BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20160009815 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: 27 April 2017 DOCKET NUMBER: AR20160009815 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 to amend the decision of the ABCMR set forth in Docket Number AR20150008581, dated 25 February 2016. ___________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: 27 April 2017 DOCKET NUMBER: AR20160009815 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 reconsideration of his earlier request to correct his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his character of service as honorable. 2. The applicant states: a. An officer ordered him to physically harm himself during basic combat training. b. Due to suicide attempts by Soldiers in basic combat training, he suffered from post-traumatic stress disorder (PTSD). c. A drill sergeant retired at the mid-point in basic combat training, which presented more PTSD for him. d. His now ex-wife informed him that a recruiting officer was threatening her with deportation to Guyana if she didn't perform sexual favors. e. He believes the mental health evaluation section of his original application is not true. f. He was not given any legal counsel nor was he made aware he could make a statement in his behalf. If he were mentally stable to understand, he would have asked for legal counsel. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20150008581 on 25 February 2016. 2. The applicant's contentions are new evidence that were not previously considered by the Board and warrant consideration at this time. 3. The applicant enlisted in the Army National Guard on 16 March 1994 for a period of 8 years. On 19 April 1994, he was ordered to active duty for training. 4. On 4 May 1994, he underwent a mental health evaluation to assess if he had the potential to complete basic combat training. He was diagnosed with an adjustment disorder (not otherwise specified) with physical complaints and anxious mood. 5. On 6 May 1994, he was notified of his pending release from active duty under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11, for entry-level performance and conduct. The unit commander cited his diagnosis of adjustment disorder as the specific reason for the proposed action. 6. On 6 May 1994, he acknowledged notification of the separation action. He also acknowledged he understood he would receive an entry-level separation with uncharacterized service. He elected not to consult with legal counsel and not to submit a statement in his own behalf. 7. The separation authority decision is not available for review. 8. On 17 May 1994, he was released from active duty to the control of the Army National Guard under the provisions of Army Regulation 635-200, chapter 11, for entry-level performance and conduct. He completed 29 days of creditable active service. His service was uncharacterized. 9. On 18 May 1994, he was discharged from the Army National Guard. His service was uncharacterized. 10. There is no evidence showing he was diagnosed with PTSD prior to or subsequent to his discharge in May 1994. 11. On 25 February 2016, the ABCMR denied his request for an upgrade of his discharge. 12. An advisory opinion was rendered by the Army Review Boards Agency Medical Advisor, dated 16 March 2017, wherein he stated: a. The applicant's medical records at the time of his discharge do not reasonably support him having a boardable medical condition for that period. b. He met mental health standards based on a presumption of regularity, but based on what he told the examiner on 29 April 1994, it also appears likely that he had a condition that existed prior to service and he was not honest during his pre-induction physical. c. He did not meet medical retention standards. d. His mental health conditions were considered at the time of his discharge from the Army. e. A review of his available documentation did not discover evidence of mental health considerations that justifies changing the characterization of his discharge from uncharacterized to honorable. 13. A copy of this advisory opinion was provided to the applicant for comment and/or rebuttal. He did not respond. REFERENCES: Army Regulation 635-200 sets forth the basic authority for separation of enlisted personnel. a. Chapter 11 provides for the separation of Soldiers because of unsatisfactory performance and/or conduct while in an entry-level status. This provision applies to individuals who demonstrate they are not qualified for retention because they could not adapt socially or emotionally to military life; or because they lacked the aptitude, ability, motivation, or self-discipline for military service; or they demonstrated characteristics not compatible with satisfactory continued service. (1) This policy applies to Soldiers who cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline. (2) Separation under this chapter applies to Soldiers who are in an entry-level status and have completed no more than 180 days of continuous active duty before the date of initiation of separation action and demonstrated they could not or would not adapt socially or emotionally to military life. (3) Service will be described as uncharacterized under the provisions of this chapter. b. Chapter 3 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. DISCUSSION: 1. Although the applicant contends he was suffering from PTSD, there is no evidence of record and he provided no evidence showing he was diagnosed with PTSD. The medical advisor stated his medical records did not reasonably support him having a boardable medical condition at the time of his discharge. 2. He contends he was not given any legal counsel nor was he made aware he could make a statement in his own behalf. The evidence of record shows he elected not to consult with legal counsel in writing and further declined to submit a statement in his own behalf on 6 May 1994. 3. The evidence shows he was released from active duty on 17 May 1994 for entry-level performance and conduct after completing only 29 days of active service. His service was characterized as entry-level status. 4. 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 to be rated. 5. His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. He had an opportunity to submit a statement in which he could have voiced his concerns and he failed to do so. 6. The type of discharge directed and the reason were therefore appropriate considering all the facts of the case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009815 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009815 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2