1. Applicant's Name: a. Application Date: 12 June 2018 b. Date Received: 15 June 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to honorable. The applicant seeks relief contending, in pertinent part and in effect, on account of that the medical records documenting that the applicant had an underlying mood disorder, which were diagnosed in June 2014 through October 2017, an upgrade of the discharge should be considered. (The applicant detailed the events and circumstances surrounding the court-martial charges.) The applicant asserts that by no means, do the events of the court-martial charges reflect who the applicant was as a person or Soldier during the 16 years of service, and that the entire career should be considered. The applicant has received the help necessary for mental and spiritual health, which has prepared the applicant to face the future. 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 Depression with Anxiety, Episodic Mood Disorder, Adjustment Disorder, Generalized Anxiety Disorder, Other Stimulant Use, and Stimulant Induced Disorder. The applicant does not have a service-connected rating from the VA. In summary, the applicant does not have 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 13 December 2019, 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: In Lieu of Trial by Court-Martial / AR 600-8-24, Paragraph 3-13 / DFS / NA / Under Other Than Honorable Conditions b. Date of Discharge: 2 March 2018 c. Separation Facts: (1) DD Form 458, Charge Sheet: On 3 August 2017, the applicant was charged with the following: Charge I: Violation of Article 89, UCMJ, for behaving with disrespect towards CPT P.S.R. on 26 May 2017 Charge II: Violation of Article 92, UCMJ, for disobeying CPT P.S.R. on 26 May 2017. Charge III: Violation of Article 107, UCMJ, for making a false official statement on 26 May 2017. Charge IV: Two specifications of violating Article 112a, UCMJ, for wrongfully using methamphetamine, a schedule II controlled substance between 9 May 2017 and 9 June 2017, and for wrongfully using amphetamine, a schedule II controlled substance between 9 May 2017 and 9 June 2017. (2) Basis for Separation: Pursuant to the applicant's request, dated 15 September 2017, for discharge under the provisions of Chapter 3, AR 600-8-24, Resignation for the Good of the Service in lieu of Trial by General Court-Martial. (3) Recommended Characterization: Under Other Honorable Conditions discharge (4) Legal Consultation Date: 3 October 2017, 15 September 2017, and 17 August 2017 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: On 13 February 2018, the Deputy Assistant Secretary of the Army (Review Boards) accepted and approved the resignation for the good of the service in lieu of trial by a general court-martial / Under Other Than Honorable Conditions. 4. SERVICE DETAILS: a. Date / Period of Appointment: 28 August 2013 / Indefinite term appointment b. Age at Appointment / Education / GT Score: 30 / Associate's Degree / NA c. Highest Grade Achieved / MOS / Total Service: W-2 / 920B0, Supply Systems Technician / 16 years, 8 months d. Prior Service / Characterizations: RA (3 July 2001 to 22 April 2009) / HD (Note any reenlistment prior to 22 April 2009 is NIF) RA (23 April 2009 12 March 2010) / HD RA (13 March 2010 to 27 August 2013) / HD e. Overseas Service / Combat Service: SWA / Iraq (11 March 2003 to 11 April 2004), Afghanistan (11 March 2006 to 9 March 2007), (5 December 2009 to 4 December 2010), Kuwait (5 July 2015 to 20 July 2016) f. Awards and Decorations: MSM-2; ARCOM-5; AAM-4; AGCM-4; NDSM; ACM-3CS; ICM-CS; GWOTEM; GWOTSM; NCOPDR-3; ASR; OSR-4; NATO MDL-2; MUC-2 g. Performance Ratings: Two OERs: 13 March 2015 thru 12 March 2016, Excels 13 March 2016 thru 12 March 2017, Proficient h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand and its associated documents, dated 21 July 2017, indicates the applicant was reprimanded for being arrested after a traffic stop due to being observed acting unstable by a toll booth worker while carrying multiple weapons in her vehicle, of which one shot gun was reported stolen. Voluminous Ad Hoc case file with Charge Sheet described at the preceding paragraph 3c(1) and its associated documents. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Medical Record, dated 17 July 2013 through 17 October 2017, provides active problems as "Unspecified mood [affective] disorder" on 17 October 2017; "Emotional problems/concerns" on 27 October 2014; "Episodic Mood Disorders" on 7 October 2014; and "Highly Irritable" on 11 July 2014. Report of Mental Status Evaluation, dated 13 October 2019, indicates "BH" diagnoses of "Generalized Anxiety Disorder, Stimulant Use Disorder"; and commented that the applicant had an anxiety disorder with differentially complication by the use of stimulants which magnified any past anxiety conditions; and that treatment was ongoing. Report of Medical History, dated 31 October 2017, indicates the applicant and examiner noted behavioral health issues. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 12 June 2018, with self-authored statement;; two character references/supporting statements; ERB, dated 17 January 2013; OER, dated 1 March 2018; 2017 Delta Mu Delta certificate; Drinking Driver Offender Assessment, dated 7 June 2017; and Mental Health and Substance Abuse Services Certificates of Completion, dated 11 and 20 June 2017. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation 600-8-24 prescribes the policies and procedures governing the transfer and discharge of Army officers. Chapter 3, paragraph 3-13 outlines the rules for processing requests for resignation for the good of the Service in lieu of trial by a general court-martial. A discharge under other than honorable conditions is an administrative separation from the service under conditions other than honorable. An officer will normally receive an under other than honorable conditions when they resign for the good of the service, are dropped from the rolls of the Army, are involuntarily separated due to misconduct, moral or professional dereliction, or for the final revocation of a security clearance as a result of an act or acts of misconduct. 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 "DFS" as the appropriate code to assign officers who are discharged under the provisions of AR 600-8-24, Chapter 3, paragraph 3-13, for "In Lieu of Trial by Court-Martial." 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 under other than 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 indicates the applicant was charged with the commission of offenses punishable under the Uniform Code of Military Justice with a punitive discharge. The applicant voluntarily requested resignation in lieu of trial by general court-martial under the provisions of Chapter 3, AR 600-8-24. The appropriate authority approved the applicant's request and issuance of an under other than honorable conditions characterization of service. The record confirms that by the misconduct, the applicant diminished the overall quality of her service below that meriting an honorable. In consideration of the applicant's service accomplishments and quality of her service prior to the incidents of misconduct, the Board can find that her complete period of service and accomplishments were or were not sufficiently mitigating to warrant an upgrade of her characterization of service. The applicant's contentions regarding her behavioral health issues 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 misconduct. 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 service record does not reveal any evidence of arbitrary or capricious actions by the applicant's command. It appears that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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 13 December 2019, 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 AR20180008397 1