IN THE CASE OF: BOARD DATE: 25 February 2021 DOCKET NUMBER: AR20200001678 APPLICANT REQUESTS: The applicant requests reconsideration of his request to upgrade his uncharacterized discharge to an honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) * DD Form 149 (Application for Correction of Military Record) 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 AR20160012859 on 6 September 2018. 2. The applicant states shortly after beginning basic training the whole situation with Iraq and Kuwait began. Due in part to this and the threat of war, his sleepwalking and night terrors started acting up. His recruiter knew about it. Needless, he was discharged. He started the process of pursuing an upgrade three years ago, with the assistance of a Veterans Affairs Office. The person who was assisting him told him he was on active duty during wartime and he would be able to receive his educational benefits if he received an honorable discharge. 3. On 22 January 1991, the applicant enlisted in the Regular Army for a term of 5 years. 4. After completing basic training at Fort Knox, KY, the applicant was assigned to Fort Sam Houston, TX, for advanced individual training (AIT) in military occupational specialty (MOS) 71G (Patient Administration Specialist), but was disqualified for the MOS due to academic failure. On 6 May 1991, he was assigned to Fort Gordon, GA, for AIT in MOS 74C (Record Telecommunications Center Operator). 5. The applicant was counseled on three occasions during the period 19 May 1991 and 13 June 1991 for sleep walking, possessing a broken beer bottle, and communicating a threat while unaware. He was notified of separation proceedings. 6. On 10 June 1991, the applicant underwent a mental status evaluation. It shows at the time of the evaluation, the applicant's behavior was aggressive, he was fully alert, fully oriented, mood was depressed, his thinking process was clear, his thought content was normal and his memory was good. He had the mental capacity to understand and participate in the proceedings, was mentally responsible, and he met retention requirements of Army Regulation (AR) 40-501 (Medical Services – Standards of Medical Fitness). The psychiatrist cleared the applicant for any administrative action deemed appropriate by the command. He recommended that the applicant be processed for separation under AR 635-200, Chapter 11 because he would not adapt socially or emotionally to military life. 7. The applicant's immediate commander notified him that he was initiating separation actions against him under the provisions of AR 635-200 (Personnel Separations – Enlisted Personnel), Chapter 11 (Entry Level Performance and Conduct) for inability to adapt to military life. The applicant acknowledged he had been notified of the pending separation action against him and he had been advised of the bases for the contemplated action. He elected not to submit a statement in his own behalf. He indicated that he did not request a separation physical. 8. A commander?s third endorsement, subject: Proposed Separation Action [under provisions] Entry Level Status Performance and Conduct (Trainee Discharge Program), [Reference: Applicant], undated, states the applicant expressed a strong desire to be released from his military obligation. Soldier indicated he was having problems adjusting to the military and since his enlistment he had experienced several personal problems. His poor performance seemed to be directly related to his personal problems and his inability to adapt to the military. 9. On 18 June 1991, the separation authority approved the separation and directed the issuance of an entry level separation (uncharacterized). 10. On 21 June 1991, the applicant was discharged under AR 635-200, paragraph 11- 3a with the narrative reason entry-level status. He received an uncharacterized character of service. He completed 5 months of his 5-year contractual obligation. 11. On 6 September 2018, the ABCMR denied the applicant's petition for an upgrade of his discharge to honorable; determining the evidence presented did not demonstrate the existence of a probable error or injustice. The Board determined the overall merits of the case were insufficient as a basis for correction of his records. 12. 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. 13. In reaching its determination, the Board can consider the applicant's petition and his service record in light of the published DOD guidance on equity, injustice, or clemency. 14. Based on the applicant's reference to a medical condition being the basis of his request for an upgrade, the Army Review Boards Agency (ARBA) medical staff provided a medical review for the Board members. See the "MEDICAL REVIEW" section." MEDICAL REVIEW: 1. The applicant is applying to the ABCMR to upgrade his uncharacterized discharge to an honorable. The applicant states shortly after beginning basic training the whole situation with Iraq and Kuwait began. Due in part to this and the threat of war, his sleepwalking and night terrors started acting up. His recruiter knew about it. Needless, he was discharged. He started the process of pursuing an upgrade three years ago, with the assistance of the 2. Waukesha Veterans Affairs Office, WI. The person who was assisting him told him he was on active duty during wartime and he would be able to receive his educational benefits if he received an honorable discharge. On 21 June 1991, the applicant was discharged under AR 635-200, paragraph 11-3a with the narrative reason entry-level status. He received an uncharacterized character of service. He completed 5 months of his 5-year contractual obligation. 3. The ARBA Behavioral Health (BH) Advisor was asked to review this case. Documentation reviewed includes: * DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States) * DD Form 149 (Application for Correction of Military Record) 4. The applicant is stating currently that he was discharged for his sleepwalking and night terrors which increased due to the threat of war. There is no evidence in the medical record or the applicant’s submitted documents indicating any BH condition. 5. After reviewing the available information, the applicant does not demonstrate a mitigating factor for unsatisfactory performance. The decision of past Board’s denial of application for upgrade appears fair and equitable. There is insufficient evidence for a basis for correction to his records based on BH reasons. BOARD DISCUSSION: The Board carefully considered the applicant's request, supporting documents, evidence in the records, a medical review, and published Department of Defense guidance for liberal consideration of discharge upgrade requests. The Board considered the applicant's statement, his record of service, and the reason for his separation. The Board considered the applicant's behavioral health claim and the review and conclusions of the ARBA Behavioral Health Advisor. The Board found insufficient evidence of in-service mitigating factors and concurred with the conclusion of the medical advising official that there is insufficient evidence of a mitigating behavioral health condition. Based on a preponderance of evidence, the Board determined that the applicant's uncharacterized service was 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20160012859, dated 6 September 2018. 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, set forth the basic authority for the separation of enlisted personnel. a. An honorable discharge was a separation with honor and entitles the recipient to benefits provided by law. Issuance of an honorable discharge certificate was appropriate when the quality of the Soldier's service generally met the standards of acceptable conduct and performance of duty, or was otherwise so meritorious that any other characterization would clearly be inappropriate. b. Uncharacterized Separations: A separation was deemed entry-level status when commanders initiated the action while the Soldier was within the first 180 days of continuous active duty. Soldiers separated in an entry-level status were issued an uncharacterized character of service. On a case-by-case basis, and when clearly warranted due to unusual circumstances involving personal conduct or duty performance, the Secretary of the Army could grant a Soldier an honorable character of service. c. Chapter 11 (Entry Level Status Performance and Conduct) provided for the separation of personnel due to unsatisfactory performance or conduct, or both, while in an entry-level status (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. This provision applied to individuals who could not meet the minimum standards prescribed for successful completion of training and 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 2. 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// ABCMR Record of Proceedings (cont) AR20200001678 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20200001678 6 ABCMR Record of Proceedings (cont) AR20200001678 5