IN THE CASE OF: BOARD DATE: 25 February 2020 DOCKET NUMBER: AR20210008923 APPLICANT REQUESTS: * in effect, a change in the narrative reason for his separation to reflect medical disability * an upgrade of his uncharacterized discharge to 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) * Four Department of Veterans Affairs (VA) Decisions/Letters * VA Medical Records (160 pages) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, 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 he is requesting a change in the reason for his separation to reflect service connected disability and an honorable discharge or medical discharge. During his time in basic training he overdosed on pills due to being mistreated by his drill sergeants for being overweight. He was sent to the hospitable to recover and returned to his unit. He was locked in a room for 3 days by those same drill sergeants with no food, no water, and no light as a result of him being overweight. He cried the whole time until someone from Charlie Company overhead him and opened the door. He told them he was going to kill himself if he had to stay in that room any longer. They immediately took him back to the hospital and he remained there until he was discharged. While at the hospital he was diagnosed with adjustment disorder with mixed mood depression. He is currently 100% service connected by the VA for post-traumatic stress disorder with alcohol abuse. He is also rated at 10% for gastroesophageal reflux disease (GERD) and a 0% rating for eating disorder secondary to his PTSD with alcohol abuse. His current discharge reflects uncharacterized and that he failed medical procurement standards, but he believes he did not. If the incident had never happened he would have continued to service his country honorably and received an honorable discharge. 3. The applicant provides: a. His DD Form 214 for his active service period from 5 January 2015 to 4 February 2015. b. Four VA decisions/letters: * 12 November 2020 – evaluation of post-traumatic stress disorder with alcohol use disorder, moderate, at 50% disability was increased to 100% effective 28 May 2020; entitlement to unemployability granted effective 28 May 2020 * 13 November 2020 – summary of benefits shows a combined service connected evaluation of 100% being paid at the 100% because of unemployability due to his service connected disabilities * 12 April 2021 – eligibility to loan guaranty benefit was granted * 13 April 2021 – Certificate of Eligibility provided to applicant c. His VA medical records (160 pages) for treatment received from 13 October 2020 through 13 April 2021. 4. A review of the applicant’s service record shows: a. He enlisted in the U.S. Army Reserve (USAR) on 19 December 2014. His DD Form 214 shows he entered active duty on 5 January 2015. b. The applicant underwent a medical evaluation for the purpose of enlistment which indicated he had no significant medical issues with the exception of marking “yes” to generally in good health. The physician noted he had no chronic or acute problems. * DD Form 2807-1 (Report of Medical History) dated 14 June 2011 * DD Form 2807-2 (Medical Prescreen of Medical History Report) * DD Form 2808 (Report of Medical Examination) dated 14 June 2011 c. The applicant’s service record is void of the facts and circumstances surrounding his discharge. d. Orders 035-2201, dated 4 February 2015, discharged the applicant from active duty and the USAR with an effective date of 4 February 2015. e. On 4 February 2015, he was discharged from active duty with an uncharacterized characterization of service. His DD Form 214 shows he completed 1 month of active service. He was assigned separation code JFW and the narrative reason for separation listed as “failed medical/physical/procurement standards.” 5. The applicant's service record is void of documentation that shows he was treated for an injury or an illness that warranted his entry into the Physical Disability Evaluation System (PDES). Additionally, there is no indication he underwent a medical evaluation board (MEB) or a physical evaluation board (PEB). 6. There is no evidence the applicant has applied to the Army Discharge Review Board for review of her discharge within that board's 15-year statute of limitations. 7. By regulation (AR 635-200), Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entry on active duty (AD) or active duty training (ADT) for initial entry training may be separated. Such findings will result in an entrance physical standards board which must be convened with the Soldier’s first 6 months of AD. 8. By regulation (AR 635-8), 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 release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. Block 28 (Narrative Reason for Separation) is based on regulatory or other authority and can checked against the cross reference in AR 635-5-1 (Separation Program Designator (SPD) Codes). 9. By regulation (AR 635-5-1), separation program designator (SPD) codes are three- character alphabetic combinations that identify reasons for, and types of, separation from active duty. The narrative reason for the separation will be entered in block 28 of the DD Form 214 exactly as listed in tables 2-2 and 2-3. Table 2-3 lists for SPD code “JFW” the narrative reason as “Failed Medical/Physical Procurement Standards,” by regulatory authority AR 635-200. 10. By regulation (AR 40-501), medical evaluation of certain enlisted military occupational specialties and officer duty assignments in terms of medical conditions and physical defects are causes for rejection or medical unfitness for these specialized duties. If the profile is permanent the profiling officer must assess if the Soldier meets retention standards. Those Soldiers on active duty who do not meet retention standards must be referred to a medical evaluation board. Once a determination of physical unfitness is made, disabilities are rated using the VA schedule of disability rating. 11. By regulation (AR 635-40), the mere presence of a medical impairment does not in and of itself justify a finding of unfitness. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier may reasonably be expected to perform because of his or her office, grade, rank, or rating. Paragraph 3-4 states Soldiers who sustain or aggravate physically- unfitting disabilities must meet the following line-of-duty criteria to be eligible to receive retirement and severance pay benefits: a. The disability must have been incurred or aggravated while the Soldier was entitled to basic pay or as the proximate cause of performing active duty or inactive duty training. b. The disability must not have resulted from the Soldier's intentional misconduct or willful neglect and must not have been incurred during a period of unauthorized absence. 12. The Army rates only conditions determined to be physically unfitting at the time of discharge, which disqualify the Soldier from further military service. The Army disability rating is to compensate the individual for the loss of a military career. The VA does not have authority or responsibility for determining physical fitness for military service. The VA may compensate the individual for loss of civilian employability. 13. Title 38, United States Code, Sections 1110 and 1131, permit the VA to award compensation for disabilities which were incurred in or aggravated by active military service. However, an award of a VA rating does not establish an error or injustice on the part of the Army. 14. Title 38, Code of Federal Regulations, Part IV is the VA’s schedule for rating disabilities. The VA awards disability ratings to Veterans for service-connected conditions, including those conditions detected after discharge. As a result, the VA, operating under different policies, may award a disability rating where the Army did not find the member to be unfit to perform his/her duties. Unlike the Army, the VA can evaluate a Veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings. 15. MEDICAL REVIEW: The applicant is applying to the Army Board for Correction of Military Records (ABCMR) for change in the narrative reason for his separation to reflect medical disability and an upgrade of his uncharacterized discharge to honorable. a. The applicant states he is requesting a change in the reason for his separation to reflect service connected disability and an honorable discharge or medical discharge. During his time in basic training he overdosed on pills due to being mistreated by his drill sergeants for being overweight. He was sent to the hospitable to recover and returned to his unit. He was locked in a room for 3 days by those same drill sergeants with no food, no water, and no light as a result of him being overweight. He cried the whole time until someone from Charlie Company overhead him and opened the door. He told them he was going to kill himself if he had to stay in that room any longer. They immediately took him back to the hospital and he remained there until he was discharged. While at the hospital he was diagnosed with adjustment disorder with mixed mood depression. He is currently 100% service connected by the VA for post-traumatic stress disorder with alcohol abuse. He is also rated at 10% for gastroesophageal reflux disease (GERD) and a 0% rating for eating disorder secondary to his PTSD with alcohol abuse. His current discharge reflects uncharacterized and that he failed medical procurement standards, but he believes he did not. If the incident had never happened he would have continued to service his country honorably and received an honorable discharge. b. The ABCMR Behavioral Health (BH) Advisor was asked to review this case. Documentation reviewed includes: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Four Department of Veterans Affairs (VA) Decisions/Letters * VA Medical Records (160 pages) c. VA electronic medical record, Joint Legacy Viewer (JLV) was reviewed. d. A review of the Armed Forces Health Longitudinal Technology Application (AHLTA) & Health Artifacts Image Management Solutions (HAIMS) were reviewed. e. The ABCMR Record of Proceedings details the applicant’s military service and the circumstances of the case. The ROP indicates that the applicant entered military service on 5 January 2015 and was discharged on 4 February 2015 with an uncharacterized characterization of service. His DD Form 214 shows he completed 1 month of active service. He was assigned separation code JFW and the narrative reason for separation listed as “failed medical/physical/procurement standards.” f. The applicant underwent a medical evaluation for the purpose of enlistment which indicated he had no significant medical issues with the exception of marking “yes” to generally in good health. The physician noted he had no chronic or acute problems. • DD Form 2807-1 (Report of Medical History) dated 14 June 2011 • DD Form 2807-2 (Medical Prescreen of Medical History Report) • DD Form 2808 (Report of Medical Examination) dated 14 June 2011 g. The applicant’s service record is void of the facts and circumstances surrounding his discharge. h. Orders 035-2201, dated 4 February 2015, discharged the applicant from active duty and the USAR with an effective date of 4 February 2015. i. The applicant's service record is void of documentation that shows he was treated for an injury or an illness that warranted his entry into the Physical Disability Evaluation System (PDES). Additionally, there is no indication he underwent a medical evaluation board (MEB) or a physical evaluation board (PEB). j. AHLTA contains BH diagnoses of Adjustment Disorder. JLV contains additional BH diagnoses of Alcohol Abuse, and Major Depressive Disorder. The applicant is 100% service connected for PTSD (0% for Anorexia Nervosa). k. A BH encounter dated 15 JAN 2015 notes: Factors related to onset of problem: Soldier reported that his wife who is also in basic training, left him. Soldier also stated that he was afraid of the DS. Soldier reported that he was abused as a child and the DS brings back memories of when he was abused by his father. Soldier also reported that he wants to go home so he can try to make things work with his wife by phone calls and letters. Description of symptoms: Soldier reported that he feels sad, scared and nervous. Last night, Soldier reportedly made two gestures to harm himself. This was also confirmed with the 1st SGT. Soldier reported that he made a gesture to stab himself in the neck with a pen and then tried to stab himself with his glasses. Functional impact: Soldier is not able to train properly. Adjustment Interventions: Soldier will go to specialty behavioral health. l. Applicant seen in the ER on 16 JAN 2015 after a suicide attempt and was placed on an inpatient psychiatric unit after taking 24 Naproxin. m. He was discharged from BH inpatient unit on 29 DEC 2015 and was seen in the ER again on 31 DEC/1 FEB 2015 for suicidal ideation and was re-hospitalized again. The encounter indicates that the applicant is pending a Chapter 5-11 discharge. n. BH encounters indicate the applicant was physically abused by his father. o. His BH diagnosis throughout all his BH encounter was Adjustment Disorder. He was never diagnosed with PTSD or any other BH disorder while on active duty. There are no records that indicated he had a disorder that warranted disposition through medical channels. p. A DBQ dated 24 AUG 2018 concludes that the applicant’s BH issues stem from childhood and are EPTS. The evaluator notes: The following information supports the opinion that the veteran's depression symptoms is a pre-existed service. First, the veteran's history reveals the existence of multiple factors that are commonly present with individuals that are diagnosed with depression: 1) he suffered multiple instances physical abuse as a child, 2) his father suffered from alcoholism, 3) the veteran's interview reveals an ongoing pattern of emotional neglect and abuse from his parents, 4) his half - siblings were emotional abusive and isolating of within the family (leading to the veteran having virtually no available support and guidance as a child), 5) his father is reported to have anger management issues, another factor that is predictive of emotional issues for the veteran. Second, in interviewing the veteran, he tended to minimize his emotional issues (leading to his statement that he did not "suffer from depression / anxiety while growing up"). The veteran revealed experiencing sadness, discouragement and down mood during his growing up, with it affecting his mood (he reported experiencing sadness during his teen years), a sense of hopelessness, low self - esteem, feelings of guilt, a sense that his life was grim and without much hope for his future, troubles concentrating, and being self - critical. These are all consistent with depression symptoms. It should be noted that these depression symptoms are relatively minimal and subclinical, there was no formal diagnosis made and therefore the veteran was presumed sound upon entrance to service. q. This evaluator also changed his diagnosis from Major Depression to Adjustment Disorder. r. Future DBQ’s noted that they changed the diagnosis back to Major Depression and then to PTSD but stated that each new diagnosis was a natural progression of the previous one. s. Based on available evidence and records the applicant met the criteria for a Chapter 5-11. It is documented that the applicant was not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entry on AD or ADT for initial entry training, may be separated. Such conditions must be discovered during the first 6 months of AD. t. An uncharacterized discharge is given to individuals who separate prior to completing 180 days of military service, or when the discharge action was initiated prior to 180 days of service. This type of discharge does not attempt to characterize service as good or bad. u. His BH diagnosis throughout all his BH encounter was Adjustment Disorder. He was never diagnosed with PTSD or any other BH disorder while on active duty. There are no records that indicated he had a disorder that warranted disposition through medical channels. v. With regards to military medical disability/retirement, the Army has a process that begins with entry into the disability evaluation system (DES). Referral to this system requires a designation of unfitness before an individual can be separated from the military because of an injury or medical condition. In the applicant’s case, there is no indication that the applicant had an unfitting behavioral health condition while on active duty as evidenced by the lack of : 1) a permanent physical profile psychological impairment; 2) a diagnosis of behavioral health condition that failed medical retention standards; 3) a diagnosis of a disabling behavioral health condition that rendered the applicant unable to perform the duties required of his MOS or military grade; 4) a medical examination that warranted his entry into the disability evaluation system. w. It is important to realize that a diagnosis of a mental condition post-service and the subsequent award of a VA rating does not establish entitlement to medical retirement or separation from the Army. Operating under its own policies and regulations, the VA, which has neither the authority nor the responsibility for determining medical unfitness for military duty, awards ratings because a medical condition is related to service and affects the individual’s civilian employability. The VA evaluates a member throughout his lifetime, adjusting the percentage of disability based on that agency’s examinations and findings. x. In conclusion, after considering all the available medical documentation, it is the opinion of the Agency psychologist that there is insufficient evidence to warrant a referral of the applicant’s record to IDES (Integrated Disability Evaluation System) for consideration of military medical disability/retirement. y. Kurta Questions. (1) Does any evidence state that the applicant had a condition or experience that may excuse or mitigate a discharge? (a) No. The applicant’s BH issues were determined t be EPTS. (2) Did the condition exist or experience occur during military service? (a) N/A (3) Does the condition or experience actually excuse or mitigate the discharge? (a) N/A BOARD DISCUSSION: 1. The Board carefully considered the applicants request, supporting documents, evidence in the records, and regulatory guidance. The Board considered the applicant's statement, the medical records, and the review and conclusions of the medical reviewing official. Based upon a preponderance of the evidence, the Board concurred with the medical reviewer’s finding of insufficient evidence the contested medical conditions failed to meet retention standards during his period of service. Therefore, the Board determined referral to DES for consideration of a medical separation is not warranted. 2. The governing regulation provides that a separation will be described as an entry- level separation, with service uncharacterized, if the separation action is initiated while a Soldier is in entry-level status. As such, his DD Form 214 properly shows his service as uncharacterized. 3. An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service. It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. As a result, there is no basis for granting the applicant's request. 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. 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 635-200 (Active Duty Enlisted Administrative Separations), in effect at the time, sets forth the basic authority 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 3-9 (Uncharacterized Discharge) states a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status. c. Chapter 5-11 of the regulation states Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entry on active duty (AD) or active duty training (ADT) for initial entry training may be separated. Such findings will result in an entrance physical standards board which must be convened with the Soldier’s first 6 months of AD. Unless the reason for separation requires a specific characterization, a soldier being separated for the convenience of the Government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. 3. Army Regulation 635-8 (Separation Processing and Documents), in effect at the time, states 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 release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. Block 28 (Narrative Reason for Separation) is based on regulatory or other authority and can checked against the cross reference in AR 635-5-1 (Separation Program Designator (SPD) Codes). 4. Army Regulation 635-5-1 (Separation Program Designator Codes), in effect at the time, provides separation program designator (SPD) codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty. The narrative reason for the separation will be entered in block 28 of the DD Form 214 exactly as listed in Tables 2-2 and 2-3. Table 2-3 lists for SPD code “JFW” the narrative reason as “Failed Medical/Physical Procurement Standards,” by regulatory authority AR 635-200. 5. Title 10, U.S. Code, chapter 61, provides the Secretaries of the Military Departments with authority to retire or discharge a member if they find the member unfit to perform military duties because of physical disability. The U.S. Army Physical Disability Agency is responsible for administering the Army physical disability evaluation system and executes Secretary of the Army decision-making authority as directed by Congress in chapter 61 and in accordance with DOD Directive 1332.18 and Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation). a. Soldiers are referred to the disability system when they no longer meet medical retention standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 3, as evidenced in an MEB; when they receive a permanent medical profile rating of 3 or 4 in any factor and are referred by an MOS Medical Retention Board; and/or they are command-referred for a fitness-for-duty medical examination. b. The disability evaluation assessment process involves two distinct stages: the MEB and PEB. The purpose of the MEB is to determine whether the service member's injury or illness is severe enough to compromise his/her ability to return to full duty based on the job specialty designation of the branch of service. A PEB is an administrative body possessing the authority to determine whether or not a service member is fit for duty. A designation of "unfit for duty" is required before an individual can be separated from the military because of an injury or medical condition. Service members who are determined to be unfit for duty due to disability either are separated from the military or are permanently retired, depending on the severity of the disability and length of military service. Individuals who are "separated" receive a one-time severance payment, while veterans who retire based upon disability receive monthly military retired pay and have access to all other benefits afforded to military retirees. c. The mere presence of a medical impairment does not in and of itself justify a finding of unfitness. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier may reasonably be expected to perform because of his or her office, grade, rank, or rating. Reasonable performance of the preponderance of duties will invariably result in a finding of fitness for continued duty. A Soldier is physically unfit when a medical impairment prevents reasonable performance of the duties required of the Soldier's office, grade, rank, or rating. 6. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Disability Evaluation System and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his office, grade, rank, or rating. Only the unfitting conditions or defects and those which contribute to unfitness will be considered in arriving at the rated degree of incapacity warranting retirement or separation for disability. a. Paragraph 3-2 states disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to Soldiers whose service is interrupted and who can no longer continue to reasonably perform because of a physical disability incurred or aggravated in military service. b. Paragraph 3-4 states Soldiers who sustain or aggravate physically-unfitting disabilities must meet the following line-of-duty criteria to be eligible to receive retirement and severance pay benefits: (1) The disability must have been incurred or aggravated while the Soldier was entitled to basic pay or as the proximate cause of performing active duty or inactive duty training. (2) The disability must not have resulted from the Soldier's intentional misconduct or willful neglect and must not have been incurred during a period of unauthorized absence. 7. Army Regulation 40-501 (Standards of Medical Fitness) governs medical fitness standards for enlistment, induction, appointment (including officer procurement programs), retention, and separation (including retirement). The Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) is used by the Army and the VA as part of the process of adjudicating disability claims. It is a guide for evaluating the severity of disabilities resulting from all types of diseases and injuries encountered as a result of or incident to military service. This degree of severity is expressed as a percentage rating which determines the amount of monthly compensation. 8. Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rating of at least 30 percent. Title 10, U.S. Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rating of less than 30 percent. 9. Title 38 U.S. Code, section 1110 (General - Basic Entitlement), states for disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, or air service, during a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veteran's own willful misconduct or abuse of alcohol or drugs. 10. Title 38 U.S. Code, section 1131 (Peacetime Disability Compensation - Basic Entitlement) states for disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, or air service, during other than a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veteran's own willful misconduct or abuse of alcohol or drugs. 11. 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, traumatic brain injury, sexual assault, or sexual harassment. Boards are to give liberal consideration to Veterans petitioning for discharge relief when the application for relief is based, in whole or in part, on 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 misconduct that led to the discharge. 12. 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. //NOTHING FOLLOWS//