ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 
Record of Proceedings 
IN THE CASE OF:    BOARD DATE: 24 August 2021 DOCKET NUMBER:  AR20210006138 
APPLICANT REQUESTS: The applicant requests, in effect, to change his separation date this period from 25 April 2018 to 6 November 2020. 
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) 


FACTS: 
1. 
The applicant states, in effect, his date of discharge should be changed to 6 November 2020. The date of discharge should be based on his expiration term of service date.  The discharge is not appropriate.  Chapter 5-17a discharge packet was previously used under chapter 5-13 (5-17b). He further states his DD Form 214 is not signed, and he also references Army Regulation (AR) 600-20 (Army Command Policy), bullying. 

2. 
On 16 May 2017, in connection with his enlistment in the Regular Army for a period of 3 years and 25 weeks, the applicant completed and signed a Record of Military 


Processing, and indicated he was an “immigrant alien”.  He also provided his alien 
registration number. The applicant was a college graduate (bachelor degree) and entered active duty in the rank and pay grade of specialist/E-4.  A medical and moral waiver were approved prior to his enlistment in the U.S. Army. 
3. His record shows an extensive record of counseling for indiscipline. The applicant’s 
chain of command counseled him for: 
• 
being disrespectful in language and deportment towards a noncommissioned officer (NCO) 

• 
disobeying a lawful order from an NCO and a senior NCO on multiple occasions 

• 
assaulting private BC, by pushing him with his hands 

• 
disobeying a lawful order from major H 

• 
disobeying a lawful order from captain B 

• 
disobeying a lawful order from first sergeant L 

• 
violating Article 86 (failing to go to his appointed place of duty at the time prescribed), of the Uniform Code of Military Justice (UCMJ) on eight (8) separate occasions 


4. On 12 February 2018, a Report of Mental Status Evaluation for chapter 5-13/5-17 administrative separation shows the applicant: 
. 
met the criteria for a chapter 5-13; he met medical retention standards 

. 
was diagnosed with an unspecified personality disorder, OCPD (obsessive­compulsive personality disorder) traits; no follow-up needed 

. 
could understand and participate in administrative proceedings and appreciate the difference between right and wrong 

. 
was not fit for duty in the Army and it was recommended that a chapter 5-13 be initiated 

. 
was deemed cleared for any administrative or judicial actions deemed appropriate by his chain of command 

. 
was responsible for his behavior, could distinguish wrong from wrong, and possessed sufficient mental capacity to understand and participate in any administrative or judicial proceedings 


5. 
On 16 March 2018, a Law Enforcement Report shows the applicant was the subject of investigation for assaulting another Soldier. 

6. 
On 3 April 2018, the commander notified applicant that he was initiating action to separate him under the provisions of AR 635-200 (Active Duty Enlisted Administrative Separations) chapter 5-13, for personality disorder. The commander’s reasons for the proposed action were: The commander, in consultation with the behavioral health provider, had determined that the applicant was unfit for duty in the Army, and based on his multiple counseling for indiscipline. The commander recommended the applicant’s service be characterized as general, under honorable conditions and informed the applicant of his rights. 


a. 
Counsel advised the applicant of the basis for his contemplated separation and its effects, the rights available to him and the right to waive his rights. The applicant elected to submit statements in his own behalf.  The statements are unavailable. 

b. 
His unit commander formally recommended him for separation actions and stated in pertinent part, the applicant had shown a pattern of misconduct and had difficulties maintaining standards and good order. The applicant did not have the characteristics desired or required of a Soldier. 

c. 
On 17 April 2018, the separation authority (Brigade Commander) approved the recommendation for separation, under the provisions of AR 635-200, chapter 5-13, because of personality disorder.  He directed the applicant be separated from the Army prior to the expiration of current term of service and his service be characterized as general, under honorable conditions. 


7. 
On 18 April 2018, Headquarters, U.S. Army Garrison, Fort Drum, New York, issued Orders 108-1024 discharging the applicant on 16 May 2018. The applicant’s Orders were amended to show his date of discharge as 25 April 2018. 

8. 
On or about 20 April 2018, the applicant received non-judicial punishment, under the provisions of Article 15 of the Uniform Code of Military Justice for willfully disobeying a lawful order and disrespecting a noncommissioned officer. The applicant’s punishment consisted of reduction to private (E-1). He indicated he would appeal and submit additional matters.  His appeal and additional matters are not available. 

9. 
The applicant’s voided DD Form 214 shows he was discharged on 25 April 2018, with an “under honorable conditions (general)” character of service, in accordance with the provisions of AR 635-200, paragraph 5-13, for a personality disorder. He completed 11 months and 10 days of net active service this period and was discharged in the rank and pay grade of private (E-1). Item 21a (member signature) of the voided DD Form 214 shows the applicant “refused to sign”. 

10. 
On or about 16 October 2018, the applicant submitted an application to the Army Discharge Review Board (ADRB) requesting an upgrade of his discharge.  On 28 August 2019, the ADRB determined the discharge was inequitable based on the applicant’s circumstances surrounding the discharge (i.e. in-service diagnosis of other behavioral health condition).  Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 5-17, and the narrative reason for separation to 


“condition, not a disability”, with a corresponding separation code of JFV. 
11. On 7 November 2019, in accordance with the ADRB Proceedings AR20180016660 on 5 September 2019, the applicant was issued an Honorable Discharge Certificate and another DD Form 214 for the period ending 25 April 2018, that shows: 
. 
his character of service was upgraded to “honorable” 

. 
the separation authority was changed to “AR 635-200, paragraph 5-17” 

. 
the narrative reason for separation was changed to “condition, not a disability” 

. 
in block 21a (member signature) the applicant was “not available to sign” 


12. The applicant’s contentions were carefully reviewed and considered. Nevertheless, the evidence of record shows the appropriate separation authority considered all matters and directed the applicant be separated from the Army under the provisions of chapter 5-13, AR 635-200, by reason of a diagnosed personality disorder with a general, under honorable conditions discharge, prior to his expiration of current term of service.  However, the ADRB in accordance with law (Title 10, U.S. Code section 1552) and regulations, determined the discharge was inequitable based on the applicant’s circumstances surrounding the discharge.  The ADRB corrected the applicant’s record 
by upgrading his character of service to honorable, changing the separation authority to AR 635-200, paragraph 5-17, and changing the narrative reason for separation to 
“condition, not a disability” with a corresponding separation code of JFV.  Furthermore, 
AR 635-8, paragraph 5-6, provides that, when a Soldier is not available (separated in absentia), enter “SOLDIER NOT AVAILABLE TO SIGN.” When Soldier refuses to sign, enter “SOLDIER REFUSED TO SIGN.” Additionally, the applicant referenced bullying, nonetheless, he provided no contentions in regards to bullying. 
13. 
Title 10, U.S. Code, section 1552, provides that the Secretary of a Military Department may correct any military record of the Secretary's Department when the Secretary considers it necessary to correct an error or remove an injustice. The Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR) and the ADRB, has the discretion to correct an Army record when it is necessary to correct an error or remove an injustice. 

14. 
AR 635-200, sets forth the basic authority for the separation of enlisted personnel. 


a. 
Paragraph 4–2 (Discharge or release from active duty upon termination of enlistment and other periods of active duty or active duty for training), contains guidance in paragraph 4-2b that states, aliens who enlisted in the Regular Army for 3 years will not be separated before the full period for which enlisted purely as a matter of convenience. The exception is provided in paragraph 5–2. If performance or conduct does not justify retention, the Soldier will be processed for separation under the appropriate chapter of this regulation. 

b. 
Chapter 5 (Separation for Convenience of the Government), paragraph 5-2 (Scope), provides that this chapter, together with chapters 6, 8, and 19, contains policies and procedures for voluntary and involuntary separation for the convenience of the Government. 

c. 
Paragraph 5-13 provides that a Soldier with less than 24 months of active duty service, as of the date separation proceedings are initiated, may be separated for personality disorder, not amounting to disability under the provisions of AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), when the disorder is so severe that it interferes with assignment to or performance of duty.  The diagnosis of personality disorder must have been established by a psychiatrist or doctoral-level clinical psychologist with necessary and appropriate professional credentials. The 


service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required under chapter 3, section II. 
d. Paragraph 5-17 states that commanders who are special court-martial-convening authorities may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to or performance of duty.  Members separated under this provision of the regulation will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. 
15. AR 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system. 
a. Chapter 5 (Preparing Separation Documents), paragraph 5–1, provides for when to prepare the DD Form 214.  In pertinent part, 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 active, and prior inactive duty service at the time of discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service. Except as provided in paragraph 5–2, a DD Form 214 will be prepared for Regular Army Soldiers on termination of active duty because of administrative separation (including separation because of retirement or ETS), physical disability separation, or punitive discharge resulting from a court-martial. 
b. Paragraph 5–6 (Rules for completing the DD Form 214), provides detailed instructions for data required in each block of the DD Form 214. Block 21 (Signature of Member Being Separated), provides that a signature indicates a Soldier has reviewed the DD Form 214 and accepts the information as being correct to the best of his or her knowledge. Digital signature is the authorized signature method for the Regular Army. When a Soldier is not available (separated in absentia), enter “SOLDIER NOT AVAILABLE TO SIGN.” When Soldier refuses to sign, enter “SOLDIER REFUSED TO SIGN.” When a Soldier is physically unable to digitally sign, enter “UNABLE TO DIGITALLY SIGN.” 
16. 
AR 600-20 (Army Command Policy) prescribes the policies and responsibilities of command, paragraph 4–19 (Treatment of Persons), in pertinent part, provides that bullying is any conduct whereby a Service-member or members, regardless of service, rank, or position, intends to exclude or reject another Service-member through cruel, abusive, humiliating, oppressive, demeaning, or harmful behavior, which results in diminishing the other Service-member’s dignity, position, or status. Absent outside intervention, bullying will typically continue without any identifiable end-point. Bullying may include an abuse of authority. Bullying tactics include, but are not limited to, making threats, spreading rumors, social isolation, and attacking someone physically, verbally, or through the use of electronic media. 

17. 
In reaching its determination, the Board can consider the applicant's petition, service record, and statements in light of the published guidance on equity, injustice, or clemency. 


BOARD DISCUSSION: 
After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted.  The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered. Evidence of record shows the applicant separated on the date shown on the DD Form 
214. His contention the DD Form 214 should show his ETS date as the date of separation has no merit. Based upon a preponderance of the evidence, the Board determined there was no error or injustice in this case. 
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. 

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, U.S. Code, section 1552, provides that the Secretary of a Military Department may correct any military record of the Secretary's Department when the Secretary considers it necessary to correct an error or remove an injustice. 

2. 
AR 635-200 (Active Duty Enlisted Administrative Separations), sets forth the basic authority for the separation of enlisted personnel. 


a. 
Paragraph 4–2 (Discharge or release from active duty upon termination of enlistment and other periods of active duty or active duty for training), contains guidance in paragraph 4-2b that states, aliens who enlisted in the Regular Army for 3 years will not be separated before the full period for which enlisted purely as a matter of convenience. The exception is provided in paragraph 5–2. If performance or conduct does not justify retention, the Soldier will be processed for separation under the appropriate chapter of this regulation. 

b. 
Chapter 5 (Separation for Convenience of the Government), paragraph 5-2 (Scope), provides that this chapter, together with chapters 6, 8, and 19, contains policies and procedures for voluntary and involuntary separation for the convenience of the Government. 

c. 
Paragraph 5-13 provides that a Soldier with less than 24 months of active duty service, as of the date separation proceedings are initiated, may be separated for personality disorder, not amounting to disability under the provisions of AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation), when the disorder is so severe that it interferes with assignment to or performance of duty.  The diagnosis of personality disorder must have been established by a psychiatrist or doctoral-level clinical psychologist with necessary and appropriate professional credentials. The service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required under chapter 3, section II. 

d. 
Paragraph 5-17 states that commanders who are special court-martial-convening authorities may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to or performance of duty.  Members separated under this provision of the regulation will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. 


3. AR 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system. 
a. Chapter 5 (Preparing Separation Documents), paragraph 5–1, provides for when to prepare the DD Form 214.  In pertinent part, 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 active, and prior inactive duty service at the time of discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service. Except as provided in paragraph 5–2, a DD Form 214 will be prepared for Regular Army Soldiers on termination of active duty because of administrative separation (including separation because of retirement or ETS), physical disability separation, or punitive discharge resulting from a court-martial. 
b. Paragraph 5–6 (Rules for completing the DD Form 214), provides detailed instructions for data required in each block of the DD Form 214.  Block 21 (Signature of Member Being Separated), provides that a signature indicates a Soldier has reviewed the DD Form 214 and accepts the information as being correct to the best of his or her knowledge.  Digital signature is the authorized signature method for the Regular Army. When a Soldier is not available (separated in absentia), enter “SOLDIER NOT AVAILABLE TO SIGN.” When Soldier refuses to sign, enter “SOLDIER REFUSED TO SIGN.” When a Soldier is physically unable to digitally sign, enter “UNABLE TO DIGITALLY SIGN.” 
4. 
AR 600-20 (Army Command Policy) prescribes the policies and responsibilities of command, paragraph 4–19 (Treatment of Persons), in pertinent part, provides that bullying is any conduct whereby a Service-member or members, regardless of service, rank, or position, intends to exclude or reject another Service-member through cruel, abusive, humiliating, oppressive, demeaning, or harmful behavior, which results in diminishing the other Service-member’s dignity, position, or status. Absent outside intervention, bullying will typically continue without any identifiable end-point. Bullying may include an abuse of authority. Bullying tactics include, but are not limited to, making threats, spreading rumors, social isolation, and attacking someone physically, verbally, or through the use of electronic media. 

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. 


a. 
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. 

b. 
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 on the basis of 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. 
//NOTHING FOLLOWS//