ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
RECORD OF PROCEEDINGS 
IN THE CASE OF:    BOARD DATE: 25 February 2021 DOCKET NUMBER:  AR20200001003 
APPLICANT REQUESTS: in effect, restoration of his rank and pay grade from private (PVT)/E-1 to private first class (PFC)/E-3 and correction of Block 26 (Separation Code) of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
. DD Form 149 (Application for Correction of Military Record) . Department of Veterans Affairs (VA) benefits letter dated 1 November 2019 
FACTS: 
1. 
The applicant did not file within the 3-year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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, in effect, he was suffering from an unknown behavioral health condition that led to his misbehavior causing his reduction in rank and then led to his separation from active duty. He further states his behavioral health or medical condition is now recognized by the VA as service connected. 

3. 
On 15 January 1987 the applicant enlisted in the Regular Army for a 2-year enlistment option period.  His rank at time of his enlistment is shown as PFC/E-3.  He completed his initial entry training requirements and was awarded military occupational specialty 13F (Fire Support Specialist.) On or about 16 June 1987 he reported to his first duty station after completing training.  He was assigned to a field artillery unit at Fort Hood, Texas. 

4. 
The applicant’s personnel record shows he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) as follows: 


. on 29 October 1987 for wrongfully using marijuana; part of his punishment included reduction in rank to PV2/pay grade E-2 
. on 9 December 1987 for failing to go to his appointed place of duty on five separate occasions; part of his punishment included reduction in rank to PVT/pay grade E-1 
5. 
The applicant’s DA Form 2-1 (Personnel Qualification Record) affirms the fact he was reduced to PV2/E-2 on 29 October 1987 and to PVT/E-1 on 9 December 1987. 

6. 
On 14 December 1987 the applicant’s company commander initiated a bar to reenlistment because of his numerous acts of misconduct as shown on his multiple NJP forms, for writing a dishonored check and for a letter of debt from a motor company in the amount of $2,573.05. The commander stated the applicant was counseled on numerous occasions for minor misconduct and unsatisfactory duty performance. 

7. 
On 16 January 1988 the applicant requested in writing discharge from the Regular Army under the provisions of paragraph16-5b of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) because he stated he would not be able to overcome his locally imposed bar to reenlistment. He acknowledged his request for discharge was for his personal convenience and he would not be permitted to reenlist at a later date.  He concluded his statement stating if his request for discharge was approved, he understood his separation was irrevocable. His company commander endorsed the applicant’s request recommending the separation authority approve his request for separation. 

8. 
The separation authority approved the applicant’s request for discharge directing the applicant receive an Honorable Discharge Certificate.  The separation authority also stated the applicant would not be transferred to the U.S. Army Reserve, Individual Ready Reserve. 

9. 
On 28 January 1988 personnel at Fort Hood, Texas, issued Orders 18-190 ordering the applicant’s discharge from the Regular Army effective 4 February 1988. Accordingly, the applicant was honorably discharged as ordered and issued a DD Form 214 documenting his service.  He had served on active duty for a period of 1 year and 20 days.  His DD Form 214 contains the following pertinent information: 

. Block 4a (Grade, Rate or Rank) – PV1 . Block 4b (Pay Grade) – E-1 . Block 12h (Record of Service – Effective Date of Pay Grade) – 9 December 1987 . Block 25 (Separation Authority) – chapter 16, Army Regulation 635-200 . Block 26 (Separation Code) – KGF . Block 27 (Reenlistment Code) – RE 4 . Block 28 (Narrative Reason for Separation) – locally imposed bar to reenlistment 

10. 
As evidence to support his application, the applicant provided a VA benefits letter dated 1 November 2019 showing he receives benefits because of his VA rating of 100 percent and due to the fact he is unemployable.  The VA letter does not identify the applicant’s service-connected disabilities and the applicant did not provide separate documents showing a behavioral health diagnosis or a medical condition that could have potentially interfered with his ability to perform his duties. 

11. 
Army Regulation 635-5-1 (Separation Program Designators (SPD)) prescribes the specific authorities (regulatory, statutory, and Department of Defense/Army policy) and reasons for the separation of Soldiers from active duty. It prescribes when to enter an SPD codes on the DD Form 214.  SPD codes are three-character alphabetic combinations that identify reasons for separation.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and Military Services to assist in the collection and analysis of separation data.  SPD codes are not intended to stigmatize an individual in any manner. The regulation in effect at the time stated SPD code KGF was for enlisted personnel who had a Headquarters, Department of the Army or locally imposed bar to reenlistment under the provisions of Army Regulation 635-200, paragraphs 16-5a or b. 

12. 
Army Regulation 27-10 (Military Justice), chapter 3 (Nonjudical Punishment (NJP)), implements and amplifies Article 15, UCMJ, and Part 5, Manual for Courts-Martial. Chapter 3, Section V (Suspension, Vacation, Mitigation, Remission, and Setting Aside), states the power to set aside an executed punishment and to mitigate a reduction in grade to a forfeiture of pay, absent unusual circumstances, will be exercised only within 4 months after the punishment has been executed. When the commander sets aside any portion of the punishment, the commander will record the basis for this action on DA Form 2627–2. When a commander sets aside any portion of the punishment after 4 months from the date punishment has been executed, a detailed addendum of the unusual circumstances found to exist will be attached to the form containing the set-aside action. When a commander or appropriate authority sets aside any portion of the punishment after 4 months from the date of punishment has been executed, a detailed addendum or the unusual circumstances found to exist will be attached to the form containing the set aside action. 

13. 
Based on the applicant’s statement he has a behavioral health or medical condition that impaired his ability to comply with acceptable standards of conduct and his letter from the VA showing he is rated 100 percent disabled and unemployable, the Army Review Boards Agency (ARBA) medical staff conducted a medical review for the Board. See "MEDICAL REVIEW" section. 


MEDICAL REVIEW: 
1. 
The applicant is applying to the ABCMR requesting discharge upgrade contending that the misconduct leading to his discharge, although with reduced rank and bar for reenlistment, was due to PTSD he developed during his time in service. The ARBA psychologist was asked by the ABCMR to review this request. 

2. 
Documentation reviewed includes the application and supporting documentation and his military separation packet. The VA electronic medical record, Joint Legacy Viewer (JLV) was also reviewed. No hard copy military medical records or civilian medical documentation was provided for review as well. 

3. 
The VA electronic medical record, JLV, did indicate a service connected disability at 100% with PTSD 100%. The Problem List included PTSD Unspecified (14 December 2020), PTSD, Chronic (10 October 2019) and tinnitus bilateral (10 October 2019). A Mental Health Note, Psychology Functional Assessment, dated 25 October 2019, by a 


Psychology Fellow noted, “the Veteran reported a history of traumatic and stressful 
experiences stemming from military service and working as an EMT/paramedic and volunteer fire fighter, including putting 'dead, burned kids into body bags.'" She further indicated, "Veteran has a long history of 2 suicide attempts in 1987 (while in the military)…Veteran was placed in the combat stress unit for 3 weeks while serving in the military for PTSD symptoms.” 
6. 
It is the opinion of the ARBA psychologist that the applicant has a mitigating Behavioral Health condition, PTSD. As there is an association between PTSD and avoidant behavior, there is a nexus between applicant’s psychological symptoms associated with PTSD and his absences from military duties during his time in service. 

7. 
In addition, as there is an association between PTSD and resistant attitudes toward authority figures, there is a nexus between his PTSD diagnosis and apparent disrespectful behavior, including lackluster performance he demonstrated. 

8. 
Finally, as there is an association between PTSD and use of illicit drugs to self-medicate symptoms, there is a nexus between his diagnosis of PTSD and the pattern of substance abusing behavior he demonstrated. Chronological review of his military 


career indicates a dramatic change in the applicant’s motivation, temperament and level 
of instability occurred during and after his time in service. Such a radical change in behavior is consistent with the behavioral changes seen in soldiers who develop non-combat related PTSD in a military environment. 
BOARD DISCUSSION: 
The Board carefully considered the applicant's request, supporting documents, evidence in the records, and a medical review. The Board considered the applicant's statement, his record of service, and the frequency and nature of his misconduct, the Commander's reasons for the bar to reenlistment, his request for discharge and the reason for his separation. The Board considered the applicant's PTSD claim and the review and conclusions of the ARBA psychologist. The Board found insufficient evidence of in-service mitigating factors that would support a recommendation to set aside his reduction in rank as a result of nonjudicial punishment. Considering the totality of the reasons for the Bar to reenlistment, the Board further found insufficient evidence to support a recommendation to change his separation code or any related entries on his DD Form 214.  Based on a preponderance of evidence, the Board determined the rank he held at the time of discharge and his separation code were not in error or unjust.   
BOARD VOTE: 
Mbr 1 Mbr 2 Mbr 3 
: : : GRANT FULL RELIEF 
: : : GRANT PARTIAL RELIEF 
: : : GRANT FORMAL HEARING 
:XX :XX :XX 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. 

Expired certificate 
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, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 

2. 
Army Regulation 27-10 (Military Justice), chapter 3 (Nonjudical Punishment (NJP)), implements and amplifies Article 15, UCMJ, and Part 5, Manual for Courts-Martial. Chapter 3, Section V (Suspension, Vacation, Mitigation, Remission, and Setting Aside), states that setting aside and restoration is an action whereby the punishment or any part or amount, whether executed or unexecuted, is set aside and any rights, privileges, or property affected by the portion of the punishment set aside are restored.  NJP is "wholly set aside" when the commander who imposed the punishment, a successor-in-command, or a superior authority sets aside all punishment imposed upon an individual under UCMJ, Article 15.  In addition, the imposing commander or successor in command may set aside some or all of the findings in a particular case. 


a. 
If all findings are set aside, then the UCMJ, Article 15 itself is set aside and removed from the Soldier's records.  The basis for any set-aside action is a determination that, under all the circumstances of the case, the imposition of the UCMJ, Article 15 or punishment has resulted in a clear injustice. "Clear injustice" means that there exists an unwaived legal or factual error that clearly and affirmatively injured the substantial rights of the Soldier.  An example of clear injustice would be the discovery of new evidence unquestionably exculpating the Soldier. Clear injustice does not include the fact that the Soldier's performance of service has been exemplary subsequent to the punishment or that the punishment may have a future adverse effect on the retention or promotion potential of the Soldier. 

b. 
At the time mitigation was the reduction in either the quantity or quality of a punishment. The general nature of the punishment remains the same.  A reduction in rank/pay grade could be mitigated to forfeiture of pay.  Mitigation was appropriate when the recipient has subsequent good conduct, merited a reduction in the severity of the punishment or the punishment imposed was disproportionate to the offense or the offender. 

c. 
Remission is the action whereby any portion of the unexecuted punishment is cancelled. Remission is appropriate under the same circumstances as mitigation.  An unsuspended reduction is executed on imposition and thus cannot be remitted, but may be mitigated or set aside. 

d. 
The power to set aside an executed punishment and to mitigate a reduction in grade to a forfeiture of pay, absent unusual circumstances, will be exercised only within 4 months after the punishment has been executed. When the commander sets aside any portion of the punishment, the commander will record the basis for this action on DA Form 2627–2. When a commander sets aside any portion of the punishment after 4 months from the date punishment has been executed, a detailed addendum of the unusual circumstances found to exist will be attached to the form containing the set-aside action. When a commander or appropriate authority sets aside any portion of the punishment after 4 months from the date of punishment has been executed, a detailed addendum or the unusual circumstances found to exist will be attached to the form containing the set aside action. 


3. Army Regulation 635-200 in effect at the time, set policies, standards, and procedures insuring the readiness and competency of the force while providing for the orderly administrative separation of Soldiers. Readiness is promoted by maintaining high standards of conduct and performance. 
a. 
 Chapter 5 (Separation for the convenience of the Government) states a Soldier being separated for the convenience of the Government will be awarded a character of service of honorable, under honorable conditions or an entry level status.  Section II (Secretarial Authority) states the separation of Soldier for the convenience of the Government is the prerogative of the Secretary of the Army.  Normally separations of Soldiers under paragraph 5-3 is based on a determination that the Soldier’s separation is in the best interests of the Army. 

b. 
Paragraph 16-5 (Early separation of personnel denied reenlistment) provides for the discharge of Soldiers before their expiration of term of service (ETS) date when a Soldier receives a locally imposed a bar to reenlistment and perceives that they will be unable to overcome their bar to reenlistment. A Soldier may request discharge any time after the imposition and approval of a bar to reenlistment. Discharge must be accomplished no later than 6 months from the date of the request in spite of any existing service obligation which will not be fulfilled by such an early release date. Normally battalion commanders or the equivalent in the rank of lieutenant colonel or major, if on orders as an acting commander, may direct separation under the provisions of this paragraph.  An approved request for discharge under this paragraph is irrevocable.  The Soldier must include the following statement in their written request for discharge, "I understand that I am being separated before my normal ETS for my own convenience. I understand that recoupment of unearned portions of Enlistment Bonus (EB)/Selective Reenlistment Bonus (SRB) is required. I also understand that once separated I will not be permitted to reenlist at a later date." The service of a Soldier discharged per this paragraph will be characterized as honorable unless an entry level separation if required. 


4.  Army Regulation 635-5 (Separation Documents) in effect at the time prescribed policy and procedural guidance relating to transition management. The DD Form 214 is 
a summary of the Soldier’s most recent period of continuous active duty. It provides a 
brief, clear-cut record of all current active, prior action, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The DD Form 214 is not 
intended to have any legal effect on terminations of a Soldier’s service. When 
separation is ordered, the separation approval document must be present for transition processing including the DA Form 2-1, separation approval documents, separation orders and any other document authorized for filing in the personnel records. 
a. 
For Block 25 (Separation Authority) obtain the correct entry from the regulatory directives authorizing separation. 

b. 
For Block 26 (Separation Code) obtain the correct entry from Army Regulation 635-5-1, which provides the corresponding separation program designators (SPD) code for the regulatory authority and reason for separation. 

c. 
 For Block 28 (Narrative Reason for Separation) it is based on the regulatory or other authority and can be checked against the cross reference tables in Army Regulation 635-5-1. 


5.  Army Regulation 635-5-1 (Separation Program Designators (SPD)) prescribes the specific authorities (regulatory, statutory, and Department of Defense/Army policy) and reasons for the separation of Soldiers from active duty. Is prescribes when to enter an SPD codes on the DD Form 214.  SPD codes are three-character alphabetic combinations that identify reasons for separation.  The primary purpose of SPD codes is to provide statistical accounting of reasons for separation.  They are intended exclusively for the internal use of DOD and Military Services to assist in the collection and analysis of separation data.  SPD codes are not intended to stigmatize an individual in any manner. The regulation in effect at the time stated: 
. SPD code KFF was enlisted personnel states the narrative reason is "Secretarial authority" and the regulatory authority is Army Regulation 635-200, chapter 5, section II 
. SPD code KGF was for enlisted personnel who had a Headquarters, Department of the Army or locally imposed bar to reenlistment under the provisions of Army Regulation 635-200, paragraphs 16-5a or b 
//NOTHING FOLLOWS//