1. Applicant's Name: a. Application Date: 14 January 2016 b. Date Received: 27 January 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a change to the reentry eligibility (RE) code. The applicant seeks relief contending, in effect, at the time of discharge, he was unable to perform the fitness standards due to depression. He desires to reenter military service to defend and support his country once again. Per the Board's Medical Officer, based on the information available for review at the time, the applicant had a partially mitigating behavioral health condition (dysthymia and/or depression) affecting his performance which contributed to his separation from the Army. The applicant's paper Service Treatment Record (STR) was not available for review from the National Personnel Records Center (NPRC) at the National Archives and Records Administration (NARA). In a records review conducted at Arlington, VA on 24 May 2017, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and the circumstances surrounding his discharge (i.e. non-misconduct discharge), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Unsatisfactory Performance / AR 635- 200, Chapter 13 / JHJ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 23 October 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 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 October 2012 / 3 years b. Age at Enlistment / Education / GT Score: 25 / HS Graduate / 104 c. Highest Grade Achieved / MOS / Total Service: E-5 / 19D20, Cavalry Scout / 8 years, 3 months, 13 days d. Prior Service / Characterizations: RA, 11 July 2005 to 27 February 2008 / HD RA, 28 February 2008 to 30 September 2012 / HD e. Overseas Service / Combat Service: Korea, Germany, SWA / Afghanistan (26 January 2009 to 17 September 2009) f. Awards and Decorations: ARCOM, AAM-3, AGCM-2, NDSM, ACM-CS, GWOTSM, KDSM, NCOPDR, ASR, OSR-3, NATOMDL, CAB g. Performance Ratings: 27 September 2012 to 26 September 2013, Marginal h. Disciplinary Action(s) / Evidentiary Record: A negative counseling statement, dated 4 January 2012, for dereliction of duty, disobeying a lawful order, assault and disorderly conduct. FG Article 15, dated 2 February 2012, for being drunk and disorderly (1 January 2012). The punishment consisted of a reduction to E-4 (suspended), forfeiture of $1,181 pay for one month; extra duty and restriction for 45 days. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 and VA entitlement benefits letter 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier. Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases or an uncharacterized description of service if in entry-level status. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members' discharges. "Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre- existing conditions which are determined not to have been incurred or aggravated while in military service." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and a change to the reentry eligibility (RE) code. The applicant's available record of service, the issues and document submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. Barring evidence to the contrary, the presumption of government regularity prevails as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The applicant contends that, at the time of discharge, he was unable to perform the fitness standards due to depression. The applicant submitted a VA benefits entitlement letter that revealed he was receiving a monthly entitlement; however, the letter did not specify what the condition was that warranted him to receive that entitlement. Further, the applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he was unable to perform to standards due to depression. The applicant desires to reenter military service to defend and support his country once again. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There was no basis to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 24 May 2017, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include his combat service, and the circumstances surrounding his discharge (i.e. non-misconduct discharge), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined the reason for discharge was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD/RE Code to: No Change f. Restore (Restoration of) Grade 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 AR20160003122 1