade of the characterization of service to honorable, and a change to the narrative reason for separation to "Secretarial Authority," under the provisions of Chapter 5, Paragraph 5-3, AR 635-200, with a corresponding separation (SPD) code of JFF. This action does not entail a change to the reentry eligibility (RE) code. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Entry Level Performance and Conduct / AR 635-200, Chapter 11 / LGA / RE-3 / Uncharacterized b. Date of Discharge: 24 July 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 July 2012 (2) Basis for Separation: The applicant had, at least, two separate instances of maladaptive reaction to identifiable stressful life events. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: Waived, 17 July 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 18 July 2012 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 February 2012 / 4 years b. Age at Enlistment / Education / GT Score: 19 / 14 years / 95 c. Highest Grade Achieved / MOS / Total Service: E-3 / None / 5 months, 19 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Record of Student Elimination, dated 11 June 2012, indicates the commander initiated to eliminate her from the "Aviation Operations Specialist 15P Class 12-027" course due to "DBM Evaluation-Adjustment Disorder." Counseling statements for acknowledging that she is turning down an attempt to rehabilitate or develop her as a satisfactory Soldier; being recommended for consult with the Behavioral Medicine for a mental evaluation due to her thoughts of depression and separation anxiety, and to assess her mental status; and being provided ample time for rehabilitation but her adaptation had not improved. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: The applicant's documentary evidence: Medical Records, dated 31 May 2012; 4, 11, and 26 June 2012; and 2 and 11 July 2012, each reflected the primary diagnosis of an "Adjustment Disorder with Mixed Emotional Features." UnitedHealth Group Leave Service Center (Certification for Health Care Provider for FMLA Leave & Behavioral Health Provider Statement of Claim for Disability Benefits, dated 10 June2014 through 25 June 2014, indicate the applicant's known functional decline as "stress, depression." Report of Mental Status Evaluation, dated 13 June 2012, shows an "AXIS I" diagnosis of an "Adjustment Disorder with Mixed Emotional Features." 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 25 April 2018; Medical Records, dated 31 May 2012, 4, 11, and 26 June 2012, and 2 and 11 July 2012; UnitedHealth Group Leave Service Center (Certification for Health Care Provider for FMLA Leave & Behavioral Health Provider Statement of Claim for Disability Benefits, dated 10 June2014 through 25 June 2014; Disabilities-VADoD eBenefits Printout, dated 25 April 2018. Additional evidence: Report of Medical History, dated 28 October 2011; Report of Medical Examination, dated 18 October 2011; applicant's self-authored statement; and undergraduate transcript. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, in effect, she was employed as a social worker with the State of Texas, followed by returning to school to complete her Bachelor's Degree in Accounting. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 3-9 contains guidance on entry level separations. It states a separation will be described as entry-level status (ELS) with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service. Chapter 11 of AR 635-200 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status. An uncharacterized service description is normally granted to Soldiers separating under this chapter. A general discharge (GD) under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge (HD) is rarely ever granted. An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. 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 "JGA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 11, Entry Level Performance and Conduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JGA" 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 uncharacterized discharge to honorable. The applicant's available record of service, and the issues and document submitted with her application were carefully reviewed. The evidence of record confirms the applicant's separation processing was accomplished in accordance with the applicable regulation under the provisions of AR 635-200, Chapter 11, for entry level performance and conduct. The uncharacterized description of service accurately reflects the applicant's overall record of service because she was in an entry level status (ELS) on the date of the initiation of her separation action. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier's military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. Further, a general (under honorable conditions) discharge is not authorized under ELS conditions and an honorable discharge is rarely ever granted. An honorable discharge may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The applicant's service record indicates no such unusual circumstances were present and did not warrant an honorable discharge. The applicant's contentions regarding her behavioral health issues, and that she was diagnosed with PTSD as a result of being a victim of a sexual assault, were carefully considered. A careful review of the available record and the applicant's documentary evidence indicates the applicant's behavioral health issues symptoms existed, and the applicant contends they were contributing factors that led to her discharge. Additionally, she had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that she ever sought such assistance for the assault. Furthermore, the service record also does not support the applicant's claim for any service- connected PTSD diagnosis, nor did the applicant provide any documentary evidence of a service-connected PTSD diagnosis. There is a documentary evidence of a "Rated Disabilities" for PTSD; however, the document does not identify the individual the document pertains to. If the applicant desires a personal appearance hearing, it would be her responsibility to meet the burden of proof and provide the appropriate documents (i.e., her complete separation packet, and documentary evidence of service-connected PTSD diagnosis) for the Board's consideration because they are not available in the official record. 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 while in an entry-level-status. 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 September 2018, and by a 5-0 vote, the Board determined that the discharge was improper. The evidence in the record confirms that the applicant was the victim of MST and has service-connected PTSD as a result. Therefore, the discharge being improper the Board granted relief in the form of an upgrade of the characterization of service to honorable, and a change to the narrative reason for separation to "Secretarial Authority," under the provisions of Chapter 5, Paragraph 5- 3, AR 635-200, with a corresponding separation (SPD) code of JFF. This action does not entail a change to the reentry eligibility (RE) code. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, paragraph 5-3 e. Change SPD / RE Code to: JFF / 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 AR20180007669 5