IN THE CASE OF:  

BOARD DATE:  8 March 2022

DOCKET NUMBER:  AR20210012815


APPLICANT REQUESTS:  

*	his under honorable conditions (general) service characterization be upgraded to 
honorable
*	the narrative reason for his separation be changed to show it was due to a 
medical condition rather than a pattern of misconduct

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) in lieu of a DD Form 149 (Application for 
Correction of Military Records)
*	A self-authored statement
*	Member copies 1 and 4 of his DD Form 214 (Certificate of Release or Discharge 
from Active Duty), for the period ending 14 July 2020
*	A character reference letter from his mother, dated 23 February 2021
*	A character reference letter from his father, dated 22 March 2021
*	Extract from a Department of Veterans Affairs (DVA) Rating Decision, dated 
4 February 2021
*	DVA Progress Notes for the period of August through November 2020

FACTS:

1.  The applicant states:

     a.  When he initially joined the Army in May of 2019, he was excited to travel, make 
friends, and serve his country.  His hope for that joy was lost immediately when he 
arrived at his permanent duty station in October 2019.  Throughout his time in the 
military a lot of things transpired that took a toll on his mental health.  The treatment that 
he received from his supervisor made him feel so bad about himself that he began to 
consider taking his own life.  His supervisor would always make comments like "it won't 
be long before you get sent back to the streets" or "go back to and play basketball and 
marry a Kardashian."  Other noncommissioned officers (NCOs) would laugh at these 
comments which made him feel powerless and think no one would stick up for him.  He 
would dread mornings going to work because of things like this.  

     b.  When he first arrived, instead of teaching him his job his supervisor made him 
shred papers for months claiming "everyone in supply starts from the bottom."  When a 
new female supply clerk arrived, he trained her right away.  This really frustrated the 
applicant because the supervisor constantly refused to train him and he had been there 
for months.  Officers would walk in and question why the applicant was always 
shredding papers and the supervisor would state it was because he was an inadequate 
Soldier.  

     c.  Dealing with this on a daily basis eventually made him go into a deep depression.  
He also developed bad smoking and drinking habits.  While he was in the Army, he 
developed symptoms such as social anxiety, suicidal thoughts, depression, chest pains, 
migraine headaches, insomnia, and hearing voices in his head.  The DVA diagnosed 
him with schizophrenia.  There would be many times when he would have nightmares 
pertaining to work, wake up and find it very difficult to go back to sleep.  He would fall 
asleep at 8:00 pm, wake up around 12:00 am, and fall back asleep around 3:00 am.  In 
many cases, this would cause him to oversleep.  He went to sick call about the matter 
and they diagnosed him with insomnia and gave him antidepressants to help him sleep.  
This did not help.  So eventually, he would just stay awake to avoid getting in trouble.  
Throughout the day he would find myself super tired and dealing with his NCO made it 
no better.  The applicant told his NCO about his sick call visits, but he chose to ignore 
the applicant.  The NCO also knew the applicant was suicidal, but that never stopped 
him from being harsh.  The applicant was basically being written up for something he 
could not handle.  If he did not stay up, he overslept.  If he stayed up, he "wasn't acting 
like a motivated Soldier" because he was tired.

     d.  This NCO also tried to hold the applicant back from any future success in and out 
of the Army.  When the applicant first arrived at his duty station, he made it clear to the 
NCO that part of the reason for him joining the Army was to go to school, graduate, and 
surprise my mother.  The NCO he had him under the impression that in order to attend 
school, he had to get granted permission by him.  The NCO also told the applicant that 
he was going to have to earn an opportunity to go to school.  There is nothing wrong 
with working hard, but the NCO basically hazed him his entire career.  The applicant 
remembers that the NCO always had him organize the supply closets, claiming they 
were going to have an inspection.  But, every time he organized those closets, they 
never had an inspection.  To make matters worse, the NCO gave credit to another 
Soldier for organizing those closets. 

     e.  Our unit has a rule that Soldiers were not supposed to have headphones during 
physical training, unless they were working out in the gym.  Many times they would have 
a list of workouts to be executed in the gym and many of them worked out solo.  The 
applicant’s NCO decided one day that the whole supply office should do their gym 
workout together.  He told the applicant that the First Sergeant (1SG) said he could no 
longer wear headphones in the gym, just him specifically.  The NCO knew the applicant 
really enjoyed listening to music, because it kept him in the zone.  The applicant thought 
this was unfair, because he is obnoxious.  So, the applicant reported everything that 
was happening to him to the 1SG, to include mentioning the headphone situation.  The 
1SG told him that he never told his supervisor to do that.  The 1SG reassured him and 
told him things would get better.  Telling the 1SG ended up being his biggest regret, 
because it only made his NCO more aggressive.  

     f.  Another example of the NCO hazing him was getting written up after getting 
permission to do something.  The NCO told him he could look for his keys.  He come 
back five minutes later and the NCO yelled at him in front of everyone to make a scene.  
Other NCOs who did not know the applicant already drew a conclusion that he was a 
bad Soldier.  Things like that made the applicant lose faith in any NCO that walked on 
that base.  The applicant was always paranoid and scared for his life.  He was afraid to 
tell anyone else about his issues, because they always laughed at his remarks.

     g.  He thought leaving the Army would make all this mental damage go away, but it 
has only gotten worse.  To this day, he still has those nightmares and still hears the 
NCO’s voice in his head. The DVA diagnosed him with schizophrenia based upon his 
symptoms of depression, headaches, anxiety, insomnia, and suicidal thoughts.  He is 
currently receiving treatment and coping.  He was also accepted into University and 
planned to start summer 2021.  He does not want his DD Form 214 to tarnish any of his 
future employment endeavors.  Having his service characterization upgraded will allow 
him to live life without being penalized by a mental illness over which he has no control.

2.  The applicant underwent a pre-enlistment medical examination in March 2019.  The 
applicant reported that he had no preexisting medical of behavioral health conditions at 
the time and none were identified during the physical medical examination.  As a result, 
the applicant was determined to be fit for military service.

3.  The applicant enlisted in the Regular Army on 30 April 2019.  He completed Basic 
Combat Training and Advanced Individual Training for military occupational specialty 
92Y (Unit Supply Specialist).  He was assigned to a unit located in Wiesbaden, 
Germany.

4.  The applicant’s record is void of the specific documentation related to the reason for 
his separation.  However, his record contains:
     a.  Orders 188-0003, issued by Department of the Army, Installation Management 
Command – Europe, Wiesbaden Transition Center on 6 July 2020, which show he was 
to be discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted 
Administrative Separations), effective 14 July 2020; and

     b.  a DD Form 214 which shows he was released from active duty 14 July 2020 
under the provisions of Army Regulation 635-200, paragraph 14-12b, by reason of 
Pattern of Misconduct with an Under Honorable Conditions (General) characterization of 
service.  He completed 1 year, 2 months and 14 days of net active service this period.

5.  The applicant provides:

     a.  A character reference letter from his mother, dated 23 February 2021, wherein 
she states:

“I am [the applicant]’s mother.  I have known [the applicant] all of his life 
and I currently see him on a daily basis.  When [the applicant] entered 
the military in April 2019 he was very excited about the military, and 
having the opportunity to serve.  His first assignment was Wiesbaden 
Germany.

Within a few months of getting to Germany I noticed a change in him, he 
appeared to be no longer happy or enthused about the military.  I did not 
think too much of it, I just attributed it to the adjustment.  I could not get 
him to talk much about what was going on; the only thing he shared was 
that he was a little stressed out but, when I asked him why he mention 
that his roommate was in the room and that he could not talk freely.  I 
knew that he was stressed.  I thought it was the time difference.  I 
realized whatever it was, it was hard for him to express himself and hard 
for him to talk about.

It was about Dec[ember] or Jan[uary] when I noticed the biggest change 
in [the applicant] he called less and when I called, he was always in bed 
no matter what time of day it was.  It could be in the middle of the day on 
the weekend and he would be in bed.  He told me he was having 
problems sleeping.  I thought that was strange because he never had 
problems sleeping before.  Some of the other changes that I noticed 
[were] that he would complain constantly [about] headaches that he 
sometimes could not get rid of.  He would rarely take anything for them, 
[instead] he would try to ride it out and I told him he needed to take 
Tylenol so that he could get relief.  I encouraged him to go and be seen 
by a doctor reference the headaches.  Once he started getting these bad 
headaches regularly, I became more concern[ed] that this was 
something deeper than insomnia.

I remember one day around Feb[ruary] that he reached out to me and 
mentioned having thoughts of suicide.  I prayed with him and I offered to 
contact his chain of command, which he discouraged because he was 
fearful that it would not end well for him.  I began to call and check on 
him more frequently.  From what I understand, he made his supervisor 
aware about his suicidal thoughts and the supervisor gave him the 
impression that he was going to get him assistance and that never 
happen[ed].

Below [are] some, but not all, of the changes that I have witnessed that 
[are] different about him since he returned from the military:

When he came home in July, I notice[d] that he was less sociable, he 
seemed really depressed most of the time and he spent a lot of time in 
bed.  Normally he is very talkative, it has been very hard to get him to tell 
what happen[ed] when he was in Germany.  When he does talk about it, 
he seems overcome with fear and anxiety. He would always seem be 
very anxious to not talk about what happen[ed] with the supervisor as if 
he was reliving it all over again.

One particular incident that he shared with me is that the supervisor told 
him that he should go back to the streets of and play basketball.  My son 
said that he explained to him that he never played basketball and the 
supervisor walked away.  The supervisor constantly made belittling and 
condescending remarks in front of [the applicant]'s peers and superior 
which, in turn, made everyone treat [the applicant] indifferent[ly].  When 
[the applicant] explained this to me, I suggested that he go seek 
assistance from outside his chain of command suggesting that maybe 
this would be helpful and he would feel comfortable talking to a 
Chaplain.  [The applicant] tried multiple times to see the Chaplain, but he 
[was] never able to reach him.  The results of this poor treatment for [the 
applicant] were more depression, sleep deprivation, loneliness and 
stress. He did go on sick call to seek medical treatment for his sleep 
disturbance, depression, anxiety and suicidal thoughts.  The treatment 
he received from his supervisor caused him to be more detached and 
withdrawn.

Prior to [the applicant] entering the military he was very outgoing, very 
confident and he played sports worked out and socialized with friends; 
now he just stays to himself and is always in his head talking to himself 
and seems to be paranoid and fearful about everything.

Due to [the applicant]'s mental health he is currently receiving treatment 
from the VA, he was rated at 100% for Schizophrenia.  The connection 
between his discharge (DD 214) is the treatment he received from his 
supervisor along with his supervisor refusing to properly train him to do 
his job led to the decline of his mental health.  Which eventually resulted 
[in] him being chaptered out of the military.

[The applicant] has been accepted at State and plans to start school in 
the summer.  The upgrade of his DD 214 would increase his chance of a 
smooth transition into civilian life.”

     b.  A character reference letter from his father, dated 22 March 2021, wherein he 
states:

“I'm writing this letter on behalf of my Son, [the applicant].

I was made aware of his situation with his supervisor when he first 
call[ed] and solicited me for pray[er] around late February 2020.  The 
emotional abuse that he received from his supervisor was very 
traumatic, which affected his behavior over time.

After completing AIT (Advanced Individual Training) in September 2019, 
he was then station[ed] in Germany, his first military assignment and 
first time being overseas in Europe.  He seemed to be doing well until 
after the Christmas Holidays, and then I began to notice a direct change 
in him when I ask[ed] him about how [he was] doing on his job or his 
working relationship with his Section or Unit.  Every time I talk[ed] to 
him it was apparent to me that he didn't want to talk about it, and that 
he was avoiding the conversation or didn't want to go there. I really had 
no idea of the seriousness of his situation, and that he had begun
suppressing it.

After I kept calling him, I later found out in early April what was really 
going on.  He then really began telling me about the on-going 
harassment and abuse that
he was receiving from his supervisor.

He mentioned that he was having problems sleeping because of the 
anxiety and the helplessness he felt in the situation that he was in.  His 
trouble sleeping affected his concentration and the fact that his 
supervisor didn't take the time to properly train him on his job duties.  
He went on sick call to be treated because he was unable to sleep [and] 
they diagnosed him with insomnia, but it was due to traumatic 
experiences.

During this ordeal, his mental condition began to worsen/or regress as 
time went on.  The insults and degrading comments from his supervisor 
for example; he mentioned to me that his supervisor said to him "you're 
stupid" etc. in front of his peers and slandered his character around the 
unit.  He said that he was treated differently, and was held to a different 
standard from everyone else.  He was not allowed to eat in the office or 
have his personal cell phone on him.  Other Soldiers within his section 
mentioned to him "those rules only applied to you".

When [he] ask for permission to enroll in school (college classes) he 
was denied by his Supervisor.  [The applicant] stated to me that the 
anxiety and trauma would actually take over on days when he had to 
report to the office for work, he couldn't even eat at all.

His supervisor had even turned the whole Chain of Command against 
him.  He mentioned to me that he went to his Company First Sergeant 
to report the harassment that he was receiving from his supervisor and 
that made the whole situation a lot worse for him.  The retaliation 
escalated and his depression and emotional state begun taking a huge 
toll on him.

He told me that his supervisor said that he would train him and to see 
how it would go, but that never have happen[ed].  The supervisor had 
told him to write up his own development plan to help him to be a better 
Solider in which he did not totally understand what his responsibilities 
were.  He felt the supervisor betrayed him by shunning his own 
responsibility in training, leading, [and] in taking care of him by ensuring 
that he was equipped to do the assignment that he was ask[ed] to 
perform.  It's the supervisor’s responsibility to help identify
what the Solider needs, not the Soldier’s (he's young and 
inexperienced).

Two weeks went by and then the supervisor informed the Chain of 
Command that he was not up to performing the duties of his job.  The 
Command ask[ed] him what was wrong and [the applicant] replied that 
he was "stress[ed] out."  He was reaching out for help and guidance, 
but the unit sent him on appointments to get a mental evaluation 
instead of showing that they cared for his well-being.

During these evaluations, that's when it was determined [he had] 
thoughts of suicide because of him being worn down from the mental 
stress and emotional trauma from the abuse he received from his 
supervisor.  The counselor/or evaluator asked him why he didn't go 
through with the suicide and he replied "it would have disappointed my 
parents and my faith in God".

He mentioned to his unit (supervisor and Chain of Command) on 
several occasions that he want[ed] to do his job and he really loved 
being the military, but he couldn't deal with the insults and the 
harassment.  The supervisor also made another insult comment to him 
saying "go back to the streets of and play basketball."  It was comments 
like that [which] show[ed] the hate and dislike he felt towards him.  Even 
to this day, he doesn't want to discuss or think about it.

My Son is very intelligent; he has done very well [in] high school and 
college, he was very outgoing and well manner[ed].  He played sports 
and was very active in the church.  He was very happy when he 
finish[ed] AIT, but this trauma has tremendously affected his behavior 
and ability to relate.  His focus and concentration has been less since 
he gotten back from the military.  He's not the same person [he was] 
before he went in to serve his Country.  He [is] also dealing with the 
transition from military back into civilian life; coupled with the fact that 
he didn't receive the fair treatment, respect, dignity and/or given the 
opportunity that everyone deserves and appreciated to serve.

Since he has been back he has received treatment from the VA, they 
diagnosed him for schizophrenia and received a rating of 100% (see 
attached) due to the stress, anxiety, suicidal thoughts and the mental 
depression from the trauma he experienced while in the military.  If he 
had received the fairness and proper training from his supervisor, he 
would have excel[ed], but instead, his refusal led my son to unfair 
treatment from everyone in his chain of command.

My Son has applied and been accepted at State University and will be 
attending school this summer 2021.  Because of the VA treatment, he's 
getting his life back and moving on to be a productive and responsible 
young man.  I respectfully request that his DD 214 be upgraded 
because of the harassment, shame and disrespect he endured serving 
in the US ARMY.”

     c.  An extract from a DVA Rating Decision, dated 4 February 2021, which shows he 
was granted an evaluation of 100 percent disability for service-connected schizophrenia 
also claimed as Post-Traumatic Stress Disorder (PTSD), effective 15 July 2020.

     d.  DVA Progress Notes for the period of August through November 2020 which 
show the applicant began receiving behavioral health care treatment from the DVA in 
August of 2020 in response to him reaching to the Veterans Crisis Line.  During follow-
up calls it was determined the applicant had been experiencing depression, 
anxiousness, sadness, sleep disturbances, increased drinking, suicidal ideation, hearing 
voices, paranoia and anxiety since December 2019.  The applicant reported that all of 
these symptoms stemmed from the abusive treatment he experienced from his 
leadership while serving in the Army in Germany.  His primary diagnoses were PTSD 
and psychosis.

6.  The applicant requests his characterization of service be upgraded to honorable and 
his narrative reason shows as "medical reasons" vice "pattern of misconduct.  

     a.  The complete facts and circumstance surrounding the applicant's discharge are 
not available.  Review of his record provides administrative irregularity took place 
regarding the proper retention of records in his official military personnel file; which is 
the responsibility of the commander. Specifically, the applicant's discharge packet is not 
filed in the official military personnel file (OMPF).  Due to the lack of evidence we are 
unable to determine the specific circumstance(s) that led to his discharge.   

      b.  Neither the applicant nor his records provide documents referencing diagnosis of 
a behavior health or medical condition during his time in service. 

     c.  Army Regulation 635-200 states Soldiers are subject to separation action for a 
pattern of misconduct consisting of discreditable involvement with civil or military 
authorities.  Discreditable conduct and conduct prejudicial to good order and discipline 
including conduct violating the accepted standards of personal conduct.  An honorable 
discharge was a separation with honor and entitled the recipient to benefits provided by 
law.

     d.  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 mental health conditions, 
including PTSD.   The veteran’s testimony alone, oral or written, may establish the 
existence of a condition or experience, that the condition or experience existed during or 
was aggravated by military service, and that the condition or experience excuses or 
mitigates the discharge.

7.  The Board should consider the applicant's statement in accordance with the 
published equity, injustice, or clemency determination guidance.  In reaching its 
determination, the Board can consider the applicant's petition, his service record, and 
his statements in light of the published guidance on equity, injustice, or clemency. 

8.  MEDICAL REVIEW:

The Army Review Boards Agency (ARBA) Medical Advisor was asked to review this 
case. Documentation reviewed included the applicant’s ABCMR application and 
accompanying documentation, the military electronic medical record (AHLTA), the VA 
electronic medical record (JLV), the electronic Physical Evaluation Board (ePEB), the 
Medical Electronic Data Care History and Readiness Tracking (MEDCHART) 
application, and the Interactive Personnel Electronic Records Management System 
(iPERMS).  The ARBA Medical Advisor made the following findings and 
recommendations:  

	a.  The applicant is applying to the ABCMR requesting a referral to the Disability 
Evaluation System (DES) and a medical retirement with a subsequent honorable 
discharge in lieu of his under honorable conditions (general) discharge for a pattern of 
misconduct.  He states: “I had documented symptoms while in military; suicidal 
thoughts, anxiety, depression, insomnia, chest pains, and migraines.  The VA 
diagnosed me with schizophrenia. Currently receiving treatment at Atlanta VA.”

	b.  The Record of Proceedings and the previous denial detail the applicant’s military 
service and the circumstances of the case.  His DD 214 for the period of service under 
consideration shows he entered the regular Army on 30 April 2019 and received an 
under honorable conditions (general) discharge on 14 July 2020 under the separation 
authority provided by paragraph 14-12b of AR 635-200, Active Duty Enlisted 
Administrative Separations (19 December 2016): A Pattern of Misconduct.     

	c.  Neither the applicant’s separation packet nor documentation addressing her 
discharge were submitted with the application or in iPERMS.

	d.  The applicant underwent a pre-separation Mental Status Evaluation on 16 April 
2020.  The provider documented a normal examination, that he had no duty limitations 
due to a behavioral health reasons, he met medical retention standards, and was 
cleared for administrative action.

	e.  There is no evidence the applicant had a mental health or other medical condition 
which would have failed the medical retention standards of chapter 3, AR 40-501 prior 
to his discharge.  Thus, there was no cause for referral to the Disability Evaluation 
System.  

	f.  However, the pre-separation Mental Status Evaluation is in marked contrast to 
what was found on a comprehensive mental health assessment completed by a 
Veterans Hospital Administration (VHA) facility on 25 August 2020:
“On a mental health symptom measure, the veteran endorsed depression, sleep 
problems, anger, anxiety, psychosis, and intermittent thoughts of harm to self without 
plan, intent or access to means ... Regarding anxiety, the veteran endorsed increased 
worry, racing thoughts, feeling on edge, difficulty feeling settled, and difficulty sustaining 
concentration.  He confirmed anxious symptoms increased significantly when an ADSM 
{active duty service member}, and have continued to worsen since separating from the 
military.  Regarding psychosis, the veteran endorsed intermittent auditory hallucinations 
(hearing sounds/voices that are not real).”

	g.  Review of his records in JLV shows he has been awarded a 100% disability 
rating by the Veterans Benefits Administration of service connected schizophrenia.  
However, the DES compensates an individual only for service incurred medical 
condition(s) which have been determined to disqualify him or her from further military 
service.  The DES has neither the role nor the authority to compensate service 
members for anticipated future severity or potential complications of conditions which 
were incurred or permanently aggravated during their military service; or which did not 
cause or contribute to the termination of their military career.  These roles and 
authorities are granted by Congress to the Department of Veterans Affairs and executed 
under a different set of laws.

	h.  While the exact nature to the applicant’s misconduct remains unknown, it is likely 
that his emerging schizophrenia was a significant contributor to his misconduct.  
“Schizophrenia is typically diagnosed in the late teen years to the early thirties and 
tends to emerge earlier in males (late adolescence – early twenties) than females (early 
twenties – early thirties) ... Gradual changes in thinking, mood, and social functioning 
often begin before the first episode of psychosis, usually starting in mid-adolescence 
(https://www.nimh.nih.gov/health/topics/schizophrenia).

   i.  Without knowledge of the act(s) of misconduct, a recommendation for mitigating 
these act(s) under liberal consideration policies along with a recommendation for a 
discharge cannot be made.  It is therefore the opinion of the ARBA Medical Advisor that 
neither a discharge upgrade nor a referral of his case to the DES is warranted.

	j.  *** Note – It is suggested the applicant be informed that his application was not 
adequate for review, and that he could consider requesting a reconsideration of his 
case, particularly if it included his separation packet or documents relevant to his 
administrative separation.



BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief 
was not warranted. The Board carefully considered the applicants request, supporting 
documents, evidence in the records and published DoD guidance for consideration of 
discharge upgrade requests. The Board considered the applicant's statement, record of 
service, the reason for his separation and whether to apply clemency. Because the facts 
and circumstances surrounding his discharge are not available, the Board was unable 
to determine the specific reason for his misconduct. The Board found insufficient 
evidence of in-service mitigating factors for the misconduct and the applicant provided 
no evidence of post-service achievements or letters of support to weigh a clemency 
determination. 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. If 
the applicant tis able to provide his separation packet, he could reapply o this Board for 
reconsideration. 

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.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR. 
The regulation provides that the ABCMR begins its consideration of each case with the 
presumption of administrative regularity. The applicant has the burden of proving an 
error or injustice by a preponderance of the evidence.

2.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted 
personnel.  The version in effect at the time provided that:

	a.  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.

	b.  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.

	c.  Chapter 14 established policy and prescribed procedures for separating members 
for misconduct.  Specific categories included minor disciplinary infractions (a pattern of 
misconduct consisting solely of minor military disciplinary infractions), a pattern of 
misconduct (consisting of discreditable involvement with civil or military authorities or 
conduct prejudicial to good order and discipline), commission of a serious offense, and 
convictions by civil authorities.  Action would be taken to separate a member for 
misconduct when it was clearly established that rehabilitation was impracticable or was 
unlikely to succeed.  A discharge UOTHC was normally appropriate for a Soldier 
discharged under this chapter.  However, the separation authority could direct a general 
discharge if such was merited by the Soldier’s overall record.

3.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides 
the specific authorities (regulatory or directive), reasons for separating Soldiers from 
active duty, and the separation codes to be entered on the DD Form 214.  It states that 
the separation code "JKK" is the appropriate code to assign to Soldiers separated under 
the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c (2), by 
reason of Misconduct (Drug Abuse).  Additionally, the SPD/ RE Code Cross Reference 
Table established that RE code "4" was the proper reentry code to assign to Soldiers 
separated under this authority and for this reason.


4.  The Secretary of Defense directed the Service Discharge Review Boards (DRBs) 
and Service Boards for Correction of Military/Naval Records (BCM/NRs), on 
3 September 2014, to carefully consider the revised post-traumatic stress disorder 
(PTSD) criteria, detailed medical considerations, and mitigating factors when taking 
action on applications from former service members administratively discharged under 
UOTHC and who have been diagnosed with PTSD by a competent mental health 
professional representing a civilian healthcare provider in order to determine if it would 
be appropriate to upgrade the characterization of the applicant's service.

5.  The Under Secretary of Defense for Personnel and Readiness provided clarifying 
guidance to Service DRBs and Service BCM/NRs on 25 August 2017.  The 
memorandum directed them to give liberal consideration to veterans petitioning for 
discharge relief when the application for relief is based in whole or in part on matters 
relating to mental health conditions, including PTSD, traumatic brain injury (TBI), sexual 
assault, or sexual harassment.  Standards for review should rightly consider the unique 
nature of these cases and afford each veteran a reasonable opportunity for relief even if 
the sexual assault or sexual harassment was unreported, or the mental health condition 
was not diagnosed until years later.  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.

	a.  Guidance documents are not limited to UOTHC discharge characterizations but 
rather apply to any petition seeking discharge relief including requests to change the 
narrative reason, re-enlistment codes, and upgrades from general to honorable 
characterizations.

	b.  An honorable discharge characterization does not require flawless military 
service.  Many veterans are separated with an honorable characterization despite some 
relatively minor or infrequent misconduct.

	c.  Liberal consideration does not mandate an upgrade.  Relief may be appropriate, 
however, for minor misconduct commonly associated with mental health conditions, 
including PTSD; TBI; or behaviors commonly associated with sexual assault or sexual 
harassment; and some significant misconduct sufficiently justified or outweighed by the 
facts and circumstances.

6.  The Under Secretary of Defense for Personnel and Readiness issued guidance to 
Service DRBs and Service BCM/NRs on 25 July 2018, 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 court-martial forum.  
However, the guidance applies to more than clemency from a sentencing in a court-
martial; it also applies to any other corrections, including changes in a discharge, which 
may be warranted on equity or relief from injustice grounds.  

	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 on the basis of equity, injustice, or clemency 
grounds, Boards 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)	AR20210012815


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1