1. Applicant's Name: a. Application Date: 15 October 2018 b. Date Received: 7 January 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, requests total reinstatement in the US Army Reserve. The applicant believes that the separation and reduction in rank was as a result of being punished for following the orders of a superior NCOs. The applicant was discharged and the relieved NCO was forced to retire. The applicant excelled above and beyond in all duties and assignments up until the day of dismissal. The applicant received no support from the command throughout those four years the applicant was waiting to resolve the matter. 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 diagnosis of Adjustment Disorder with anxiety and depressed mood. VA records indicate the applicant is 100% service-connected for PTSD due to MST. In summary, although the applicant has a BH diagnosis, it is not mitigating for the misconduct which led to separation from the Army. In a personal appearance hearing conducted at Arlington, VA on 11 March 2019, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, a prior period of honorable service, and the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD and MST), 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 general under honorable conditions. 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: NIF / AR 135-178 / NA / Under Other Than Honorable Conditions b. Date of Discharge: 28 August 2012 c. Separation Facts: NIF (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: An Army Board for Correction of Military Records, Record of Proceedings, Docket Number AR20130000791, dated 26 September 2013 shows on 12 July 2008, an administrative separation board convened to determine whether the applicant should be retained in Service. The administrative separation board recommended her separation due to a pattern of misconduct and issuance of a discharge under other than honorable conditions. (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 December 2001 / 6 years / the document extending the applicant's service until the date of discharge is not contained in the available record. b. Age at Enlistment / Education / GT Score: 42 years / College Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-6 / 42A, Human Resources Specialist / 11 years, 6 months, 1 day d. Prior Service / Characterizations: USAR, 22 March 1979 to 12 April 1979 / NA RA, 13 April 1979 to 26 August 1985 / HD USARCG, 27 August 1985 to 20 December 2001 / NA USAR, 21 December 2001 to 5 November 2007 / NA AD, 6 November 2007 to 12 March 2008 / HD USAR, 13 March 2008 to 5 May 2008 / NA AD, 6 May 2008 to 1 October 2008 / HD (Concurrent Service) e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: AGCM-2, NOPDR, ASR, OSR g. Performance Ratings: February 2002 to 1 May 2008, Fully Capable 1 June 2008 to 1 September 2008, Among The Best 1 October 2008 to 30 September 2011, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: NIF, the applicant was issued an administrative General Officer Memorandum of Reprimand (GOMOR), which is not contained in the available record. i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); self-authored statement (six pages); four civilian performance evaluations; Army Board for Correction of Military Records, AR 20130000791 (nine pages); and a character statement. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. The characterization is based upon the quality of the Soldier's service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army regulations, and the time-honored customs and traditions of the Army. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized if the Soldier is in entry-level status. However, the permissible range of characterization varies based on the reason for separation. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable and a change to the narrative reason for separation. The applicant's available record of service, the issues and documents submitted with her application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to the former Soldier's discharge from the US Army Reserve. However, the record shows on 23 August 2012, DA, HQS, 81st Regional Support Command, Fort Jackson, SC, Orders 12-236-00031, discharged the applicant from the US Army Reserve, effective date; 23 August 2012, with an under other than honorable conditions discharge. Barring evidence to the contrary, the presumption of government regularity shall prevail, as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant requests a change to the narrative reason for separation. The narrative reason for separation is governed by specific directives. The applicant was discharged under the provisions of AR 135-178. The applicant bears the burden of presenting substantial and credible evidence to support her request to change the reason for her discharge. There is no evidence in the available record, nor has the applicant provided any evidence, to support the request that the reason for her discharge was improper or inequitable. The applicant seeks relief contending, she requests total reinstatement in the US Army Reserve. This contention was previously addressed in an Army Board for Correction of Military Records, Record of Proceedings, Docket Number AR20130000791. The Army Discharge Review Board will not address this contention any further. The applicant's contentions were carefully considered regarding, she believes that the separation and reduction in rank was as a result of her being punished for following the orders of her superior NCOs; she was discharged and the relieved NCO was forced to retire; she excelled above and beyond in all her duties and assignments and until the day she was dismissed; and she received no support from the command throughout those four years she was waiting to resolve her matter. However, the merit of these contentions cannot be substantiated because the facts and circumstances leading to the discharge are not contained in the available record. The third party statement provided with the application speak highly of the applicant. However, the person providing the character reference statements was not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, this statement provide any evidence sufficiently compelling to overcome the presumption of government regularity. It is the applicant's responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None b. The applicant presented the following additional contention(s): None c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 11 March 2019, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, a prior period of honorable service, and the circumstances surrounding the discharge (i.e. post-service diagnosis of PTSD and MST), 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 general under honorable conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General Under Honorable Conditions 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 AR20190000239 4