IN THE CASE OF: BOARD DATE: 4 October 2023 DOCKET NUMBER: AR20220010413 APPLICANT REQUESTS: in effect, * correction of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the Army National Guard (ARNG) of Texas), dated 14 November 1974, to show he was discharged due to a physical disability in lieu of failure to meet retention standards * personal appearance before the Board via video/telephone APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 293 (Application for Review of Discharge from the Armed Forces of the United States) * Department of Veterans Affairs (VA) Form 21-526EZ, page 8 * VA Medical Record, page 3 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * DD Form 215 (Correction to DD Form 214) * Letter from a psychiatrist in Brownsville, TX * Prescription, Internal Medicine, Brownsville, TX * Letter, Commander, Headquarters, 3rd Battalion (M), 141st Infantry, Texas ARNG (TXARNG) * NGB Form 22 * Medical Record Progress Notes * Letter from the Social Security Administration * Two Medical Records from South Texas Behavioral Health Center * VA Form 21-2680 (Examination for Housebound Status or Permeant Need for Regular Aid and Attendance), page 3 * Veterans Appeals Statement * Veterans Consortium web page FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 desires a medical discharge and compensation. He has provided a letter from his commanding office recommending him for a medical discharge due to severe anxiety disorder and depression. He failed to complete his 6-year ARNG obligation, due to his condition while under doctor’s care. He has been ill all his life. He has been hospitalized about 12 times, the latest being in January 2019. Additionally, he states on his DD Form 293 that his commanding officer requested that he receive a medical discharge through his adjutant general on 24 November 1974, but his DD Form 214 and DD Form 215 shows he was honorably discharged. He has been ill since grade school. At that time, they were very poor and lived in the projects. He was constantly whipped by his parents because of his failure to attend school or other functions. He was [determined to be] completely disabled by social security in 1988. He has been hospitalized in many mental hospitals. 3. The applicant provided a: a. VA Form 21-526EZ, page 8, undated, claiming he suffered from anxiety, neurosis, and generalized anxiety. b. VA Medical Record, page 3, undated, showing several attempts were made to obtain the information necessary to corroborate the stressful events for his post- traumatic stress disorder (PTSD) claim. His original claim was dated 22 March 2017. His personnel records were obtained and reviewed as well as his DD Form 214. No individual awards, decorations, or medals for combat were noted. A letter dated 4 April 2017 was sent to him requesting that he complete a VA Form 21-0781 (Statement in Support of Claim for Service Connection for PTSD). The form was received from him on 17 April 2017, and it provided no details as to his stressor incident and was incomplete. To date, he has not submitted evidence with specific enough details for research and verification of his claimed stressor events. Additionally, this medical record shows: (1) The claim for service connection for PTSD with anxiety disorder and depression remained denied. (2) The favorable findings identified in this decision was he had been diagnosed with a disability. On 26 April 2022, he was diagnosed with generalized anxiety disorder at his VA contract examination. c. DD Form 215 amending his DD Form 214, item 11d (Effective Date) by deleting “23 Jan 70” and adding “28 May 70.” d. Letter from a Psychiatrist in Brownsville, TX, dated 26 September 1974, showing this psychiatrist had been seeing the applicant since 10 September 1974 as a patient. At the time, the applicant was under his professional care, and he was suffering from a nervous illness. He was diagnosed with “Anxiety Neurosis.” His medications are listed as: “Etrafon 2-25 at H.S., Delantin 100 milligrams (MG) t.i.d., Stelazine 2 MG t.i.d., Cogentin 2 MG daily a.m.” e. Prescription from Doctor ET, Internal Medicine Disease of the Chest, Brownsville, TX, showing between 1973 and 1976, he was treated for “spastic duodenitis [an intestinal condition caused by inflammation in the duodenum lining], acute anxiety reaction, and psychologic reaction. f. Letter, Commander, Headquarters, 3rd Battalion (M), 141st Infantry, TXARNG, dated 3 November 1974, subject: Medical Discharge for (Applicant’s Name), stating: (1) Pertinent medical information regarding the applicant’s psychiatric care had been reviewed. He had been under this doctor’s care during the past several months for a psychoneurotic disorder. (2) Based on this interview with the applicant and on AR 40-501 (Standards of Medical Fitness) chapter 3, section XV, 3-30, psychoneuroses, it was recommended that he be given a medical discharge as of this date. g. Medical Record-Progress Notes, dated October 2017, showing: (1) The applicant received “Prior Mental Health Outpatient Treatment since the late 1970’s privately.” (2) “Prior Substance Abuse Treatment: Yes, addiction to alprazolam in the past.” (3) Family Psych History: There was a positive history of anxiety in the applicant’s father. The applicant reported that Alzheimer's disease and heart disease ran in the family, but diabetes generally did not run in the family. The applicant had a high school education, and the chart indicated no abuse during childhood. He served in the national guard for about 4 years and was honorably discharged around 1969 or 1970 due to what was thought to be a seizure disorder though it later turned out to be anxiety. He has been on disability since 1982 and has no legal history. He has been divorced twice and lives with his common law wife. He had no claims pending with the VA. h. Letter from the Social Security Administration, dated 5 November 2018, showing the applicant became disabled on 13 January 1988. i. Two Medical Records from South Texas Behavioral Health Center showing: * on 9 January 2019, he was treated for depression * on 15 January 2019, he was diagnosed with diabetic neuropathy, alcohol abuse, Type 2 diabetes mellitus, hypertension, and severe major depression without psychotic features j. VA Form 21-2680, page 3, dated 19 August 2019, showing he was in a wheelchair. He described his restrictions for which he needed help as placing his belt, showering, potting, and putting on his shoes, and pants. k. The applicant’s veterans’ appeals statement, dated 21 November 2021, indicating: (1) He was applying for disability for anxiety, depression, hearing loss, and spinal damage, which were conditions he incurred during his 4 months and 6 days of jungle training. During his extensive training at Tiger Land, Fort Polk, LA, he was exposed to many chemicals and fired all weapons to include machine guns, M-16 Rifle, 50 Caliber Grenade Launchers, and Bazookas. They did not have hearing protection and he has been diagnosed with moderate to severe hearing loss. With his hearing aids he still cannot understand people who are talking to him. (2) During training in January 1970, he became ill and was told he might have epilepsy. It turned out to be anxiety attacks. (3) He went to sick bay/call a couple of times and he was told he had nothing wrong with him. He suffered a lot during training with his disorder. He was claustrophobic, he wanted to die, but somehow, he took it. He was too embarrassed to tell anyone how he was feeling. (4) He also jumped from Huey [helicopters] for months during jungle training, being pushed out from about 5 ft. in the air. (5) He is age, he has been in a wheelchair for 4 years and he has lots of medical issues. He was having back surgery in November [2021]. He had tumors on his neck and nodules on the bottom of his feet. Surgery on his feet had been postponed until his blood sugar was better controlled. (6) After coming home from training, he had trouble leaving the house, due to agoraphobia. (7) On 3 November 1974, his company commander sent a letter to the adjutant general recommending that he receive a medial discharge after seeing a doctor of psychiatry who said he had severe anxiety and depressive disorder (letter attached). in 1988 he was determined to be completely disabled by the Social Security Administration, because he was unable to work due to his conditions. (8) He has been in and out of mental hospitals due to severe anxiety and depression and [he believes] he will be living a sad life the rest of his life. He was sent back to a mental hospital in January 2020. l. A screenshot of the Veterans Consortium web page, describing the organization’s discharge upgrade assistance services to include legal services. 4. The applicant’s service record shows: a. On 11 July 1969, he completed a Standard Form (SF) 88 (Report of Medical Examination) and SF 89 (Report of Medical History) showing he did not disclose any medical condition(s) that would have precluded him from meeting the medical fitness qualifications/standards. b. On 15 November 1969, he enlisted in the TXARNG for a period of 6 years. c. On 23 January 1970, he was ordered to “ACDUTRA” for completion of training. He completed the training requirements, and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and was released/reverted to the TXARNG on 28 May 1970 to complete his service obligation. 5. Prior to release from active duty (REFRAD), on 8 May 1970, an SF 88 and SF 89 show he was determined to be qualified for REFRAD. He annotated his SF 89 to show that he had stomach trouble, ear, nose, or throat trouble, chronic or frequent colds, sinusitis, hay fever, shortness of breath, frequent indigestion, and stomach, liver, or intestinal trouble. 6. On 28 May 1970, the applicant authenticated a statement of medical condition indicating there had been no change in his medical condition. 7. On 28 May 1970, he was issued a DD Form 214 showing he completed 4 months and 6 days of active service. His DD Form 214 also shows in: * Effective Date – 23 January 1970 [which is incorrect it should show 28 May 1970] * Reason and Authority – AR 635-200, SPN 264 [Release of Enlisted Personnel Upon Completion of MOS Training] * Character of Service – Honorable 8. A Letter from the Commander TXARNG, dated 3 November 1974, stated pertinent medical information regarding the applicant’s psychiatric care had been reviewed. The applicant had been under doctor’s care during the past several months for a psychoneurotic disorder. Based on an interview with the applicant and based on AR 40-501, chapter 3, section XV, 3-30, psychoneuroses, it was recommended that the applicant be given a medical discharge as of this date. 9. The applicant was honorably discharged from the TXARNG on 14 November 1974. His NGB Form 22 shows he was discharged in accordance with paragraph 7-6r, National Guard Regulation (NGR) 600-200, due to failure to meet retention standards under the provisions of AR 40-501. He completed 5 years of ARNG service. 10. On 11 August 2020, he was issued a DD Form 215 deleting the entry “23 January 1970” from item 11d of the DD Form 214 and adding “28 May 1970.” 11. The applicant’s submissions in its entirety were provided to the Board. 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, U.S. 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, CFR, 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 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: a. 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/or the Interactive Personnel Electronic Records Management System (iPERMS). The ARBA Medical Advisor made the following findings and recommendations: b. The applicant is applying to the ABCMR in essence requesting a referral to the Disability Evaluation System (DES). On his DD form 149, he notes that other mental health issues are related to his requests. He states: “Please change my discharge of service from honorable to medical discharge. I have letter from my commanding office recommending me for a medical discharge due to severe anxiety disorder and depression. I failed to complete my 6-year obligation in the Guard due to my condition while under doctors’ care. Letters and record as per attached. I have been ill all my life. Been hospitalized about 12 times during my life, the last being Jan 1, 2019.” c. The Record of Proceedings details the applicant’s military service and the circumstances of the case. The applicant’s Report of Separation and Record of Service (NGB Form 22) for the period of Service under consideration shows the former drilling Guardsman was honorably discharged from the Texas Army National Guard (TXARNG) on 14 November 1974 under the provisions of paragraph 7-6c of NGR 600-200, Enlisted Personnel Management: Failure to meet retention standards UP of AR 40-501 [Standards of Medical Fitness]. d. From his DD form 293: “Have been ill all my life since grade school. At that time, we were very poor and lived in the projects. Was constantly whipped by parents because of my failure to attend school or any functions. Was completely disabled by social security in 1988. Have been in many mental hospitals. Was last in hospital in, TX, by doctor . in JAN 1 2019 e. From his unit physician’s 3 November 1974 recommendation the applicant be separated for a medically disqualifying condition: “I have reviewed the pertinent medical information regarding the psychiatric care of SP4 [Applicant]. He has been under the care of Dr. during the past several months for a psychoneurotic disorder. Based on my interview with SP4 [Applicant] and on AR 40-501 [Standards of Medical Fitness], Chapter 3, section XV, 3-30, psychoneuroses, I am recommending that he be given a medical discharge as of this date” f. The referenced physician’s “To Whom It May Concern” note is dated 26 September 1974: I have seeing this man since September 10,1974 as a patient. At this time, Mr. [Applicant] is under my professional care, and he suffers Nervous Illness. Mr. [Applicant} is taking the following medication: Etrafon 2- 25 at H.S. [night] Dilantin 100 mg t.i.d. (three times a day] Stelazine 2mg t.i.d. Cogentin 2mg. daily a.m. DIAGNOSIS : Anxiety Neurosis g. Review of his records in JLV shows he has been awarded multiple VA service- connected disability ratings. Though he has been diagnosed with general anxiety disorder and major depressive disorder, neither condition is service connected. There is no evidence in the record either of the mental health conditions were due to his military service, and in fact, the applicant’s statement strongly suggest he had significant mental health issues prior to entering the Army. h. There is no evidence the applicant had any duty incurred medical condition which would have failed the medical retention standards of chapter 3 of AR 40-501, Standards of Medical Fitness, prior to his discharge. Thus, there was no cause for referral to the Disability Evaluation System. i. The DES only compensates an individual 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. j. It is the opinion of the Agency Medical Advisor that a referral of his case to the DES is not warranted. ? 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 regulations. Upon review of the applicant’s petition, available military records and medical review, the Board concurred with the advising official finding referral of his case to the DES is not warranted. The medical opine found no evidence the applicant had any duty incurred medical condition which would have failed the medical retention standards. The Board noted, although the applicant has been diagnosed with general anxiety disorder and major depressive disorder, neither condition is service connected. 2. The Board determined, there is no evidence in the record either of the mental health conditions were due to his military service, and in fact, the applicant’s statement strongly suggest he had significant mental health issues prior to entering the Army. The Board agreed there is insufficient evidence to support correction of his National Guard Bureau (NGB) Form 22, dated 14 November 1974, to show he was discharged due to a physical disability in lieu of failure to meet retention standards. The Board denied relief. 3. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 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, U.S. 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. National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management), chapter 7, in effect at the time, covered in pertinent part, reasons for discharge and separation of enlisted personnel from the State ARNG. Paragraph 7-6r of that regulation provided in pertinent part that individuals can be separated for being medically unfit for retention standards of chapter 3, Army Regulation (AR) 40-501. 3. NGR 600-200 and Army Regulation (AR) 135-178 govern procedures covering enlisted personnel management of the ARNG. Chapter 8 of NGR 600-200 covers, in pertinent part, reasons for discharge and separation of enlisted personnel from the State Army National Guard. Paragraph 8-26(y) of that regulation provides in pertinent part that individuals can be separated for being medically unfit for retention standards of chapter 3, AR 40-501. AR 135-178 states that separation will be accomplished by separation authorities when it has been determined that an enlisted Soldier is no longer qualified for retention by reason of medical unfitness unless the Soldier requests and is granted a waiver under AR 40-501 or NGR 40-501, as applicable, or eligible for transfer to the Retired Reserve. 4. 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 (Disability 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 a Medical Evaluation Board (MEB); when they receive a permanent medical profile rating of 3 or 4 in any factor and are referred by an Military Occupational Specialty (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 Physical Evaluation Board (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. 5. Army Regulation 635-40 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. 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. 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. 6. Army Regulation 40-501 provides information on medical fitness standards for induction, enlistment, appointment, retention, and related policies and procedures. Soldiers with conditions listed in chapter 3 who do not meet the required medical standards will be evaluated by an MEB and will be referred to a PEB as defined in Army Regulation 635–40 with the following caveats: a. U.S. Army Reserve (USAR) or Army National Guard (ARNG) Soldiers not on active duty, whose medical condition was not incurred or aggravated during an active duty period, will be processed in accordance with chapter 9 and chapter 10 of this regulation. b. Reserve Component Soldiers pending separation for In the Line of Duty injuries or illnesses will be processed in accordance with Army Regulation 40-400 (Patient Administration) and Army Regulation 635-40. c. Normally, Reserve Component Soldiers who do not meet the fitness standards set by chapter 3 will be transferred to the Retired Reserve per Army Regulation 140–10 (USAR Assignments, Attachments, Details, and Transfers) or discharged from the Reserve Component per Army Regulation 135–175 (Separation of Officers), Army Regulation 135–178 (ARNG and Reserve Enlisted Administrative Separations), or other applicable Reserve Component regulation. They will be transferred to the Retired Reserve only if eligible and if they apply for it. d. Reserve Component Soldiers who do not meet medical retention standards may request continuance in an active USAR status. In such cases, a medical impairment incurred in either military or civilian status will be acceptable; it need not have been incurred only in the line of duty. Reserve Component Soldiers with non-duty related medical conditions who are pending separation for not meeting the medical retention standards of chapter 3 may request referral to a PEB for a determination of fitness in accordance with paragraph 9–12. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. Title 10, U.S. Code, section 1556 requires the Secretary of the Army to ensure that an applicant seeking corrective action by the Army Review Boards Agency (ARBA) be provided with a copy of any correspondence and communications (including summaries of verbal communications) to or from the Agency with anyone outside the Agency that directly pertains to or has material effect on the applicant's case, except as authorized by statute. ARBA medical advisory opinions and reviews are authored by ARBA civilian and military medical and behavioral health professionals and are therefore internal agency work product. Accordingly, ARBA does not routinely provide copies of ARBA Medical Office recommendations, opinions (including advisory opinions), and reviews to Army Board for Correction of Military Records applicants (and/or their counsel) prior to adjudication. 13. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. Paragraph 2-11 states applicants do not have a right to a formal hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220010413 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1