1. Applicant's Name: a. Application Date: 22 May 2018 b. Date Received: 14 June 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 effect, would like an upgrade of discharge for the purpose of receiving assistance with obtaining meaningful employment and allowing enrollment in school and learn valuable skills. 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 Adjustment Disorder. The applicant is 70% service-connected; 50% for Major Depressive Disorder from the VA. In summary, the applicant had 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 31 May 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of OBH). Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Pattern of Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 10 November 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 July 2017 (2) Basis for Separation: The applicant was informed of the following reasons: for failing to report to her appointed place of duty on diver's occasions between 5 July 2016 and 2 May 2017; Disobeying a lawful order from SGT M.R., by not bringing in her AAM award as well as an updated ERB on 1 November 2016; Disobeying a lawful order from SGT M. R., by not closing outstanding work orders and filing away paperwork on 28 November 2016; and Being derelict in the performance of her duties by willfully failing to take the Army Physical Fitness Test on 17 March 201.7 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 27 July 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 October 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 November 2015 / 4 years b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92A10, Automated Logistical Specialist / 2 years, 1 month d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 10 April 2017, for failing to go at the time prescribed to her appointed place of duty on 5 July 2016, 8 July 2016, 13 July 2016, and 28 November 2016, disobeying a lawful order from SGT M.R., a noncommissioned officer on 1 November 2016 and 28 November 2016, and being derelict in the performance of her duties by failing to take the Army Physical Fitness Test on 17 March 2017. The punishment consisted of forfeiture of $418, extra duty for 14 days, and restriction for 7 days. Report of Mental Status Evaluation, dated 12 June 2017, which shows the applicant was diagnosed with an adjustment disorder, unspecified per NICOE BH. It was noted that the applicant was screened for PTSD and TBI and the findings were negative. Further, the applicant did not report symptoms consistent with a clinical mental health disorder at that time, meet medical retention per AR 40-501, and was therefore cleared for administrative action as deemed by her command. Several counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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. Paragraph 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with her 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. 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 that she would like an upgrade of her discharge for the purpose of receiving assistance with obtaining meaningful employment and allowing her to enroll in school and learn valuable skills. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Furthermore, 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. 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 31 May 2019, and by a 5-0 vote, the Board determined the discharge is inequitable based on the applicant's length and quality of service, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of OBH). Therefore, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed to the separation authority to AR 635-200, paragraph 14-12a, the narrative reason for separation to Misconduct (Minor Infractions), the separation code to JKN. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Misconduct (Minor Infractions) d. Change Authority to: AR 635-200, paragraph 14-12a e. Change SPD / RE Code to: JKN / 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 AR20180007977 1