1. Applicant's Name: a. Application Date: 26 August 2009 b. Date Received: 4 September 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her general (under honorable conditions) discharge to honorable; receive a medical retirement; and, recalculation of her active duty service. The applicant seeks relief contending, in effect, she accepts full responsibility for her actions hopes that she be given an opportunity to medically retire from the Army, after her 19 years and 10 months of faithful service to the country. The applicant believes the actions taken against were an over-kill and very harsh, considering she only had two- months left to obtain 20 years of service. She states she did not harm anyone, and ultimately only hurt herself. The applicant recognizes that as a Soldier, particularly a senior Non-commissioned Officer, she was tasked with upholding the Army Values and representing our great military with the dignity and honor it has always demanded. She recognizes that she failed to do this at one point in her career as she was plagued by racing thoughts, deaths, infidelity, and mental health conditions. For her, life became too distorted after suffering so many personal losses while being separated from her family, which is her strongest network of support. It became too heavy of a burden to bare and she allowed her depression, anxiety, and bi-polar disorder to take hold in her mind. The applicant states, she should have reached out for help, but she did not until it was too late. She is forever remorseful and has placed a huge burden on this great military. She understood that this meant that it was time for her to go, but the way she was let go is what she requests to be reconsidered. The applicant is the sole caregiver of her children, since her husband filed for a divorce and separated from them. Currently, she does not have any medical insurance and neither does her children, which is creating more anxiety for her every day as well as the financial burdens of not having a job. The applicant has continued to be a positive influence in her community, is active in her church, works with the homeless, serves in her sorority and continues to raise her children now that she is at home. She is ashamed of her misconduct, but she did not ask for bi- polar disorder, or any of the circumstances that influenced her bad judgement. A review of her service records will reflect she was an outstanding Soldier that made a bad decision towards the end of her career. The applicant further, details her contentions in a self-authored statement provided with the application. 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 anxiety/with mixed anxiety and depressed mood/unspecified; Bipolar Disorder NOS/Bipolar Disorder/Bipolar Disorder I, MRE (most recent episode) Depressed; Major Depressive Disorder, recurrent, moderate. The applicant is 100% service-connected from the VA for non-BH issues. The VA has also diagnosed the applicant with Adjustment Disorder with mixed anxiety and depressed mood; Bipolar Disorder, unspecified. 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 23 September 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: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 26 August 2019 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 June 2019 (2) Basis for Separation: The applicant was informed of the following reasons: Between on or about 1 July 2017 and on or about 31 July 2017, the applicant presented a fraudulent Basic Allowance for Housing Secretarial Waiver extension in order to receive $1971 a month at the Tampa, Florida rate, which claim was fraudulent in the amount of $510 a month, and resulted in the fraudulent collection of $3570.000 of housing allowance; On or about 26 September 2018, with intent to deceive, the applicant submitted a DA Form 31 with a false leave address to CPT K. S.; On or about 27 September 2018, she feigned illness in attempt to avoid her duties; On or about 28 September 2018, with intent to deceive, she sent a text message to COL D. E. implying she was still in Augusta, Georgia when she was instead in Pennsylvania; Between on or about 28 September 2018 and 29 September 2018, without authority, she went from her appointed place of duty of 72 hour quarters in her Augusta, Georgia residence to Pennsylvania; and, On 30 September 2018, she made multiple false statements to her leadership regarding her whereabouts over the previous 48 hours. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: 14 June 2019 (5) Administrative Separation Board: Pre-Trial Offer and Agreement, dated 16 April 2019, reflects the applicant as part of the agreement, unconditionally waived her right to an administrative separation board. (6) Separation Decision Date / Characterization: 25 July 2019 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 April 2014 / Indefinite b. Age at Enlistment / Education / GT Score: 27 / Master's Degree / 98 c. Highest Grade Achieved / MOS / Total Service: E-8 / 25B50, IT Specialist / 19 years, 10 months, 8 days d. Prior Service / Characterizations: USAR, 18 October 1999 - 27 July 2000 / NA IADT, 28 July 2000 - 11 January 2001 / UNC USAR, 12 January 2001 - 29 April 2006 / NA AGR, 30 April 2006 - 22 September 2008 / HD AGR, 23 September 2008 - 7 April 2014 / HD e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: AGCM, NDSM, ASR / The applicant's service record reflects she was awarded the MSM-3, ARCOM-4, AAM, AGCM-4, AFRM, ARCAM-2, NCOPDR- 3, OSR and GWOTSM, however, these awards are not reflected on her DD Form 214. g. Performance Ratings: 2 August 2014 - 3 June 2015 / Among The Best 4 June 2015 - 11 August 2016 / Highly Qualified 13 August 2016 - 12 August 2017 / Most Qualified 13 August 2017 - 12 August 2018 / Not Qualified h. Disciplinary Action(s) / Evidentiary Record: Law Enforcement Report - Initial - Final, dated 19 June 2018, reflects based on the evidence , Trial Counsel opined that probable cause existed to believe the applicant committed the offenses of Fraud and False Official Statement. No additional investigative efforts were required. There was sufficient evidence to provide to the command for consideration of action. GO Article 15, dated 20 August 2018, for between on or about 1 July 2017 and on or about 31 July 2017, by presenting a Basic Allowance for Housing Secretarial Waiver Extension, dated 7 July 2017, to the Fort Gordon Finance Office, an office of the United States duly authorized to approve a claim against the United States in the amount of $1971 a month for Basic Allowance for Housing at the Tampa, Florida rate, which claim was fraudulent in the amount of approximately $510 a month, in that she was not authorized to collect the Basic Allowance for Housing rate of Tampa, Florida, and was then known by her to be fraudulent. The punishment consisted of a forfeiture of $2,549 pay per month for two months (suspended); and, extra duty for 45 days (24 days suspended); and, restriction for 45 days (suspended). Findings and Recommendations for AR 15-6 Investigation, dated 17 October 2018, reflects the investigating officer found: The applicant's duty status and place of duty from 24 September 2018 - 27 September 2018 was errantly in her quarters and or on convalescent leave. From 27 September - 1 October 2018, the applicant's duty status and place of duty was her Quarters. All Soldiers assigned to HHD are restricted to a 250 mile travel radius without a leave or pass form signed by the HHO* Commander per the HHD Commanders policy letter number 7. From 24 September 2018 - 27 September 2018, the applicant was either in her quarters, at medical appointments or engaged with her Leadership. On 27 September 2018, the applicant was in multiple appointments at Dwight D. Eisenhower Army Medical Center from 1030 - 1508 then to her residence where she appeared in a Podcast from 2030 - 2127 after which the applicant called CW5 C. H. to take her to the Emergency Room at Dwight D. Eisenhower Army Medical Center. CW5 C. H. picked up the applicant at her residence and took her to Emergency Room where she was received at 2219. The applicant was released from the Emergency Room on 28 September 2018 at 0127 and driven to her residence by SSG A. M. On 28 September 2018, the applicant appears in a video posted at 1626 by "Coach" L. W. at the L.l.F.T. Conference (Kalahari Resorts & Conventions, Pocono Manor, Pennsylvania). On 29 September 2018 from 1246 to 1626, the applicant appears in multiple videos and photos at the L.I.F.T Conference (Kalahari Resorts & Conventions). The applicant violated HHD Commander Leave and Pass policy number 7 and Quarters orders governed under AR 40*66 and AR 40-600. The applicant fraudulently used the Medical sick call and Quarters process to allow hers to attend the L.I.F.T. Conference in Pocono Manor, Pennsylvania. The applicant's allegation that she is being treated unfairly or wrongfully targeted by her leadership was not found during the investigation. The applicant's decision to violate HHD Commander Leave and Pass policy number 7 and Quarters orders governed under AR 40-66 and AR 40-600 were due to her mental health state and her personal freedom restrictions imposed by the punishment under General Officer Article 15. Record Of Supplementary Action Under Article 15, UCMJ, dated 31 January 2019, reflects the suspended portion of the punishment imposed on 20 August 2018, was vacated because An AR 15-6 investigation found that the applicant was absent without leave from her place of duty between 28 September 2018 and 29 September 2018; that she violated HHD leave and pass policy; and that she made false or misleading statements regarding her location and medical conditions, in violation of Articles 86, 92, 107, and 115, UCMJ. Department of Defense Report of Result of Trial, dated 31 May 2019, reflects the applicant was charged with: Charge I: Violation of Article 115, UCMJ, the applicant did, at or near Fort Gordon, Georgia on or about 27 September 2018, for the purpose of avoiding service as an enlisted person, feign illness. The applicant was found guilty consistent with the plea. Charge II: Violation of Article 107, UCMJ, for: Specification 1: The applicant did, at or near Fort Gordon, Georgia on or about 26 September 2018, with intent to deceive, sign an official document, to wit: DA Form 31, which document was false in that the leave address would be in Augusta, Georgia between 24 September 2018 and 30 September 2018, and was then known by the applicant to be false. The applicant was found guilty consistent with the plea. Specification 2: did, at or near Fort Gordon, Georgia on or about 28 September 2018, with intent to deceive, make to Colonel D. E., an official statement, to wit: "Sir I have slept most of the day. I am feeling ok. Eating bananas and apples. My his and is three hours away," which statement was false in that it implied she was still in the Augusta, Georgia area, and was then known by the applicant to be so false. The applicant was found guilty consistent with the plea. Charge III: Violation of Article 86, UCMJ, the applicant did at or near Fort Gordon, Georgia, between on or about 28 September 2018 and on or about 29 September 2018, without authority, go from her appointed place of duty, to wit: 72 Hour Quarters in her Augusta, Georgia residence. The applicant was found guilty consistent with the plea. The sentence consisted of a reduction to the grade of E-7. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Medical Evaluation Board Proceedings, dated 28 January 2019, reflects the applicant was diagnosed with: Major depressive disorder, recurrent with anxious distress. Chronological Record of Medical Care, dated 15 July 2019, reflects the applicant was diagnosed with Bipolar Disorder. Review of Chart (memo), dated 17 July 2019, reflects the Chief, Behavioral Health, determined the applicant did not have a diagnosis that caused/excused delinquent behavior. It was especially concerning the applicant sought out Behavioral Health Services and other medical services when she was in some kind of trouble, non-medically related. The applicant's behavioral health medical record was reviewed by Dr. R. GF., MD. The applicant has had several diagnosis recorded in her electric medical record over the years. During her military career she has sought out help for various reasons to include but not limited to receiving a PTSD evaluation, which was negative on 12 June2018. She displays signs of resiliency. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 149; behavioral health medical records; separation authority decision memo; MEB proceedings with allied documents; separation physical with allied medical treatment records; self-authored statement; Enlisted Record Brief; copies military service records to include awards, training certificates and evaluations; 35 photographs; divorce procedures and allied documents; DA Form 2016; TRANSPOC report; DA Form 3349; Bachelor's Degree Diploma; Master's Degree Diploma; 32 third party letters; news article; essay. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states, she has continued to be a positive influence in her community and is active in her church, works with the homeless, serves in her sorority and continues to raise her children. 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 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 12c, misconduct (serious offense). 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; receive a medical retirement; and, recalculation of her active duty service. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The record confirms that 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 applicant requests a medical retirement and a review of her service credit. However, the applicant's requested changes to the DD Form 214 do not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The applicant contends she was suffering from a bipolar disorder, which affected her behavior and led to her discharge. The applicant's service record contains documentation that supports a diagnosis of in service depression; however, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 17 July 2019, the applicant's medical record was reviewed, which indicates she did not have a diagnosis that excused or caused delinquent behavior and the applicant displayed signs of resiliency. It appears, the applicant's chain of command determined that she knew the difference between what was right and wrong. The applicant contends she should have been medically discharged; however, Army Regulation 635-200, in pertinent part, stipulates that commanders will not take action to separate Soldiers for a medical condition solely to spare a Soldier who may have committed serious acts of misconduct. The applicant contends that she was having family issues that affected her behavior and ultimately caused her to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant contends that she had good service. The applicant's service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for her accomplishments. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. The third party statements provided with the application speak highly of the applicant's character; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 23 September 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 AR20190011571 1