1. Applicant’s Name: a. Application Date: 19 April 2016 b. Date Received: 22 April 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to his narrative reason for discharge. The applicant seeks relief contending, in effect, his discharge was unjust because a bar to reenlistment should not be initiated against a Soldier who refuses to reenlist. He contends in accordance to AR 601-280, paragraph 8-3b, a bar to reenlistment will not be initiated solely because a Soldier refuses to reenlist. Per the Board's medical officer, based on the information currently available for review, the applicant had no mitigating behavioral health condition with regards to his bar to reenlistment. The bar to reenlistment was put in place because of unsatisfactory performance and misconduct. Both the military and the VA electronic medical records were reviewed. In a personal appearance hearing conducted at Arlington, VA on 7 November 2016, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is inequitable based on the applicant’s length and quality of his service, to include his combat service, the circumstances surrounding his discharge (i.e. arbitrary and capricious actions of the command), and his personal testimony. Therefore, the board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, Chapter 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Unsatisfactory Performance / AR 635-200, Chapter 13 / JHJ / RE-3 / Honorable b. Date of Discharge: 31 October 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 September 2013 (2) Basis for Separation: The applicant’s potential for advancement and leadership within the United States Army was unlikely, based upon his history of poor performance, misconduct, and his failure to overcome a Bar to Reenlistment that was imposed on 1 November 2012. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 19 September 2013 (5) Administrative Separation Board: Waived (6) Separation Decision Date / Characterization: 23 September 2013 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 November 2008 / 5 years b. Age at Enlistment / Education / GT Score: 22 / Associate’s Degree / 110 c. Highest Grade Achieved / MOS / Total Service: E-5 / 15P20, Aviation Operations Specialist, 52D10, Power-Generation Equipment Repairer / 9 years, 1 month, 24 days d. Prior Service / Characterizations: RA, 7 September 2004 to 5 November 2008 / HD e. Overseas Service / Combat Service: Germany, Hawaii, SWA / Iraq (20 September 2005 – 28 September 2006 and 24 October 2008 – 7 October 2009) and Afghanistan (7 May 2012 – 1 March 2013) f. Awards and Decorations: ARCOM-2, AAM-4, AGCM-2, ACM-CS, ICM-4CS, NDSM, GWOTSM, NOPDR, ASR, OSR-5, NATOMDL g. Performance Ratings: 1 August 2009 thru 1 February 2010, Fully Capable 1 February 2010 thru 30 September 2010 1 October 2010 thru 30 September 2011, Marginal 1 October 2011 thru 28 August 2012, Fully Capable 29 August 2012 thru 28 August 2013, Fully Capable h. Disciplinary Action(s) / Evidentiary Record: General Officer Memorandum of Reprimand, reflects the applicant was reprimanded for operating a motor vehicle on a public road while under the influence of alcohol with a blood alcohol content of .080 on 31 October 2010. Summarized Record of Proceedings Under Article 15, UCMJ, dated 3 July 2012, for disobeying a lawful command from a commissioned officer on 16 June 2012. The punishment consisted of seven days extra duty. Bar to Reenlistment Certificate, dated 1 November 2012, for his Article 15 for failure to obey order and being noncompetitive for promotion (i.e., no demonstrated potential for future service (repeated counseling statements), no demonstrated ability to keep pace with others of the same career management field, not recommended for promotion by unit commander, and lack of potential to become a supervisor or senior technician. Several Developmental Counseling Forms for recommendation to impose a bar to reenlistment as a result of an Article 15, disobeying a direct order from a commissioned officer, having no potential for future service in the Army, not demonstrating the ability to keep pace with others, 2nd bar to reenlistment review which was denied resulting in separation under AR 635-200 Chapter 13 being started. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 19 August 2013, reflects the applicant was diagnosed with (Axis I) adjustment disorder. It was noted that the applicant endorsed symptoms which may have been consistent with mild PTSD and further evaluation was conducted, however he did not meet the full criteria for the diagnosis. He denied suicidal and homicidal ideation. He had the capability to understand any proceedings command may deem necessary and was cleared for participation in such proceedings at the time. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149; self-authored statement; and DD Form 214. 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. 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 "JHJ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 13, and Unsatisfactory Performance. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JHJ" will be assigned an RE Code of 3. 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.” “Conditions documented in the 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 PTSD or PTSD related conditions 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 under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD or PTSD-related conditions as a causative factor 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. Correction Boards will also exercise caution 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 a change of his narrative reason for discharge. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed. Evidence in the record shows the applicant was discharged because his potential for advancement and leadership within the United States Army was unlikely and based upon his history of poor performance, misconduct, and his failure to overcome a Bar to Reenlistment that was imposed on 1 November 2012. The applicant was discharged under the provisions of Chapter 13, AR 635-200, by reason of unsatisfactory performance, with a characterization of service of honorable. The narrative reason for discharge specified by Army Regulations for a discharge under this Chapter is "Unsatisfactory Performance," and the separation code is "JHJ." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant seeks relief contending, his discharge was unjust because a bar to reenlistment should not be initiated against a Soldier who refuses to reenlist. He contends in accordance to AR 601-280, paragraph 8-3b, a bar to reenlistment will not be initiated solely because a Soldier refuses to reenlist. The applicant’s contentions were noted; however, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his discharge was unjust. In fact, evidence shows the applicant was discharged as a result of his lack of potential for advancement and leadership, based upon his history of poor performance, misconduct, and his failure to overcome a Bar to Reenlistment that was imposed on 1 November 2012 and not solely because he refused to reenlist. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional documents and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional documents: VA PTSD rating – 6 pages Social Security decision – 12 pages Sworn statement – 1 page b. The applicant presented no additional contentions. c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 7 November 2016, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is inequitable based on the applicant’s length and quality of his service, to include his combat service, the circumstances surrounding his discharge (i.e. arbitrary and capricious actions of the command), and his personal testimony. Therefore, the board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, Chapter 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Secretarial Authority d. Change SPD / RE Code to: JFF / No Change e. Restore (Restoration of) Grade to: NA AUTHENTICATING OFFICIAL: COL, US ARMY Presiding Officer Army Discharge Review Board 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 AR20160008481 5