ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 2 March 2020 DOCKET NUMBER: AR20190009534 APPLICANT REQUESTS: The applicant requests his uncharacterized service be upgraded honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Orders 247-0085, U.S. Army Field Artillery Center, Fort Sill, OK, dated 4 September 2001 * DD Form 2648 (Preparation Counseling Check List) * DA Form 2-1 (Personnel Qualification Record) 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 he would like to have his discharge reviewed and upgraded to honorable based on his personality disorder as initially designated as applicable. He was informed during his original enlistment that he had the sickle cell trait and he opted to leave basic training. He reenlisted in the Army Reserve in in August 2001 and found himself similarly undecided and after evaluation was discharged. 3. Additionally, he states his condition on his [military record] is inconsistent with his public/private record. Those records reveal honorable and reasonable behavior, before, during, and after discharge. 4. The applicant served in the U.S. Air Force from 16 January to 8 February 1996. The DD Form 214 he was issued confirms he was discharged from the Air Force in accordance with “AFI 36-3208,” due to entry level separation, as a result of a personality disorder. He completed 23 days of active military service. 1 5. On 7 August 2001, the applicant enlisted in the Regular Army for 3 years with a waiver for personality disorder [not in the available record]. However, his record does contain an enlistment medical examination showing: * Summary of Defects and Diagnosis, “Personality Disorder S-3” * Recommendation, Further Specialist Examinations Indicated, forwarded to waiver authority * Examinee, “is not qualified for DAR” * A physical profile, PULHES, of “3” in psychiatric 6. His DA Form 1966 (Record of Military Processing-Armed Forces of the United States) shows he disclosed he had previous military Service. He was assigned to Fort Sill, for basic training. 7. A Report of Mental Status Evaluation, dated 14 August 2001, shows one week after his enlistment, he was diagnosed to have a personality disorder. His behavior was bizarre, he was fully alert, fully oriented, his mood and affect was flat, his thinking process was clear, his thought content was abnormal, and his memory was fair. It was also determined that he had the mental capacity to understand and participate in proceeding [deemed appropriate by his chain of command], he was mentally responsible, and he met requirements of chapter 3, Army Regulation (AR) 40-501 (Standards of Medical Fitness). a. Remarks show: AXIS I: No diagnosis AXIS II: “Schizotypal Personality Disorder” AXIS III: None AXIS IV: Mild-routine military service at pre-baric AXIS V: GAF - 55 b. It was also determined he had current potential for: Self-harm, harm to others, [going absent without leave] AWOL was estimated to be low. 8. The evaluating/staff psychiatrist made the following proposals: * Follow-up appointment on 20 August 2001 * Increased supervision * No further access to weapons or ammunition * Not suitable for continued access to classified material and clearances should be suspended * He met the criteria for separation for Personality Disorder IAW [in accordance with] chapter 5-13, AR 635-200 * Recommend expeditious discharge * It was the professional opinion of this evaluator that the applicant’s problem would not respond to command efforts at rehabilitation (such as transfer. disciplinary action or reclassification) nor to any treatment methods currently available in any military mental health facility * Recommended placement on the buddy system 9. Two Developmental Counseling Forms, dated 22 August 2001, show the applicant was counseled and advised by senior drill sergeants that he was being recommended for possible separation under the provisions of Chapter 11, AR 635-200, due to his inability to adapt to military life. He was diagnosed with, “Schizotypal Personality Disorder” which prohibited him from continuing to train. It would be in both his and the Army's best interest if he was separated from the service. Further rehabilitative efforts were unlikely to be effective. If approved he would receive an entry level separation with uncharacterized service. He would not be allowed to reenter the Armed Forces of the United States for a period of 2 years. He would also forfeit any funds contributed for participation in the Montgomery GI Bill. On 23 August 2001, the applicant signed both forms and annotated both acknowledging he agreed. 10. The applicant’s immediate commander notified the applicant of his intent to initiate separation action against him under the provisions of chapter 11, AR 635-200 (Trainee Discharge Program), by reason of entry level performance and conduct. The reason for this action was the applicant’s inability to adapt to military life. 11. On 24 August 2001, the applicant acknowledged receipt of the separation notification in accordance with chapter 11, AR 635-200. He was advised of his rights. He waived his right to consult with counsel and indicated he did not desire to exercise this right. He did not desire to make statements in his own behalf and he declined a separation medical examination, if his separation was approved. 12. His immediate commander recommended separation in accordance with chapter 11, AR 635-200, due to entry level status performance and conduct. 13. On 29 August 2001, the separation authority waived the rehabilitation requirements and approved the applicant's discharge from active duty, with an uncharacterized discharge, under the provisions of chapter 11, AR 635-200, due to entry level status performance and conduct. 14. Accordingly, the applicant was discharge from active duty on 7 September 2001. His DD Form 214 confirms he was discharged from active duty in accordance with AR 635-200, chapter 11, due to entry level performance and conduct. He completed 1 month and 1 day of creditable active military service. 15. The applicant provides documents from his service record to include Orders 247-0085, assigning him to the Army Transition Point with a reporting date of 7 September 2001, for separation processing. 16. Regarding the applicants contentions that: a. During his original enlistment he was informed that he had the sickle cell trait and he opted to leave basic training. The applicant served in the U.S. Air Force from 16 January to 8 February 1996 and he was discharged due to entry level separation, as a result of a personality disorder. There is nothing in the available evidence confirming the applicant’s contention of a sickle cell trait or that it interfered with his ability to serve. b. His discharge should be reviewed and upgraded to honorable based on his personality disorder as initially designated as applicable. The applicant served in the RA from 7 August through 7 September 2001, a period of 1 month and 1 day. During this period of service he was diagnosed with “Schizotypal Personality Disorder,” which prohibited him from continuing to train. As such he was discharged under AR 635-200, chapter 11, due to entry level performance and conduct, because he had completed less than 180 days of continuous active duty before initiation of the separation action. c. Additionally, he contends his condition in his [military record] is inconsistent with his public/private record. Those records reveal honorable and reasonable behavior, before, during, and after his discharge. His RA service record confirms what happened during his military service and both his Air Force and RA service records are consistent. He entered the RA with a preexisting condition [Schizotypal Personality Disorder] and within 1 week of his enlistment it was determined he could not complete training. 17. AR 635-200 states separation under Chapter 11 applied to Soldiers who were in an entry-level status (i.e., had completed no more than 180 days of continuous active duty before the date of the initiation of separation action) who could not meet the minimum standards for completion of training. An uncharacterized description of service was required for separation under this chapter. 18. In reaching its determination, the Board can consider the applicant's petition, his service record, and his mental health condition in light of the published DOD guidance on equity, injustice, or clemency. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and published DoD guidance for consideration of discharge upgrade requests. The Board considered the applicant’s statement, his record and length of service, the previous period of service, the reason for his separation and his entry-level status at the time of his discharge. The Board considered the Report of Mental Health Status evaluation, a behavioral health diagnosis and profile and the contents of his separation packet. The Board found that the evidence shows the applicant’s condition existed prior to his Army enlistment and that he did not complete required training to be awarded an MOS. Based on a preponderance of evidence, the Board determined that the character of service the applicant received upon separation was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. 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. 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. AR 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 11 of the regulation in effect at the time provided for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry-level status. This provision applied to individuals who had demonstrated they were not qualified for retention because they: * could not adapt socially or emotionally to military life * lacked the aptitude, ability, motivation, or self-discipline for military service * demonstrated characteristics not compatible with satisfactory continued service b. The separation policy applied to Soldiers who could not meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline. Separation under this chapter applied to Soldiers who were in an entry-level status (i.e., had completed no more than 180 days of continuous active duty before the date of the initiation of separation action). An uncharacterized description of service was required for separation under this chapter. c. It states in pertinent part that an uncharacterized separation is an entry-level separation. A separation will be described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable condition is authorized under the reason for separation and is warranted by the circumstances of the case or when The Secretary of the Army, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. For Regular Army Soldiers, entry-level status is the first 180 days of continuous active duty or the first 180 days of continuous active duty following a break in service of more than 92 days of active military service. d. 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. e. A general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. A characterization of under honorable conditions may be issued only when the reason for the Soldier's separation specifically allows such characterization. 3. 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. a. 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. b. 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. //NOTHING FOLLOWS//