IN THE CASE OF: BOARD DATE: 19 July 2023 DOCKET NUMBER: AR20220012087 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his uncharacterized discharge as under honorable conditions (general). Additionally, he requests an 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 From 214, ending on 6 October 1992 * Department of Veterans Affairs (VA) Benefits letter 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 was separated from the Army due to an injury. He was not provided a DD Form 214 upon separation, and he did not find a copy until June 2021 showing the error. He filed a claim with the VA, it was approved, and he provided the documentation that shows his discharge as uncharacterized with the reason for separation as personality disorder. He believes that the VA letter proves his discharge should say "under honorable conditions". He would like a new DD Form 214 with the correct characterization of service. 3. The applicant enlisted in the Regular Army on 25 August 1992 for 2 years and 22 weeks. He did not complete training and was not awarded a military occupational specialty. 4. A DA Form 3822-R (Report of Mental Status Evaluation), dated 21 September 1992, shows the applicant was evaluated by a psychiatrist and diagnosed with a personality disorder, not otherwise specified. It was noted that his maladaptive pattern of behavior reflected a long standing, deeply ingrained personality disorder and that further rehabilitative efforts were unlikely to have a beneficial effect on him. This diagnosis did not warrant discharge through medical channels. He was determined to be mentally capable to understand and participate in the proceedings deemed appropriate by command. 5. The applicant received formal counseling on 23 September 1992, for proposed separation under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) based on personality disorder. 6. The applicant's immediate commander initiated separation actions on 23 September 1992, under the provisions of Army Regulation 635-200, paragraph 5-13, for personality disorder and recommended the applicant be separated with an uncharacterized discharge. The commander also advised the applicant of his rights and options. 7. The applicant waived his right to a separation medical examination on 23 September 1992. 8. The applicant acknowledged the proposed separation and voluntarily consented to separation. He acknowledged that he had been advised of and understood the rights available to him. He elected not to provide a statement in his own behalf. 9. The applicant’s commander formally recommended his separation from service under the provisions of Army Regulation 635-200, Chapter 5. The separation authority approved the separation recommendation on 25 September 1992, for personality disorder with an uncharacterized entry level separation. 10. The applicant was discharged accordingly on 6 October 1992. The DD Form 214 he was issued shows he was discharged under the provisions of Army Regulation 635- 200, paragraph 5-13, by reason of personality disorder. He was credited with 1 month and 12 days of net active service. His service was uncharacterized. 11. Soldiers are considered to be in an entry-level status when they are within their first 180 days of active-duty service. The evidence of record shows the applicant was in an entry-level status at the time of her separation. An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service. It simply means the Soldier was not in the Army long enough for his or her character of service to be rated as honorable or otherwise. 12. The applicant provides a VA benefits letter showing that the VA considered his service to be "Under Honorable Conditions" and afforded him a 20 percent disability rating. 13. In determining whether to grant relief the Boards for Correction of Military/Navy Records (BCM/NR) can consider the applicant’s petition, arguments and assertions, and service record in accordance with the published equity, injustice, or clemency guidance. 14. MEDICAL REVIEW: a. The applicant is applying to the ABCMR requesting a change to his discharge from uncharacterized to under honorable conditions (general). He contends he was discharged due to a personality disorder. b. The specific facts and circumstances of the case can be found in the ABCMR Record of Proceedings (ROP). Pertinent to this advisory are the following: 1) The applicant enlisted in the Regular Army on 25 August 1992; 2) The applicant did not complete initial training. He instead was recommended for discharge due to a personality disorder; 3) The applicant was discharged on 6 October 1992, Chapter 5-13, personality disorder. His service was uncharacterized. c. The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting documents and the applicant’s military service and medical records. The VA’s Joint Legacy Viewer (JLV) was also examined. No additional civilian documentation was provided. d. The applicant asserts his discharge should be changed to under honorable conditions. The applicant was provided a Mental Status Exam on 21 September 1992, and he was diagnosed with a personality disorder. However, he was deemed to be mentally capable to understand and participate in the separation proceedings. A review of JLV was void of any documentation related to a mental health condition. The applicant receives no service-connected disability for a mental health condition. e. Based on the available information, it is the opinion of the Agency BH Advisor that there is sufficient evidence to support the applicant had condition or experience that partially mitigates his discharge. Kurta Questions (1) Did the applicant have a condition or experience that may excuse or mitigate the discharge? Yes, the applicant was diagnosed with a personality disorder while in initial training. (2) Did the condition exist or experience occur during military service? Yes, the applicant was diagnosed with a personality disorder while on active service. (3) Does the condition experience actually excuse or mitigate the discharge? Partially, there is sufficient evidence the applicant was diagnosed with a personality disorder and recommended for discharge from the Army due to the nature of this condition. Due to the limited time the applicant was enlisted, the uncharacterized nature of service is appropriate. However, it is recommended change his narrative reason for separation to "Secretarial Authority.” BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was 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, and published Department of Defense guidance for liberal and clemency determinations requests for upgrade of his characterization of service. 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. Upon review of the applicant’s petition, available military record and medical review, the Board concurred with the advising official there is sufficient evidence to support the applicant had condition or experience that partially mitigates his discharge. 2. Based on the advisory opine, the Board agreed there is sufficient evidence the applicant was diagnosed with a personality disorder and recommended for discharge from the Army due to the nature of this condition. The Board noted the applicant did not complete training and due to the limited time, the applicant was enlisted, the uncharacterized nature of service is appropriate. However, the Board found sufficient evidence to support a change to the applicant’s narrative reason for separation to read Secretarial Authority based on current regulatory guidance. Therefore, the Board granted partial 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 :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 for the period ending 6 October 1992 to show in item 28 (Narrative Reason for Separation) Secretarial Authority. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to upgrade of the applicant’s uncharacterized discharge to under honorable conditions (general). 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. Title 10, U.S. Code, Section 1556, provides the Secretary of the Army shall ensure that an applicant seeking corrective action by ARBA is provided a copy of all correspondence and communications, including summaries of verbal communications, with any agencies or persons external to agency or board, or a member of the staff of the agency or Board, that directly pertains to or has material effect on the applicant's case, except as authorized by statute. 3. 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 ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 4. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. 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. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. c. A separation would be described as entry level with uncharacterized service if processing was initiated while a Soldier was in an entry-level status, except when: (1) a discharge under other than honorable conditions was authorized, due to the reason for separation and was warranted by the circumstances of the case; or (2) the Secretary of the Army, on a case-by-case basis, determined a characterization of service as honorable was clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization was authorized when the Soldier was separated by reason of selected changes in service obligation, for convenience of the government, and under Secretarial plenary authority. d. Paragraph 5-13 establishes policy and prescribes procedures for separating members for personality disorder (not amounting to a disability under Army Regulation 635-40), a deeply ingrained maladaptive pattern of behavior which interferes with the individual's ability to perform. Prior counseling with a view to correcting deficiencies is mandatory. A diagnosis by a psychiatrist is required. Separation under this paragraph may not be used in lieu of disciplinary action solely to spare a Soldier who has committed serious acts of misconduct. An honorable discharge is issued unless an entry level separation is required. e. The character of service for Soldiers separated under this provision would normally be honorable but would be uncharacterized if the Soldier was in an entry-level status. An uncharacterized discharge is neither favorable nor unfavorable; in the case of Soldiers issued this characterization of service, an insufficient amount of time would have passed to evaluate the Soldier's conduct and performance. 5. Army Regulation 40-501 (Standards of Medical Fitness) provides medical fitness standards for retention and separation. Chapter 3 provides the various medical conditions and physical defects that render individuals unfit for further service. Personality disorders may render individuals administratively unfit rather than unfit due to physical disability. Interference with effective performance of duty in association with these conditions is to be dealt with through appropriate administrative channels. 6. 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 determination or entitlement to care does not establish an error or injustice on the part of the Army. 7. The Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and 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.) AR20220012087 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1