1. Applicant's Name: a. Application Date: 30 May 2018 b. Date Received: 4 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, that the current characterization of service is permanently stopping the applicant from receiving further education. The applicant does not feel the actions taken on the discharge are credible and feels as though the discharge should be reviewed for possible redetermination. 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 no BH diagnoses while on active duty. The applicant is 30% service-connected for non-BH diagnoses from the VA. The VA has also diagnosed the applicant with Recurrent Depressive Episode, Cannabis Dependence, MST and PTSD. In summary, the applicant has a BH diagnosis that is partially mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 4 December 2019, and by a 3-2 vote, the Board determined the discharge is inequitable based on the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD and MST). Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 1. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Civil Conviction) / AR 635-200 / Chapter 14-5 / JKB / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 24 May 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 9 March 2007 (2) Basis for Separation: The applicant was informed of the following reasons: being convicted of the following charges on 2 February 2007; Criminal mischief and assault with bodily injury on 7 October 2006; Assault and resisting arrest on 3 November 2006; Evading arrest on 20 December 2006; and Assault and interference with emergency call on 17 January 2007. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 28 March 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 29 March 2007 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 August 2005 / 4 years b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-2 / 74D10, Chemical Operations Specialist / 1 year, 4 months, 10 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: The applicant's record contains an incomplete CG Article 15, dated 19 February 2006, for without proper authority losing her military ID card, military property of the United States on 22 May 2006, failing to go at the prescribed time to her appointed place of duty on 24 May 2006, 26 May 2006, 3 August 2006, and 5 October 2006, being disrespectful in deportment toward SSG F., a noncommissioned officer 24 May 2006, being disorderly 7 August 2006, disobeying a lawful command from a commissioned officer on 5 October 2006, and going AWOL from 23 October 2006 until her return on 24 October 2006. Arrest Report from the Killeen Police Department reference assault with bodily injury hands and criminal mischief. Military Police Report, which shows the applicant was the subject of investigation for being AWOL. Court documents related to the applicant and the County Court at Law of Bell County Courts. Several negative counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: AWOL 1 day (23 October 2006 to 23 October 2006) / mode of return unknown; and AWOL 30 days (26 December 2006 to 24 January 2007) / apprehended; civilian confinement 110 day (25 January 2007 to 14 May 2007). j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 19 December 2006, which shows the applicant was diagnosed with an Axis I for adjustment disorder with depressed mood. It was noted that the applicant had the mental capacity to understand and participated in the proceedings and was mentally responsible. She appeared to be mildly depressed due to situational factors but was emotionally and mentally stable. The applicant was psychologically cleared for administrative action. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and DD Form 149. 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. 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 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 her current characterization of service is permanently stopping her from receiving further education. She does not feel the actions taken on her discharge are credible and feels as though her discharge should be reviewed for possible redetermination. The applicant's contentions were noted; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that the action taken on her discharge were unjustly. 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. Also, it should be noted, 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 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 4 December 2019, and by a 3-2 vote, the Board determined the discharge is inequitable based on the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD and MST). Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 1. 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 / RE-1 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 AR20180009615 1