1. Applicant's Name: a. Application Date: 22 June 2018 b. Date Received: 26 June 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant seeks relief contending, in effect, the discharge was based on a short period of time that the applicant was experiencing domestic violence and a very difficult pregnancy. The applicant was also going through a divorce. In a records review conducted at Arlington, VA on 18 December 2019, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the discharge and as a result it is inequitable. 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: Misconduct (Serious Offense) / AR 635-200, Paragraph 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 13 April 2017 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 25 January 2017 (2) Basis for Separation: The applicant was informed of the following reason for her discharge; she punched SPC A.J.A., in the face with her fist (28 November 2016). (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 31 January 2017, applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 March 2017 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 July 2015 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92G10, Food Service Specialist / 1 year, 8 months, 23 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant received several negative counseling statements for various acts of misconduct and initiation of separation action. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 1 December 2016, revealed the applicant had an Axis I diagnosis of occupational problems. She was screened for PTSD and mTBI, these conditions were either not present or, if present, did not meet AR 40-501 criteria for a medical evaluation board. She was psychiatrically cleared for any administrative action deemed appropriate by command. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages). 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): 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 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable. The applicant's record of service and the issues 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. By the misconduct (serious offense), the applicant diminished the quality of her service below that meriting an honorable discharge at the time of separation. 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, her discharge was based on a short period of time that she was experiencing domestic violence and a very difficult pregnancy; and she was also going through a divorce. Although the applicant alleges that he was a victim of domestic violence during her military service, there is no evidence in her military records and the applicant has not provided sufficient evidence supporting this contention. Therefore, this argument is not sufficient to support her request for an upgrade of her discharge. The record of evidence does not demonstrate that she sought relief from stress through her command or the numerous Army community services like the Chaplain, Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers. Likewise, she has provided no evidence that she should not be held responsible for her misconduct. 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 18 December 2019, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the circumstances surrounding the discharge and as a result it is inequitable. 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 AR20180009351 1