1. Applicant's Name: a. Application Date: 18 May 2019 b. Date Received: 22 May 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an under other than honorable conditions discharge to general (under honorable conditions). The applicant seeks relief contending, in effect, the applicant did not appear in person in front of the Board in March 2019. The applicant arrived late and had to return to New Jersey. The applicant believes the Board is being biased and the applicant had submitted valuable evidence to support the claim. The evidence of record reflects the applicant had a prior records review conducted at Arlington, VA on 25 March 2019. 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 Adjustment Disorder with Disturbance of Emotions and Conduct. Post-service, the applicant has diagnoses of Adjustment Disorder with Mixed Mood, Personality Disorder, and Adjustment Disorder with Anxiety and Depression. In summary, the applicant's BH diagnoses are not mitigating for the misconduct which led to separation from the Army. In a personal appearance hearing conducted at Arlington, VA on7 October 2019, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, a prior period of honorable service, homelessness, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of OBH). 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 / NIF / NIF / NIF / Under Other Than Honorable Conditions b. Date of Discharge: 29 July 2013 c. Separation Facts: (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: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 October 2008 / 5 years b. Age at Enlistment / Education / GT Score: 39 / HS Graduate / 102 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92Y10, Unit Supply Specialist / 8 years, 6 months, 1 day d. Prior Service / Characterizations: RA (21 January 2004 to 22 March 2004) / UNC Break in Service ARNG (31 March 2005 to 10 May 2005) / NA IADT (11 May 2005 to 23 November 2005) / HD ARNG (24 November 2005 to 29 August 2006) / NA ARNG (30 August 2006 to 5 October 2008) / HD USAR (6 October 2006 to 21 January 2011) / NA ONO MOB (22 January 2011 to 26 March 2011) / HD USAR (27 March 2011 - Continuous Service) e. Overseas Service / Combat Service: None / None f. Awards and Decorations: AAM; NDSM; GWOTSM; ASR; AFRMM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Orders 13-203-00012, dated 22 July 2013, reflects the applicant was discharged from the USAR, effective 29 July 2013, with a Under Other Than Honorable Conditions discharge. i. Lost Time / Mode of Return: NIF j. Diagnosed PTSD / TBI / Behavioral Health: The applicant previously submitted documentary evidence: Psychological Evaluation, dated 16 December 2014, concludes with a "DSM V" diagnosis of an "Adjustment Disorder with Anxiety and Depressed Mood." 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; DD Form 293; ADRB Decision Letter. 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 his under other than honorable conditions discharge to general (under honorable conditions). The applicant's available record of service, and the issues and documents submitted with her application were carefully reviewed. However, the service record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army Reserve. However, the applicant's record does contain a properly constituted discharge Orders 13-203-00012, dated 22 July 2013. Barring evidence to the contrary, it appears all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that her service mitigated the type of discharge he received from the U.S. Army Reserve. The orders indicate the applicant was discharged under the provisions of AR 135-178, with a characterization of service of Under Other Than Honorable Conditions. The applicant contends that the Board was biased towards her; however, she has provided no evidence that she should not be held responsible for her misconduct. After carefully examining the applicant's available military records, there are insufficient mitigating factors to make a determination upon the applicant's quality of service and the merit of her issues. The applicant provided no independent and insufficient corroborating evidence demonstrating that either the command's action was erroneous or that her service mitigated the type of discharge he received from the US Army Reserve. The applicant's documentary evidence shows diagnoses of behavioral health issues. If the Board determines the applicant's behavioral health issues were significant contributing factors to any incidents of misconduct, it can grant appropriate relief by changing the reason for separation and/or the characterization of service. Although the applicant is scheduled for a personal appearance hearing, it would still be her responsibility to meet the burden of proof and provide the appropriate documents (i.e., the complete 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): Psychiatric Evaluation (17 pages) Court Documents (40 pages) b. The applicant presented the following additional contention(s): Applicant provided oral argument and statements in support of the contentions provided in written submissions and in support of previously submitted documentary evidence c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on7 October 2019, and by a 3-2 vote, the Board determined that the characterization of service was inequitable based on the applicant's length and quality of service, a prior period of honorable service, homelessness, and the circumstances surrounding the discharge (i.e. in-service and post-service diagnoses of OBH). 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 AR20190007604 4