IN THE CASE OF:   

		BOARD DATE:  4 February 2014

		DOCKET NUMBER:  AR20130010009


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests an upgrade of her discharge under honorable conditions (general).

2.  The applicant states:

* she suffers from post-traumatic stress disorder (PTSD)
* she was not fully diagnosed until after she was discharged
* her PTSD resulted in her tardiness for work due to her insomnia and a serious case of depression
* she had the potential to be a great Soldier, but her illness interfered with her career
* her PTSD has worsened as time goes by despite being prescribed medication and continuous therapy for her condition

3.  The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty) and an extract of her Department of Veterans Affairs (VA) Rating Decision, dated 24 April 2012.

CONSIDERATION OF EVIDENCE:

1.  On 15 July 2008, the applicant enlisted in the Regular Army in the rank/grade of private first class/E-3.  She completed initial entry training and was awarded military occupational specialty (MOS) 27D (Paralegal Specialist).

2.  On or about 10 January 2009 upon completion of her initial entry training, she was assigned to Headquarters and Headquarters Detachment (HHD), 14th Combat Support Hospital, Fort Benning, GA.

3.  She deployed to Iraq in support of Operation Iraqi Freedom from 5 July 2009 through 30 January 2010.  During this period, she was assigned to Company A, 14th Combat Support Hospital, Task Force 1st Medical Brigade, Camp Cropper, Iraq.

4.  During the period 3 March 2009 through 6 November 2009, she was counseled on numerous occasions for violations of the Uniform Code of Military Justice (UCMJ) for acts including, but not limited to, failing to obey an order or regulation, being insubordinate toward a senior noncommissioned officer (NCO), driving without a driver's license, failing to report and disobeying a direct order, violating a commander's policy, non-compliance with Army weight control standards, failing to be at the appointed place of duty at the prescribed time, showing disrespect toward an NCO, and missing formation.

5.  Her records show she accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the UCMJ on two separate occasions for the following offenses:

* on 11 September 2009 for failing to go at the prescribed time to her appointed place of duty on or about 9 September 2009
* on 11 November 2009 for failing to go at the prescribed time to her appointed place of duty on or about 8 October 2009 and 17 October 2009

6.  On 20 November 2009, she underwent a behavioral health evaluation for the purpose of administrative separation by reason of misconduct.  The examining physician stated:

* her behavior was normal
* she was fully alert and fully oriented
* her mood was unremarkable
* her thought process was clear and her thought content was normal
* her memory was good
* she possessed the mental capacity to understand and participate in any separation proceedings
* she was mentally responsible
* she met the retention requirements of Army Regulation 40-501 (Standards of Medical Fitness), chapter 3
* she possessed low potential for self harm

7.  The examining physician diagnosed her as having complicated bereavement (now resolved) and an adjustment disorder with depressed mood.  She was returned to duty with no change in duty status and she was psychiatrically cleared for any administrative action deemed appropriate by her command.  In the remarks section of the Medical Command Form 4038 (Report of Behavioral Health Evaluation), the examining physician stated:

This SM [service member] is not a danger to herself or others.  She does not have a mental health condition currently that prevents her from taking part in administrative actions deemed appropriate by Command.  Her current psychiatric symptoms do not rise to the level needed for Medical Evaluation Board (MEB) proceedings.

8.  On 12 November 2009, she underwent a separation physical while serving in Iraq.  Her DD Form 2807-1 (Report of Medical History) and DD Form 2808 (Report of Medical Examination) note her anxiety, depression, and insomnia.  However, as a result of her medical examination by competent medical authorities, she was considered "qualified for service" and "qualified for retention."

9.  Her immediate commander notified her that she was initiating action to separate her from the Army for misconduct under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 14-12a, based on her continued minor disciplinary infractions.  Her immediate commander recommended her retention and reclassification into another MOS and advised her that the intermediate commanders and the separation authority were not bound by her recommendation.

10.  On 10 December 2009, the applicant acknowledged receipt of the separation memorandum.

11.  On 3 January 2010 after consultation with counsel, the applicant again acknowledged receipt of the separation memorandum.  Additionally, she acknowledged she had been advised by counsel of:

* the basis for the contemplated action to separate her under the provisions of Army Regulation 635-200, paragraph 14-12a, for misconduct – minor disciplinary infractions – and its effects
* the rights available to her
* the effect of any action taken by her in waiving her rights

12.  She elected to submit statements in her own behalf; however, such statements, if submitted, were not included with the discharge packet in her records.

13.  Her immediate commander recommended her separation from the Army under the provisions of Army Regulation 635-200, paragraph 14-12a, for misconduct – minor disciplinary infractions.  Her immediate commander recommended her discharge under honorable conditions (general) or retention and reclassification.

14.  The Commander, 14th Combat Support Hospital, recommended her retention and reclassification; however, if separated, she recommended the applicant receive an under honorable conditions (general) discharge.

15.  On 19 January 2010, the Commander, Task Force 1st Medical Brigade, approved her discharge from the Army with her service characterized as general under honorable conditions.

16.  On 26 February 2010, she was discharged from the Army under the provisions of Army Regulation 635-200, paragraph 14-12a, by reason of misconduct (minor infractions).  Her DD Form 214 shows:

* she was discharged in the rank/grade of private/E-2
* her service was characterized as under honorable conditions (general)

17.  On 4 November 2011 after a careful review of her application, military records, and all other available evidence, the Army Discharge Review Board determined she was properly and equitably discharged and denied her request for a discharge upgrade.

18.  Her service medical records were not available for review.  There is no documentation in the available records and she has not provided any documentation that shows she was treated for any physical or mental illness or injury that might be attributed to her period of active service or that was of the severity to warrant her entry into the Physical Disability Evaluation System.

19.  She provides an extract of her VA Rating Decision, dated 24 April 2012, which shows the VA rated her as 100-percent disabled as the result of service-connected PTSD.

20.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.

	a.  Paragraph 1-33b (Disposition through Medical Channels) states that when the medical treatment facility (MTF) commander or attending medical officer determines that a Soldier being processed for administrative separation under chapters 7, 14, or 15, does not meet the medical fitness standards for retention, he or she will refer the Soldier to an MEB in accordance with Army Regulation 40-400 (Patient Administration).  The administrative separation proceedings will continue, but final action by the separation authority will not be taken pending the results of the MEB.

		(1)  If the MEB findings indicate that referral of the case to a PEB is warranted for disability processing under the provisions of Army Regulation 
635-40 (Physical Evaluation for Retention, Retirement, or Separation), the MTF commander will furnish copies of the approved MEB proceedings to the Soldier's general court-martial convening authority (GCMCA) and unit commander.  The GCMCA may direct, in writing, that the Soldier be processed through the physical disability system when action under the UCMJ has not been initiated and one of the following has been determined:

		(a)  The Soldier's medical condition is the direct or substantial contributing cause of the conduct that led to the recommendation for administrative elimination; or

		(b)  other circumstances of the individual's case warrant disability processing instead of further processing for administrative separation.

		(2)  The authority of the GCMCA to determine whether a case is to be processed through medical disability channels or under administrative separation provisions will not be delegated.

		(3)  Disability processing is inappropriate if the conditions in subparagraph (1)(a) and (b) do not apply, if UCMJ action has been initiated, or if the Soldier has been medically diagnosed as drug dependent.

	b.  Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

	c.  Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.

	d.  Chapter 14 establishes policy and prescribes procedures for separating Soldiers for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, frequent involvement in incidents of a discreditable nature with civil and/or military authorities, commission of a serious offense, conviction by civil authorities, desertion, or absence without leave.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter; however, the separation authority may direct a discharge under honorable conditions (general) if such is merited by the Soldier's overall record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an upgrade of her discharge under honorable conditions (general) was carefully considered; however, there is insufficient evidence to support her request.

2.  The applicant contends she was not fully diagnosed with PTSD until after she was discharged and it was because of her PTSD that she suffered from insomnia and depression.

3.  The evidence of record shows she underwent a behavioral status evaluation prior to her separation.  After her examination, her physician determined:

* she was not a danger to herself or others
* she did not suffer from a mental health condition that prevented her from taking part in administrative actions deemed appropriate by the command
* her psychiatric symptoms did not rise to the level needed for MEB proceedings

4.  The evidence further shows she underwent a separation physical and while the examining physician noted her anxiety, depression, and insomnia, he made no mention of the possibility that she suffered from PTSD at the time.  In fact, the examining physician considered her "qualified for service" and "qualified for retention."  While she has since been diagnosed with PTSD, that diagnosis was not present during her separation processing.

5.  The evidence shows she was counseled on numerous occasions for various UCMJ infractions and she accepted NJP on two separate occasions.  The evidence does not link her misconduct to any medical or mental condition she may have been experiencing at the time.

6.  Accordingly, her chain of command proceeded with her separation action under the provisions of Army Regulation 635-200, paragraph 14-12a, for misconduct (minor infractions).  All requirements of law and regulation were met and her rights were fully protected throughout the separation process.  She benefited from the advice of counsel.  The separation authority approved her discharge and she was ultimately issued an under honorable conditions (general) discharge.

7.  Based on her record of indiscipline, including instances of misconduct, her service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, she is not entitled to an honorable discharge.

8.  In view of the foregoing, there is no basis for granting the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _____________X____________
                  CHAIRPERSON

I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20110020788



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ABCMR Record of Proceedings (cont)                                         AR20130010009



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