BOARD DATE: 8 June 2017 DOCKET NUMBER: AR20150019246 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x______ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 8 June 2017 DOCKET NUMBER: AR20150019246 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. BOARD DATE: 8 June 2017 DOCKET NUMBER: AR20150019246 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 his uncharacterized discharge be upgraded to an honorable discharge. 2. The applicant states he wants an upgrade to his discharge so he may reenlist at a later date. He states that while he was in basic training he found he was suffering from post-traumatic stress disorder (PTSD) from unspecific events that occurred prior to him entering the service. 3. The applicant provides no additional evidence in support of his request. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 4 January 2011. He was assigned to Fort Sill, Oklahoma, for the purpose of completing his initial entry training; however, he did not complete this training. 3. A DD Form 2807-1 (Report of Medical History) and DD Form 2808 (Report of Medical Examination), both dated 5 October 2010, show the applicant was in good health, with no health issues, wore eye glasses, and he was deemed qualified for service by the examining physician at the military entrance processing station. 4. The applicant's record reveals five DA Forms 4856 (General Counseling Form), dated between 16 and 26 January 2011. a. On 16 January 2011, he was counseled and read his rights on event-oriented by the company first sergeant. He was asked if he wanted to kill himself or harm someone in the company; to which he responded no. However, the applicant did request to seek help from the Center for Mental Health Services (CMHS). b. Additionally, in a separate counseling he was counselled on the procedures of getting to the CMHS, given instructions to comply with, and was put on a command watch. The applicant concurred with the counseling and placed his initials in the appropriate block and signed and dated the forms. c. On 20 January 2011, he was counseled for missing mandatory training and violating his obligations and duties as a Soldier. He was further counseled on his lack of motivation and mental capacity to perform his duties. He concurred with the counseling and placed his initials in the appropriate block and signed and dated the form. d. On 26 January 2011, he was counseled for missing mandatory training and was given special instructions from his chain of command. He went to CMHS and based on their suggestions, the battery commander decided to start the process to separate him from the Army. He was provided specific instructions and assigned two battle buddies to be with him at all times. e. On 26 January 2011, he was counseled for failing his physical readiness test. He concurred with the counseling and placed his initials in the appropriate block and signed and dated the form. 5. A MEDCOM Form 699-R (Report of Mental Status Evaluation), dated 19 January 2011, shows the applicant was evaluated as a command-interest. The licensed psychologist stated the applicant's behavior was normal, cooperative and tearful. He was fully alert and oriented, with his mood affect as stressed, overwhelmed and congruent. He was clear and normal in thinking process. His was fair in judgement, impulse control, reliability, concentration and memory. He was psychiatrically cleared to return to his unit, with no training restrictions, and was scheduled for a follow-up visit. He determined to be uncertain to continue in military service. His diagnostic finding was classified as "Acute Reaction to Stress." It further noted the applicant was mentally responsible, had the mental capacity to understand and participate in any proceedings, and met the mental health retention requirements of chapter 2, Army Regulation 40-501 (Standards of Medical Fitness). 6. Another MEDCOM Form 699-R, dated 26 January 2011, shows the applicant was evaluated for an administrative separation. The medical provider stated the applicant's behavior was normal, cooperative and tearful. He was fully alert and oriented, with his mood as depressed, stressed, congruent, and appropriate. He was clear in thinking process with normal and hallucination in thought content. His was fair in judgement, impulse control, reliability, concentration and memory. It noted the applicant was mentally responsible, had the mental capacity to understand and participate in any proceedings, and met the mental health retention requirements of chapter 2, Army Regulation 40-501. It additionally stated: * he was not motivated to continue in military service * he was psychiatrically cleared to return to his unit * he met the psychiatric criteria for routine administrative separation in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 11, entry-level performance and conduct * he met the retention standards of chapter 3, Army Regulation 40-501 * his diagnostic findings was classified as acute reaction to stress and rule out major depressive disorder 7. The applicant's commander notified him on 26 January 2011 that he was initiating action to discharge the applicant from the service under the provisions of Army Regulation 635-200, chapter 11, due to entry-level performance and conduct. He was advised of his rights and his commander cited the following reasons for his propose action: * his incapability of adjusting to the military way of life because he has admitted to hearing voices that told him to hurt himself * stressors from the military environment; specifically, drill sergeants, seemingly facilitated these voices * CMHS recommended that he not carry a weapon, which precluded him from completing tasks required of a Soldier * these conditions impaired him and made him unfit for military service 8. On this same date, the applicant acknowledged receipt of the separation notification memorandum. He stated he understood that, if approved, he would receive an uncharacterized, entry level separation. He waived consulting with counsel, elected not to make any statements in his own behalf, and waived his separation physical. 9. On an undated memorandum, the applicant's immediate commander recommended his separation from the Army, under the provisions of Army Regulation 635-200, chapter 11 due to his failure to adapt to the military motivationally, emotionally, and sociologically. He further recommended rehabilitation be waived and he not be transferred to the Individual Ready Reserve (IRR). 10. On 28 January 2011, the separation authority reviewed the proposed separation action and approved the applicant's entry-level separation with an uncharacterized characterization of service. He directed that the applicant be discharged in accordance with Army Regulation 635-200, chapter 11, and he waived further rehabilitative efforts and directed that the applicant not be transferred to the IRR. 11. The applicant was discharged on 10 February 2011. The DD Form 214 (Certificate or Release or Discharge from Active Duty) he was issued shows the following entries: * Item 23 (Type of Separation) – Discharge * Item 24 (Character of Service) – Uncharacterized * Item 25 (Separation Authority) – Army Regulation 635-200, chapter 11 * Item 26 (Narrative Reason for Separation) – Entry Level Performance and Conduct 12. The applicant's record does not contain, nor does he provide, any evidence which shows he was diagnosed or treated for PTSD during his period of service. 13. The applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge. On 24 November 2015, the ADRB determined the applicant's reason for discharge and characterization of service were both proper and equitable and denied his request for a discharge upgrade. REFERENCES: Army Regulation 635-200 prescribes policies, standards, and procedures providing for the orderly administrative separation of active duty enlisted Soldiers. a. Chapter 3 states a separation will be described as entry level with uncharacterized service if the Soldier has less than 180 days of continuous active duty service at the time separation action is initiated. 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 11 provides for the separation of personnel because of unsatisfactory performance or conduct (or both) while in an entry-level status. When separation of a Soldier in an entry-level status is warranted by unsatisfactory performance or minor disciplinary infractions (or both) as evidenced by inability, lack of reasonable effort, or failure to adapt to the military environment, he or she will normally be separated per this chapter. Service will be uncharacterized for entry-level separation under the provisions of this chapter. DISCUSSION: 1. The applicant's request that his uncharacterized discharge be upgraded to an honorable discharge was carefully considered. 2. The evidence of record shows that within 6 months of his entrance on active duty, the applicant was counseled on numerous occasions regarding his failure to adapt and conform to military standards. He was also evaluated he was emotionally and sociologically incapable of remaining in the service and successfully completing training or perform in a military work environment. 3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. 4. The evidence of record also shows he was in an entry-level status at the time of his separation. As a result, his service was appropriately described as "uncharacterized" in accordance with governing regulations. All requirements of law and regulation were met and his rights were fully protected throughout the separation process. 5. An uncharacterized discharge is not meant to be a negative reflection of a Soldier's military service. It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated as honorable or otherwise. 6. An honorable discharge may be granted only in cases that are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. There are no such circumstances present in his records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150019246 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150019246 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2