ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  21 May 2019

	DOCKET NUMBER:  AR20170008316


APPLICANT REQUESTS: reconsideration of his earlier request for an upgrade of his 
discharge from under honorable conditions (general) to honorable.  He also requests:

*	Correction of the Narrative Reason for Separation to disability or administrative 
separation
*	Correction of the Separation Code to “disability, non EPTS (Existed Prior to 
Service)”

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 293 (Application for the Review of Discharge from the Armed Forces of the 
United States)

FACTS:

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 AR20140002744 on 16 November 2012.

2.  The applicant states that he would like to upgrade his discharge from under 
honorable conditions (general) to honorable and correct his narrative reason for 
separations to “disability-other or administrative separation and correct his separation 
code to “disability, non-EPTS” (Existed Prior to Service).  In addition, this matter is 
entitled to an expedited decision because the application is based on whole matters 
relating to post traumatic stress disorder (PTSD) (10.U.S.C 1553(d) (2).  He believes 
the record in error because the “general” characterization of service in an injustice and 
improper in light of the September 2014 Secretary of Defense Chuck Hagel 
memorandum.  His disciplinary violations occurred purely as a result of his undiagnosed 
PTSD.  The “general” discharge is an error because his chain of command committed 
abuse of discretion by assigning him to punitive characterization of service despite that 
he was diagnosed with PTSD symptomology while in military service.  The “general” 
discharge is an error in light of a change in policy regarding co-occurring PTSD and 
administrative separation for reason of misconduct.  The “general” discharge is an error 
in view of his honorable military service.  

3.  A review of the applicant’s service record show:

	a.  He enlisted in the Regular Army on 20 October 2003.  He reenlisted on 
29 November 2005.

	b.  He served in Iraq from 9 February 2005 to 22 January 2006 in support of 
Operation Iraqi Freedom.

	c.  On 19 March 2007, he accepted nonjudicial punishment for wrongfully using 
Methylenedioxymethamphetamine (MDMA), commonly known as ecstasy) and 
methamphetamines.  His punishment included, in part, reduction to E-2. 

	d.  On 4 August 2007, the immediate commander notified the applicant of his intent 
to separate him under the provisions of Army Regulation (AR) 635-200 (Personnel 
Separations-Active Duty Enlisted Administrative Separations), chapter 14-12(b) (pattern 
of misconduct) for wrongfully using MDMA and methamphetamines.  He recommended 
a general discharge. 

	e.  On 4 August 2007, he was advised by his consulting counsel of the basis for the 
contemplated action to separate him for pattern of misconduct under the provisions of 
AR 635-200, chapter 14-12(b), its effect, of the rights available to him, and the effect of 
any action taken by him in waiving his rights.  He acknowledged:

*	he had been afforded the opportunity to consult counsel
*	waive consideration of case by administrative board
*	statements submitted on his behalf
*	request representation by military counsel
*	that he was being considered for service characterization under honorable 
conditions (general)

	f.  The commander formally initiated separation under AR 635-200, chapter 14-12(c) 
and the chain of command recommended approval. 

	g.  On 5 August 2007, the separation authority approved the applicant’s separation 
under AR 635-200, chapter 14-12(b) with the issuance of an under honorable conditions 
discharge (general).

	h.  On 28 August 20017, the applicant was discharged from active duty.  His DD 
Form 214 shows he was discharged for pattern of misconduct under the provisions of 
AR 635-200, chapter 14-12(b).  Block 26 (Separation Code), shows JKA Block 28 
(Narrative Reason for Separation) shows “Pattern of Misconduct.”  His DD Form 214 
further shows he completed 3 years, 4 months, and 29 days of active service and he 
was awarded or authorized:

*	Purple Heart (2nd Award))
*	Army Commendation Medal
*	National Defense Service Medal
*	Global War on Terrorism Service Medal
*	Iraq Campaign Medal
*	Army Service Ribbon
*	Overseas Service Ribbon

4.  By regulation, AR 635-200 (Personnel Separations - Enlisted Personnel) members 
re subject to separation for commission in a serious offense.  Commission of a serious 
military or civil offense, if the specific circumstances of the offense warrant separation 
and a punitive discharge would be authorized 

5.  By regulation AR 635-8 (Personnel Separations Processing and Documents), Block 
28 of the DD Form 214 is based on regulatory or other authority and can be checked 
against the cross reference in AR 635–5–1 (Separation Program Designator (SPD) 
Codes).

6.  By regulation AR 635-5-1 (Separation Program Designator Codes), the Separation 
Code for Soldiers separating under paragraph 14-12b of AR 635-200 is JKA which 
corresponds to “Pattern of Misconduct.” 

7.  In reaching its determination, the Board can consider the applicants petition and his 
service record in accordance with the published equity, injustice, or clemency 
determination guidance

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was warranted.  Based upon the documentary evidence provided by the applicant and 
found within the military service record, the Board concluded there was sufficient 
evidence to show an error or injustice which would warrant upgrading the applicant’s 
characterization of service to honorable; changing the separation authority to AR 635-
200, 5-17; changing the narrative reason to mental condition not a disability; and 
changing the separation code to JHD other. 



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by reissuing the applicant a 
DD Form 214 showing:
*	characterization of service:  “Honorable”
*	separation authority:  “AR 635-200, para 5-17”
*	narrative reason for separation:  “mental condition, not a disability”
*	separation code:  “JHD”
	  
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.  Army Regulation (AR) 635-200 (Personnel Separations - Enlisted Personnel), in 
effect at the time, provides for the separation of enlisted personnel.

	a.  Paragraph 3-7a (Honorable Discharge) states an honorable discharge is a 
separation with honor.  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.

	b.  Paragraph 3-7b (General Discharge) states a general discharge is a separation 
from the Army under honorable conditions.  When authorized, it is issued to a member 
whose military record is satisfactory but not sufficiently meritorious to warrant an 
honorable discharge.

	c.  Chapter 14 -12b (Pattern of misconduct) of that regulation provides that member 
are subject to separation for patterns of misconduct.  A pattern of misconduct consists 
of discreditable involvement with civil or military authorities or conduct prejudiced to 
good order and discipline including conduct violating the accepted standards of 
personal conduct found in the UCMJ, Army Regulations, the civil law, and time honored 
customs and traditions of the Army.

2.  AR 635-5-1 (Separation Program Designator (SPD) Codes) states that SPD codes 
are three-character alphabetic combinations which identify reasons for and types of 
separation from active duty.  The "JKA" SPD code is the correct code for Soldiers 
separating under paragraph 14-12a of AR 635-200 by reason of misconduct – pattern 
of misconduct. 

3.  On 3 September 2014, the Secretary of Defense directed the Service Discharge 
Review Boards (DRBs) and Service Boards for Correction of Military/Naval Records 
(BCM/NRs) to carefully consider the revised PTSD criteria, detailed medical 
considerations, and mitigating factors, when taking action on applications from former 
service members administratively discharged under other than honorable conditions, 
and who have been diagnosed with PTSD by a competent mental health professional 
representing a civilian healthcare provider in order to determine if it would be 
appropriate to upgrade the characterization of the applicant's service.

4.  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.

5.  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)	 AR20170008316

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