IN THE CASE OF: BOARD DATE: 14 September 2022 DOCKET NUMBER: AR20220002307 APPLICANT’S REQUEST: upgrade of his uncharacterized discharge to honorable APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Letter * Letter from Doctor FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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 indicates he has other mental health issues. He states in his application and self-authored letter, in effect: a. He would like a discharge upgrade due to an undiagnosed mental health condition in order for him to be able to get benefits through the Department of Veterans Affairs (VA). b. At the time of his enlistment, he was unaware that he was having mental health issues. The time he spent in basic training made his mental health issues worse. c. He was not aware there was a discharge upgrade procedure. d. He has childhood post-traumatic stress disorder (PTSD) due to his abusive aunt. He enlisted in the US Army and was sent to basic training. e. The stress of intense training and a hostile environment caused him to receive an under honorable conditions (general) discharge [sic]. His pre-existing discharge was made worse due to his direct time in the military. f. The strain caused him to have panic and anxiety attacks, which he did not experience until he was in basic training. His time in the military was detrimental to his well-being. 3. The applicant provides a letter from his doctor, dated 11 October 2021, which states, in effect: a. He's treated the applicant since 7 July 2021. Prior to his treatment, the applicant received services at Camino Real Community Services since 12 July 2016. The applicant's diagnosis was: * major depressive disorder, reoccurring episodes with psychotic features * cannabis use disorder, severe * unspecified bipolar and related issues b. The applicant suffered traumatic events prior to his enlistment in the US Army that still affect him to this day. These events have been aggravated by reoccurring episodes of stress throughout his life and have preceded the bouts of depression and psychotic episodes, in each situation. c. The applicant's time in training with the US army is clearly a stressful event and would have heightened the stress and therefore exacerbated his condition. The applicant was given a general [sic] discharge form the United States Army in 2006, went to the Chicago area to live with his father and for the next 10 years was in and out of hospitals on 10 different occasions on psychiatric holds due to the stress incurred by his time in the military. The correlation is clear that his time in basic training intensified the stress for the applicant. d. The applicant went to Camino in or around 2016 being admitted into the Crisis Residential Unit. After completing the crisis program, he entered into adult mental health services and is receiving medical services as part of his Recovery Treatment Plan. 4. On 8 April 2006, the applicant enlisted in the US Army Reserve (USAR) delayed entry program (DEP) for a period of 8 years. On 25 April 2006, the applicant was discharged from the USAR DEP and entered active duty for a period of 6 years and 19 weeks. 5. On 5 May 2006, the applicant signed a Trainee Standards of Conduct Standard Operating Procedure (SOP), which states the applicant would adhere to the rules set forth in the SOP. Any violations of the rules may result in nonjudicial punishment (NJP) or higher punishment. The complete SOP is available for the Board's review. 6. On 5 May 2006, the applicant signed a document, which explained the off limit areas. He would not consume any alcoholic beverages, nor would he use any type of tobacco products while in one station unit training (OSUT). 7. The applicant received Developmental Counseling Forms on: a. 5 May 2006, initial counseling regarding the policies and procedures of the company and battalion. The applicant agreed with the counseling and signed the form. b. 11 May 2006, for missed training. The applicant went to sick call 8 through 11 May and missed training for a total of 25 hours of missed training. The applicant agreed with the counseling and signed the form. c. 11 May 2006, for having a panic attack. The applicant had been to sick call and upon his return while marching to the dining facility, he acted like he could not breath and was going to passed out. The applicant agreed with the counseling and signed the form. d. 12 May 2006, for having a panic attest while conducting the obstacle course. He started having difficulty breathing on the last obstacle. The applicant agreed with the counseling and signed the form. e. 13 May 2006 for having a panic attack while marching to the dining facility when he was corrected on the way he was marching. He had been counseled on this issue twice within the previous two days. The applicant agreed with the counseling and signed the form. f. 14 May 2006, for missing training due to sick call. He had a total of 33 hours of missed training. The applicant agreed with the counseling and signed the form. g. 15 May 2006 for being on the phone without permission at the infirmary. The applicant agreed with the counseling and signed the form. h. 16 May 2006 for missing training due to going to sick call. He had missed a total of 44 hours of training. Under the OSUT policy, Soldiers who missed more than 72 hours of training or critical training due to sick call, profiles, or hospitalization would not be able to complete training with their current unit. Any missed training must be made up prior to graduation. The applicant agreed with the counseling and signed the form. i. 16 May 2006, a second counseling for missed training, which states the applicant went to sick call on 15 May 2006 and missed training. Total hours missed was 39.5 hours. The applicant agreed with the counseling and signed the form. j. 19 May 2006, for missed training. The applicant went to sick call on 18 May 2006 and missed training. Total hours missed was 48.5 hours. The applicant agreed with the counseling and signed the form. k. 23 May 2006, for missed training. The applicant went to sick call and missed training. The total hours missed was 51.5 hours. The applicant agreed with the counseling and signed the form. l. 31 May 2006, he was being recommended for entry level separation for missing over 55 hours of training due to being mentally unfit. The applicant agreed with the counseling and signed the form. 8. On 31 May 2006, a Memorandum of Record was completed showing the rehabilitative and adverse Information Summary of the applicant. It shows he was counseled on: * 5 May, initial counseling * 11 May, missed training * 11 May, missed training/panic attack * 12 May, missed training/panic attack * 13 May, missed training/panic attack * 15 May, missed training/unauthorized phone use * 16 May, missed training * 18 May, missed training * 23 May, missed training * 31 May, Entry Level Separation 9. On 31 May 2006, the applicant signed a memorandum requesting excess leave while pending discharge. 10. On 9 June 2006, the applicant's commander-initiated Entry Level Separation action against the applicant because he missed 51.5 hours of mandatory training because of sick call and he had been removed from all remaining training. He had experienced panic attacks on a daily basis no matter how easy the task. He could not meet the minimum standards prescribed for successful completion of training. On the same day, the applicant acknowledged notification of the separation proceedings. 11. On 9 June 2006, the applicant waived his right seek legal counsel concerning his separation. He wished to be separated from the Army as soon as possible and did not desire legal assistance. On the same day, he completed his election of rights declining legal counsel, stated he understood his rights and the effect of waiving those rights, did not request to have a medical examination, and did not desire to submit statements in his own behalf. 12. The applicant's chain of command recommended approval of the discharge and on 14 June 2006, the appropriate separation authority approved the separation, waived the rehabilitation transfer requirements, and directed an entry-level separation with an uncharacterized discharge. 13. On 23 June 2006, the applicant was discharged accordingly. He had served 1 month and 29 days of service. He was not awarded or authorized any awards. His character of service was uncharacterized. 14. Per chapter 11, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), commanders were to initiate separation action against entry level Soldiers who demonstrated unsatisfactory performance or conduct, as evidenced by a lack of ability, an absence of reasonable effort, a failure to adapt to the military environment, or by the commission of minor disciplinary infractions. Paragraph 11-4 indicated counseling and rehabilitation requirements were essential in cases where entry level performance and conduct served as the basis for separation; before initiating separation, the regulation stated commanders were responsible for ensuring Soldiers received adequate counseling and rehabilitation. 15. Soldiers separated in an entry-level status (i.e. within the first 180 days of continuous active duty) were required to be issued uncharacterized characters of service. The Secretary of the Army could, on a case-by-case basis, issue an honorable character of service when clearly warranted by unusual circumstances involving personal conduct or duty performance. The applicant served 132 days of continuous active duty service. 16. 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. 17. MEDICAL REVIEW: The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting documents and the applicant’s medical records in the Armed Forces Health Longitudinal Technology Application (AHLTA) and Joint Legacy Viewer (JLV) and made the following findings and recommendations: The applicant attended a behavioral health intake, supportive group sessions, and a Chapter Mental Status Exam (MSE) with documentation supporting an adjustment disorder. Medical records are void of symptoms suggestive of a higher-level psychiatric disorder. While the letter submitted by the applicant is acknowledged, it does not equate to the applicant having a psychiatric disorder in-service for further consideration. Accordingly, the applicant’s discharge was proper and equitable from a behavioral health standpoint. a. The applicant was discharged on 23 June 2006 under AR 635-200 Chapter 11, Entry Level Performance and Conduct, with an Uncharacterized characterization. The basis for separation was the applicant missed 51.5 hours of mandatory training because of sick call and had been removed from all remaining training. Additionally, the applicant had experienced panic attacks daily and could not meet the minimum standards prescribed for successful completion of training. The applicant is requesting an Honorable discharge so he can receive VA benefits. The applicant asserts at the time of enlistment, he did not know he had childhood related PTSD and basic training made it worse due to the stress of intense training. b. In May 2006, the applicant was Command referred to behavioral health due to panic attacks. The applicant reported depressive symptoms, anxiety, and panic attacks since arriving. He denied prior behavioral health treatment. The applicant was diagnosed with adjustment disorder and Panic Disorder. The applicant had a Chapter Mental Status Exam (MSE) reporting poor adjustment and desire to be discharged. The applicant was diagnosed with an adjustment disorder and cleared for discharge. The applicant attended two group sessions focused on supporting individuals pending separation. c. The applicant is not service connected and VA records are void of contact. d. The applicant submitted an October 2021 letter from a provider indicating the applicant had been seen since July of that year, with a prior admission in 2016, and diagnosed with Major Depressive Disorder (MDD) and Cannabis Use Disorder with ongoing assessment for Unspecified Bipolar. The related evaluation and treatment notes are void for clarification. The provider opined the stress of training exacerbated pre-existing trauma. e. Kurta Questions (1) Does the applicant have a condition or experience that may excuse or mitigate the discharge? (a) YES. The applicant held an in-service adjustment disorder diagnosis. Post- service, the applicant submitted a letter with a diagnosis of Major Depressive Disorder (MDD); 15 years’ post-service. (2) Did the condition exist or experience occur during military service? (a) YES. The applicant held an in-service diagnosis of adjustment disorder. (3) Does the condition or experience actually excuse or mitigate the discharge? (a) NO. The applicant’s in-service diagnosis and documented status does not require a different separation; the applicant’s discharge was proper and equitable. (4) Does the condition or experience outweigh the discharge? (a) NO. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. 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. Soldiers in the USAR and ARNG are authorized and honorable discharge while in entry-level status only if they complete their active-duty schooling and earn their MOS. Upon review of the applicant’s petition, available military records and the medical review, the Board determined the applicant’s in-service diagnosis and documented status does not require a different separation; the applicant’s discharge was proper and equitable. The applicant served 1 month and 29 days of service, did not complete training and was released from active duty for unsatisfactory performance or conduct, as evidenced by a lack of ability, an absence of reasonable effort, a failure to adapt to the military environment, or by the commission of minor disciplinary infractions. As such, his DD Form 214 properly shows the appropriate characterization of service as uncharacterized, there is no basis for granting the applicant's request. 2. An uncharacterized discharge is not derogatory; it is recorded when a Soldier has not completed more than 180 days of creditable continuous active duty prior to initiation of separation. It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated as honorable or otherwise. 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, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation Army Regulation 635-200, in effect at the time, prescribed policies and procedures for enlisted administrative separations. a. An honorable discharge was a separation with honor. The honorable characterization was appropriate when the quality of the Soldier's service generally met the standards of acceptable conduct and duty performance. b. Soldiers separated in an entry-level status receive an uncharacterized character of service. A separation is an entry level status separation if its processing is initiated during the Soldier's first 180 days of continuous active duty. The Secretary of the Army could, on a case-by-case basis, issue an honorable character of service to entry-level Soldiers when clearly warranted by unusual circumstances involving personal conduct or duty performance. c. Chapter 11 (Entry Level Status Performance and Conduct) provided that entry level Soldiers were to be separated when they demonstrated unsatisfactory performance and/or conduct, as evidenced by an inability, a lack of reasonable effort, or a failure to adapt to the military environment. Separations under this chapter were required to be listed as uncharacterized. 3. On 3?September 2014, the Secretary of Defense directed the Service Discharge Review Boards (DRBs) and Service Boards for Correction of Military/Naval Records (BCM/NRs) to carefully consider the revised PTSD criteria, detailed medical considerations and mitigating factors when taking action on applications from former service members administratively discharged 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. 4. 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 to 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. 5. On 25?July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military DRBs and 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 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. 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) AR20220002307 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1