1. Applicant's Name: a. Application Date: 19 February 2019 b. Date Received: 22 February 2019 c. Counsel: V 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the general (under honorable conditions) discharge to honorable and a change to narrative reason for discharge to Convenience of the Government. The applicant seeks relief contending, in effect, that the presumption of regularity that might normally permit the board to assume that the service acted correctly in characterizing service as less than honorable does not apply to the case because of the evidence the applicant submitted. The applicant contends average conduct and efficiency rating/behavior and proficiency marks were good. The applicant received letters of recommendation; record of promotions showed the applicant was generally a good service member; and has been a good citizen since discharge. The applicant's record of NJP's/Article 15's indicate only isolated or minor offenses. The applicant contends that the applicant served exactly 1,184 days on Active Duty; the applicant was 3 months and 29 days from ETS date but was given a general (under honorable conditions) discharge. The applicant was a well-rounded Soldier with a work ethic no one could deny. The applicant received every rank with a promotion waiver because of being a diligent, and a proud Soldier. The applicant knows she deserved this discharge upgrade, despite discharge remains resilient. The applicant still strives to get education and prove to current employers that the applicant is honorable. The applicant works full time and attends Community College as a full-time student. The applicant has attached letters of recommendation from former commander, former squad leader, current employer, and written statements from peers at the time of discharge and proof of outstanding academic achievements. Although the applicant is willing to accept a role in discharge, thinks attached statements will speak bounds to who the applicant was as a Soldier. The applicant hopes the board will see from their kind words and the applicant's persistence to acquire an education and be the best the applicant can be, that the applicant is deserving of a discharge upgrade. 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 PTSD, Adjustment Disorder. The applicant is 70% 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 14 August 2020, and by a 4-1 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: Pattern of Misconduct / AR 635-200 / Chapter 14-12b / JKA / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 20 April 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 April 2016 (2) Basis for Separation: The applicant was informed of the following reasons: for failing to obey a lawful order issued by SSG J.V., to pay her spouse an amount of $684.00 per month on or about 1 March 2016; Being disrespectful in language towards SSG J.J.V., on or about 26 June 2015; and Failing to be at her appointed place of duty on or about 8 September 2015 and on or about 14 September 2015 (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 4 April 2016 (5) Administrative Separation Board: (6) Separation Decision Date / Characterization: 6 April 2016 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 January 2013 / 3 years, 30 weeks b. Age at Enlistment / Education / GT Score: 19 / GED / 87 c. Highest Grade Achieved / MOS / Total Service: E-4 / 91S10, Stryker Systems Maintainer / 3 years, 2 months, 28 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: Counseling statements for various acts of misconduct and duty performance. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 14 October 2015, which indicates the applicant was diagnosed with an Axis I for Adjustment Disorder with Depressed Mood. It was noted from a behavioral health perspective, the applicant met the medical fitness standards for retention per AR 40-501 3-31 to 3-37 as there was no indication of a board able behavioral health disorder at that time. The applicant was cleared from a behavioral health perspective for administrative separation IAW 635-200. Report of Mental Status Evaluation, dated 7 January 2016, which indicates the applicant was diagnosed with an Axis I for Adjustment Disorder with Mixed Anxiety and Depressed Mood. It was also noted that the applicant could understand and participated in administrative proceedings and appreciated the difference between right and wrong. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; statement from current employer; statement from peers during the time of her discharge; letters of recommendation from her former commander officer; letter of recommendation from her former squad leader; proof of outstanding academic achievement; and DD Form 214 for the period of service under review. 6. POST SERVICE ACCOMPLISHMENTS: The applicant provided a copy of her college transcript and a letter congratulating her for her superior grade point average for Spring Quarter, 2018, by earning a GPA above 3.60. 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. Paragraph 14-12b addresses a pattern of misconduct consisting of either discreditable involvement with civilian or military authorities or discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice, Army Regulations, the civilian law and time-honored customs and traditions of the Army. 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 "JKA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, and pattern of misconduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JKA" will be assigned an RE Code of 3. 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 and a change to her narrative reason for discharge to Convenience of the Government. 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 he should have been retained on Active duty. The evidence of record shows the applicant was separated under the provisions of Chapter 14, paragraph 14-12b, AR 635-200 with a general (under honorable conditions) discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Pattern of Misconduct," and the separation code is "JKA." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The appropriate RE code is 3. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending that her average conduct and efficiency rating/behavior and proficiency marks were good. She received letters of recommendation; her record of promotions showed she was generally a good service member; and she has been a good citizen since her discharge. Her record of NJP's/Article 15's indicate only isolated or minor offenses. The applicant contends that she served exactly 1,184 days on Active Duty; she was 3 months and 29 days from her ETS date but was given a general (under honorable conditions) discharge. She was a well-rounded Soldier with a work ethic no one could deny. She received every rank with a promotion waiver because she was diligent, and a proud Soldier. She knows she deserved this discharge upgrade despite her discharge she remains resilient. She still strives to get her education and prove to her current employers that she is honorable. She works full time and attend Community College as a full-time student. She has attached letters of recommendation from her former commander, former squad leader, current employer, and written statements form her peers at the time of her discharge and proof of outstanding academic achievements. Although she is willing to accept that she played a role in her discharge, she thinks her attached statements will speak bounds to who she was as a Soldiers. She hopes the board will see from their kind words and her persistence to acquire an education and be the best she can be, that she is deserving of a discharge upgrade. The applicant's in-service and post-service accomplishments were noted as outlined in her application; and the applicant is to be commended on both. However, the service record indicates the applicant committed several discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of her service, brought discredit on the Army, and were prejudicial to good order and discipline. 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 14 August 2020, and by a 4-1 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 AR20190004589 1