ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 May 2019 DOCKET NUMBER: AR20160015517 APPLICANT REQUESTS: an upgrade of his uncharacterized discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Applicant Civilian Medical Records FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his discharge was due to mental and physical trauma during his time in the service from soldiers in his training battalion and Physical Training and Rehabilitation Program (PTRP) ward. He was abused physically/mentally, and harassed to the point of suicide. He had almost completed all his training, when he had stress fractures discovered and he was sent to rehabilitation. He often would make mistakes, and get the platoons punished multiple times, in each platoon he was in. He was threatened with violence and he reported these incidents. He was driven to try to commit suicide. He served the Army as best he could, but was done a great injustice by other Soldiers. He have a pending disability claim, and plead that you change his discharge to honorable under general. 3. A review of applicant service record shows: a. He enlisted in the Regular Army on 22 July 1999. b. On 13 January 2000, his commander notified him of his intent to initiate separation action against him in accordance with Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 11. The reasons for separation were applicant lack of motivation, adjustment disorder, and failure to adapt to the military environment. c. On 13 January 2000, the applicant acknowledge receipt of separation notice, under AR 635-200, chapter 11, and on the same day he requested to be discharge from the Army in an expeditious manner. He further made the following elections: * he did not desire to consult with counsel * he not desire to make statements on her own behalf * he desired to obtain copies of documents that will be sent to the separation authority supporting the proposed separation * he did not request a separation physical d. The separation authority approved the applicant's separation from Army with the character of service uncharacterized discharge. e. On 14 January 2000, the applicant was discharged from active duty. His DD Form 214 shows he was discharged in accordance with chapter 11 of AR 635-200 with an uncharacterized discharge. He completed 5 months and 23 days of active service. 4. A medical advisory opinion was received from the Army Review Boards Agency on 21 February 2019 in the processing of this case. The medical advisor/psychologist stated the following: a. The applicant contends that he was mentally and physically abused while attending basic combat training (BCT) and driven "to commit suicide". He states he has a disability claim pending and would benefit from a change in his discharge status to "Honorable under General." b. He has identified the mental and physical abuse he experienced during BCT as his primary traumatic stressor. According to his 2016 VA Compensation and Pension Examination, the applicant stated his Attention Deficit Hyperactivity Disorder (ADHD) diagnosis made BCT difficult for him and he was bullied as a result. Applicant is 70% service connected for Post Traumatic Stress Disorder (PTSD). c. Applicant's VA Problem List contains the following Behavioral Health-related diagnoses: Attention Deficit Hyperactivity Disorder (ADHD); Bipolar Disorder, type 1, mixed, manic; PTSD; Unspecified Disorder of Adult Personality and Behavior; Alcohol Dependence, in full remission. d. There is no indication in the applicant's military records that he failed to meet military medical retention standards IAW AR 40-501 (Standards of Medical Fitness). e. Review of the applicant's post service medical documentation indicates that he has been diagnosed with Bipolar Disorder by both civilian and VA medical providers. According to the VA record, the applicant's traumatic stressor has been identified as the mental and physical abuse the applicant states he endured while attending BCT. f. Review of the applicant's military records indicates he was diagnosed with Adjustment Disorder with mixed emotions while on active duty. His discharge mental status evaluation indicates that he was experiencing decreased motivation, anxiety/depression and stress from his military environment and he was briefly hospitalized for a possible overdose. g. In accordance with the 3 September 2014 Secretary of Defense Liberal Guidance Memorandum, the applicant's military medical records do not support the existence of PTSD or any other boardable Behavioral Health Diagnosis at the time of discharge. The applicant's medical records indicate that the applicant did meet medical retention standards IAW AR 40-501. There are no mitigating Behavioral Health conditions. 5. The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit a rebuttal and/or comments. He did not respond. 6. By regulation (AR 635-200), the Army considers a separation an entry-level separation if processing is initiated while a member is in an entry-level status. During the first 180 days of continuous active military service, a member's service is under review. a. When separated within the first 180 days, service is usually not characterized unless the circumstances of the separation warrant an under other-than-honorable conditions discharge. A general discharge is not authorized. b. The entry-level separation is given regardless of the reason for separation. An uncharacterized discharge is neither positive nor negative; it is not "derogatory." An uncharacterized character of service is not meant to be a negative reflection of a Soldier’s military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. 7. In reaching its determination, the Board can consider the applicant’s petition and her service record in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined that relief was not warranted. Based upon the applicant’s administrative separation being initiated within the first 180 days of military service, the Board concluded there was no error or injustice which would warrant changing the characterization of service. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, sets forth the basic authority for the separation of enlisted personnel a. Chapter 11 sets policy and provides guidance for the separation of personnel because of unsatisfactory performance or conduct (or both) while in an entry-level status. It states when separation of a member in 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, the member normally will be separated per this chapter. This separation policy applies to enlisted members of the Regular Army who have completed no more than 180 days active duty on their current enlistment by the date of separation and have demonstrated they are not qualified for retention for one or more of the following reasons: * cannot or will not adapt socially or emotionally to military life * cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline * have demonstrated character and behavior characteristics not compatible with satisfactory continued service * failed to respond to counseling b. Paragraph 1-13 (Honorable discharge) states an honorable discharge is a separation with honor. Issuance of an honorable discharge certificate is predicated upon proper military behavior and proficient performance of duty during the member's current enlistment or period of obligated service with due consideration for the member's age, length of service, grade, and general aptitude. Where a member has served faithfully and performed to the best of his ability and there is no derogatory information in his military record, he should be furnished an honorable discharge certificate. c. Paragraph 1-13b (General discharge) A general discharge is a separation from the Army under honorable conditions. It is issued to a member whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 3. On 25 August 2017, the Office of the Undersecretary of Defense for Personnel and Readiness issued clarifying guidance for the Secretary of Defense Directive to DRBs and BCM/NRs when considering requests by Veterans for modification of their discharges due in whole, or in part, to: mental health conditions, including PTSD; TBI; sexual assault; sexual harassment. Boards were directed to give liberal consideration to Veterans petitioning for discharge relief when the application for relief is based in whole or in part to those conditions or experiences. The guidance further describes evidence sources and criteria, and requires Boards to consider the conditions or experiences presented in evidence as potential mitigation for that misconduct which led to the discharge. 4. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief based on equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. ABCMR Record of Proceedings (cont) AR20160015517 4 1