1. Applicant's Name: a. Application Date: 12 July 2018 b. Date Received: 16 July 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her under other than honorable conditions discharge to honorable or general (under honorable conditions). The applicant seeks relief contending, in effect, that her discharge should be upgraded because she acquired mental health issues while serving. She served in the Army and her military service aggravated her mental health. Evidence includes changes in her behavior, she had deterioration in her work performance, and episodes of depression. She experienced panic attacks and anxiety without identifiable cause. She also experienced relationship issues. Her Post Traumatic Stress Disorder has affected her in several ways. She now works for a non- profit organization that employs people with disabilities and she is currently working at an Air Force Base in the mailroom. Her mental health condition is her disability that was acquired from being in the Army. She believes the discharge she received was not consistent with the law because of her acquired mental health condition while in the Army and it left her disabled and now she needs proper treatment. Her current characterization of service has left her with no benefits for health and she desperately needs healthcare. She is also wanting to go further in her career as a civilian but her discharge holds her back from jobs she is otherwise qualified for. She contends that she served 3 years, 7 months, and 6 days in the Army and cannot receive any benefits because of her discharge. She received a National Defense Service Medal, she has lived her life with an under other than honorable conditions discharge on her background for 10 years and is now requesting a review. She asks that the board please understand her situation and have sympathy for a Soldier who served their country during a time of war. 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 she has provided civilian medical documentation of a diagnosis of PTSD, this documentation neither indicates the date of onset of her PTSD nor her traumatic stressor. Without this documentation, no decision regarding medical mitigation of her misconduct can be made. The applicant is not service-connected 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 2 December 2020, 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 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 14 October 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 17 July 2008 (2) Basis for Separation: The evidence of record contains a DD Form's 458, Charge Sheets which indicates on 17 July 2008, the applicant was charged with being absent from her unit from 27 July 2005 until her return on 1 July 2008. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 18 July 2008 (5) Administrative Separation Board: None (6) Separation Decision Date / Characterization: 18 July 2008 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 March 2005 / 4 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / None / 8 months, 1 day d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Several DA Form 4187's (Personnel Actions), changing the applicant duty status from Present for Duty (PDY) to Absent Without Leave (AWOL); AWOL to PDY; PDY to AWOL; AWOL to Dropped from Rolls (DFR); and DFR to PDY / Returned to Military Control. i. Lost Time / Mode of Return: Absent Without Leave for 1,070 days (27 July 2005 to 1 July 2008) / apprehended by civilian authorities. The DD Form 214 under review also makes reference to 89 days of excess leave (18 July 2008 to 14 October 2008). j. Diagnosed PTSD / TBI / Behavioral Health: NIF; However, post-service documents submitted by the applicant indicate the applicant has been diagnosed with depression, anxiety and PTSD; and as of 30 March 2017 she was being treated with an SSRI and a treatment plan had been completed. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; military service history; and her diagnosis by licensed psychiatrist. 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 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Army policy states that although an honorable or general, under honorable conditions discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate. 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 or general (under honorable conditions). The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. The applicant, in consultation with legal counsel voluntarily requested, in writing, a discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court-martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense, and she indicated she understood she could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veterans' benefits. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. Her record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general (under honorable conditions) discharge by the separation authority at the time of discharge. The applicant seeks relief contending that her discharge should be upgraded because she acquired mental health issues while serving. She served in the Army and her military service aggravated her mental health. Evidence includes changes in her behavior, she had deterioration in her work performance, and episodes of depression. She experienced panic attacks and anxiety without identifiable cause. She also experienced relationship issues. Her Post Traumatic Stress Disorder has affected her in several ways. She now works for a non- profit organization that employees people with disabilities and she is currently working at an Air Force Base in the mailroom. Her mental health condition is her disability that was acquired from being in the Army. She believes the discharge she received was not consistent with the law because of her acquired mental health condition while in the Army and it left her disabled and now she needs proper treatment. Her current characterization of service has left her with no benefits for health and she desperately needs healthcare. The independent medical document submitted by the applicant along with her contends that medical issues contributed to her discharge from the Army were note; however, the service record does not support the applicant's contention, and no evidence to support it has been submitted to corroborate the discharge was the result of any medical condition. Further, the record does not contain any medical evidence to indicate a problem which would have rendered the applicant disqualified for further military service at the time of discharge. It should be noted; the applicant 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 before committing the misconduct which led to the separation action under review. The applicant contends that she served 3 years, 7 months, and 6 days in the Army and cannot receive any benefits because of her discharge. She received a National Defense Service Medal, she has lived her life with an under other than honorable conditions discharge on her background for 10 years and is now requesting a review. She asks that the board please understand her situation and have sympathy for a Soldier who served their country during a time of war. The applicant's contention was noted; however, although the applicant contends that she served 3 years, 7 months, and 6 days in the Army, the evidence of records shows she was AWOL for a period of 2 years, 11 months, and 5 days, which resulted in her being discharged under the provision of Chapter 10 and receiving her current characterization of service. The applicant expressed her desire for an upgrade of her discharge for the purpose of furthering her career as a civilian but her discharge holds her back from jobs she is qualified for. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 2 December 2020, 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 / 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 AR20180010956 1