IN THE CASE OF: BOARD DATE: 14 February 2023 DOCKET NUMBER: AR20220002312 APPLICANT REQUESTS: in effect, the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) - * Block 25 (Separation Authority) - from Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), Chapter 13, to one of the following: AR 635-200, paragraph 5-3, or AR 635-200, paragraph 16-7 * Block 26 (Separation Code) - from "JHJ" to one of the following: "JFF" or "JCC" * Block 27 (Reentry Code) - from "3" to "1" * Block 28 (Narrative Reason for Separation) - from Unsatisfactory Performance to one of the following: Secretarial plenary authority, or Early separation due to reduction in force, strength limitations, or budgetary constraints APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * Online Application and signature page * Self-authored statement, undated * 4 Certificates of training/course completion, 27 January 2012 to 18 June 2012 * Certificate of Achievement, 12 August 2012 * 4 Standard Forms (SF) 600 (Health Record, Chronological Record of Medical Care), from 31 January 2012 to 29 April 2013 * Honorable Discharge Certificate, 12 June 2013 * Official Military Personnel File, 142 pages * Civilian doctor's note, 12 October 2016 * 17 pages of post military school accomplishments,16 January 2015 to 15 April 2021 * 14 pages of post military work appraisals, and certificates of recognition or completion, from 1 March 2017 to 10 June 2020 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: a. His discharge was inequitable and improper due to the unprofessional nature that his Chapter 13 was facilitated. He made great improvements on the two-mile run of the Army Physical Fitness Test (APFT). Despite his improvements his leadership initiated the Chapter 13. b. He went to sick call with complaints of shin splints and was issued a permanent no-running profile. He was also authorized an alternate event for the Army (APFT) two- mile run. He later broke his right thumb from an accident in the motor pool and was issued a temporary profile to limit physical activity during his healing process. He was not granted an opportunity from unit leadership to attempt an alternate event for the APFT. He had a copy of the temporary profiles for the period January through April of 2013, but since, has lost the forms. c. His first line supervisor assured him that the final APFT would not be counted as a record test unless he passed. However, after he failed the APFT, his supervisor counted the test, and made him sign a counseling statement. He was never granted remedial physical training or the opportunity to take an APFT, with the alternate event(s). d. He was misled to the timeline of the chapter process. His unit told him that the chapter paperwork was being administered in late October 2012. Nothing was facilitated until February 2013. He was not aware of his options. His leadership failed to update him. He was never advised or guided by leadership to seek alternatives to avoid the chapter 13 process. e. His unit never considered the option of retention. According to paragraph 1-19 of Army Regulation (AR) 635-200, he could have been reassigned to another unit or had his chapter process suspended/delayed for a period of 12 months. His acting company commander recommended an honorable discharge. His battalion and brigade commanders attempted to remove him from the Army under a general discharge, even though he had no adverse actions. f. The Department of the Army currently utilizes a new physical training test known as the Army Combat Fitness Test (ACFT). After researching current policies and protocols for the new test, he discovered that significant changes regarding standards have taken place. If current policies had been in place during the time that he served, he would have passed the APFT and not been discharged. g. Upon recent review of AR 635-200 he feels that his narrative reason for separation be changed to reflect either Chapter 5: Secretarial Plenary Authority, or Chapter 16-7: Early Separation due to reduction in force, strength, limitations, or budgetary constraints. His rationale is that the Army was undergoing significant drawdown procedures to reduce the force through any means necessary. In his first four months stationed at Fort Drum, he witnessed nearly 40 people undergo discharge proceedings for assorted reasons in his company. Instead of trying to constructively work with soldiers to improve outcomes related to positive retention potential or averting negative administrative separations, his unit separated people as expeditiously as possible in any manner that produced the fastest removal. He also seeks an amendment to his reentry (RE-Code) and separation codes. He has attempted multiple times to enlist in the Army, and other branches only to be turned away. Despite having an RE code which allows him to return with a waiver, most will not consider someone unless they have an RE 1. h. His Official Military Personnel File (OMPF) shows that he was a good Soldier and includes multiple letters of support. His post-service accomplishments further show his capabilities as a productive member of society, community, and country. (See full statement). 3. The applicant enlisted in the Regular Army on 5 July 2011. He completed basic combat and advanced individual training, and was subsequently assigned to Fort Drum, NY on or around 27 December 2011. 3. The applicant provided several certificates which shows completion of the following courses or received accolades: * MAxxPro OPNET Course * M-ATV OPNET Course * 40 hours Drivers Training Course * CR-LOG (MTS) OPNET Course * Certificate of Achievement for being a role player in a training exercise 4. A series of three (3) APFT Scorecards, show he failed a record APFT on the following dates because he did not pass the 2 mile run event: * 4 April 2012 - he completed the 2 mile run event in 20 minutes and 38 seconds and received a score of 0 points. * 27 June 2012 - he completed the 2 mile run event in 16 minutes and 59 seconds and received a score of 48 points. * 17 October 2012 - he completed the 2 mile run event in 17 minutes and 52 seconds and received a score of 32 points. 5. A DA Form 268 (Report to Suspend Favorable Personnel Actions (FLAG)) shows a non-transferrable flag was initiated effective 18 October 2012, for involuntary separation/discharge. 6. Three DA Forms 4856 (Developmental Counseling Form) show he received counseling on 26 October 2012 for failing the APFT on three occasions. The counseling forms show, since his assignment to Fort Drum, the applicant did not pass any of the APFTs, which were administered to him on 4 April 2012, 27 June 2012, and 17 October 2012. The applicant was in remedial PT but was still unable to pass the APFT. a. He would be enrolled in the Special Population Physical Training (PT) Program in addition to the Company's regular PT program and a Suspension of Favorable Personnel Action (FLAG) would be initiated effective the date of noncompliance. b. Soldiers must meet the physical fitness standards (as measured during the Army physical fitness test (APFT)). Soldiers who are unable to meet these standards or the mission-related physical fitness standards required of their duty assignment may be subject to administrative action. (1) Commanders may administer the APFT as often as they wish; however, they must specify beforehand when the results are for record. Active Army Soldiers will take the APFT at least twice each calendar year. A minimum of 4 months will separate record tests if only 2 record tests are given. The intent is for Active Army Soldiers to take a record APFT every 6 months. Mission requirements often prevent the even spacing of record tests. Therefore, commanders are encouraged to test Soldiers for record as close to the record test window as possible. (2) Soldiers who fail a record APFT for the first time or fail to take a record APFT within the required period will be flagged. In the event of a record test failure, commanders may allow Soldiers to retake the test as soon as the Soldier and the commander feel the Soldier is ready. Soldiers without a medical profile will be retested no later than 90 days following the initial APFT failure. (3) Soldiers without medical profiles, who repeatedly fail the APFT, or fail to take the APFT with no authorized waiver within the required time will be barred from re- enlistment or processed for separation from the service. A repetitive failure occurs when a Soldier fails a record test, the Soldier is provided adequate time and assistance to improve their performance, and failure occurs again. c. The applicant and his squad leader were informed that his platoon sergeant would recommend the applicant's separation under the provisions of Army Regulation 635- 200, chapter 13 for unsatisfactory performance. The applicant concurred with the counseling. 7. An APFT Scorecards, dated 30 January 2013 show he failed a record APFT on the following dates because he did not pass the 2 mile run even. He completed the 2 mile run event in 16 minutes and 23 seconds and received a score of 53 points. 8. An SF 600, dated 31 January 2013, which shows, in part, the applicant complained of bilateral shin pain, for two months. He has experienced this same pain before in basic training, it went away and then returned, worsening over the past two months to where about a half mile into a run he begins to experience this shin pain that can get as severe as 9/10 sharp. He states no pain at rest, pain when it does occur can last for up to 30 minutes to an hour and then resolves after stopping aggravating activity. In prior leg injuries, he denies diffuse leg and calf pain, no tingling or numbness felt in the legs, feet, or toes. a. The applicant presented with signs and symptoms consistent with shin splints or possible stress fracture. The applicant was informed that the condition can usually take some time to heal, from six months to a year. The applicant was recommended for a two-month profile. b. The applicant's physical exam also notes fallen arches most likely congenital flat feet which applicant states he has always had. He also has significant bilateral over pronation with the left considerably worse than right. Applicant uses over the counter inserts which he states helps give him support. The applicant’s anatomical finding could be causing his shin pain. 9. A Radiology Report dated 31 January 2012 shows the applicant received x-rays of both legs after complaining of bilateral shin pan for 2 months with running. He had tenderness to palpitations over the distal third medial posterior aspect of his tibias and was assessed for stress reactions. The x-rays revealed no fractures, lesions, dislocations, or bony abnormality. The soft tissues of both legs appeared normal. 10. A DA Forms 4856 show he received counseling on 4 February 2013 for failing the APFT on 30 January 2013. The counseling form informed the applicant he would be removed from participating in unit sports teams, he would be flagged until he could pass the APFT, and he would be barred from reenlistment. He was further informed the failure of two consecutive APFTs could result in separation from the military. a. The applicant received and signed notification of possible separation for continued substandard performance and the squad leader counseling the applicant planned to forward a recommendation to the chain of command to initiation separation actions. b. The applicant agreed with the counseling but stated he had severe shin splints. He states he attempted to work through the pain and even quit smoking two weeks ago. However, the shin splints got worse the more he exercised. He went to the Troop Medical Clinic where x-rays were taken, and he received a 2-month physical profile. 11. An SF 600 dated 21 February 2013 shows the applicant sought and received treatment for sleep issues. 12. A Report of Medical History, Report of Medical Examination, and Report of Medical Assessment dated 11 March 2013 show the applicant received a medical evaluation for the purpose of administrative separation. a. The applicant noted he had sleep issues, he wore arch supports in his shoes and boots, he suffered from shin splints. b. The examining official notes the applicant wore arch supports in shoes for bilateral Pes Planus, he was currently receiving treatment for insomnia through behavioral health and was prescribed medication, and he had bilateral shin splints. The applicant has had no pain since receiving a no running profile on 31 January 2012 and received foot sole. c. The applicant was found qualified for military service. 13. A Report of Mental Status Evaluation, dated 20 March 2013, shows the applicant did not have any behavioral health conditions and was psychiatrically cleared for administrative separation. 14. Two SFs 600, dated 27 March 2013 and 29 April 2013, show the applicant sought and received treatment for a broken thumb. 15. On 11 April 2013, the applicant's commander notified him of the intent to initiate action to separate the applicant under the provisions of AR 635-200, chapter 13, for unsatisfactory performance. The reason for the proposed action was, the applicant, without medical limitation, failed three consecutive APFTs. The commander informed the applicant that he recommended the applicant receive an honorable characterization of service. The commander further informed the applicant he had the following rights: * consult with legal counsel * submit a written statement on his own behalf * obtain copies of all separation documents sent to the separation authority * have his case heard by an administrative separation board * have his case heard by an administrative board if he had 6 or more years of active and reserve service * waive his rights * submit a conditional waiver of rights if he was entitled to have his case heard by and administrative separation board 16. The applicant acknowledged receipt of the commander's notification, and consulted with legal counsel on 18 April 2013. The applicant personally made the following acknowledgements and election of rights: a. He was advised by consulting counsel of the basis for the contemplated action to separate him under AR 635-200, chapter 13, and its effects; of the rights available to him; and of the effect of any action taken by him in waiving my rights. He understood that if he had less than 6 years of total active and reserve service at the time of separation, he was not entitled to have his case heard by an administrative separation board. b. He understood he had the right to consult with military counsel at no expense to himself. He also understood he could seek the advice of civilian counsel at no expense to the Government. Understanding his right to consult with counsel, he elected to take the opportunity to seek advice from military counsel at no charge to further explain the proposed separation and its effects, the rights available; and the effect of any action he took in waiving his rights. c. He understood he had the right to submit statements in his own behalf to his chain of command for their consideration as to whether he should be separated or, if separated, what he characterization of service should be. Understanding his right to submit such statements, he elected the following option submit statements on his own behalf. d. He understood he may expect to encounter substantial prejudice in civilian life if a discharge/character of service that is less than honorable was issued to him. 17. On 23 April 2013, the applicant was issued a permanent level "2" (P-2) profile for his bilateral shin pain. The functional limitations of his profile allowed him to run at his own pace and distance and allowed him to take an alternate APFT event; instead of conducting the 2-mile run he could conduct an APFT walk or bike event. 18. On 24 April 2013, the applicant's immediate commander initiated a formal request to separate the applicant under the provisions of AR 635-200, chapter 13, for unsatisfactory performance, with an honorable characterization of service. The commander stated the request was because the applicant, without medical limitation, failed four consecutive APFTs. 19. The applicant provided a statement on his behalf, dated 25 April 2013, wherein he states, in part, he is being administratively separated under Chapter 13 for unsatisfactory performance. Despite failing the APFT he has not been enrolled into a remedial program. He has made the best efforts on his own to improve his run. Despite his efforts he was unable to pass the APFT. The following character letters were also provided: a. His platoon leader, Second Lieutenant , stated, he was the applicant’s platoon leader for the past three months. The applicant completed every mission given unto him. He aided in running ranges, always arrived on time for duty, and did not lose his military barring in the toughest of situations. The applicant is capable of being groomed into a physically fit Soldier with his new leadership. b. Staff Sergeant (SSG) , stated, applicant always willing to take on any mission, and under his new leadership can be retained and re-trained. c. SSG , stated, he has known the applicant for six months, he is one of the hard workers, and deserves another opportunity. d. SSG stated the applicant is capable of being groomed into a physically fit Soldier with his new leadership. e. Specialist stated the applicant was never afforded the opportunity to improve his running abilities through a remedial PT program until recently. The applicant has an issue regarding his legs, and is currently on profile, and has been only for a short amount of time, considering he has had an issue for quite some time now. This is not a problem that is the fault of the Soldier, it is a failure of previous leadership that did not attempt to assist him, or even realize there was a major issue. He has worked with the applicant for over a year now, and at one point he was his direct line supervisor, or squad leader. Applicant works very hard, volunteers for duties, and is a great contribution to our unit. He does not agree with separating this Soldier from service when he contributes to their day-to-day operations and is able to pass his physical fitness test with an alternate event. f. SM stated, the applicant has not had any negative actions or situations occur, other than an APFT failure, which he could pass if given an alternate event. 20. On 30 April 2013, the applicant's intermediate commander recommended the applicant's separation with an under honorable condition (general) characterization of service. 21. On 1 May 2013, the separation authority approved the discharge action. He directed the applicant's separation under the provisions of AR 635-200, chapter 13 with issuance of a general characterization of service. 22. On 5 May 2013, the DA Form 268, for a non-transferrable flag, effective 18 October 2012, for involuntary separation/discharge, was authenticated. 23. The applicant’s DD Form 214 shows he was honorably discharged on 12 June 2013, after completing 1 year, 11 months, and 8 days of net active service, and includes the following entries: * block 25 - Army Regulation 635-200, Chapter 13 * block 26 - "JHJ" * block 27 - "3" * block 28 - Unsatisfactory Performance 24. There is no indication he petitioned the Army Discharge Review Board for review of his discharge within that board's 15-year statute of limitations. 25. The applicant provides the additional evidence in support of his application to the Board: a. The applicant provides the entirety of his OMPF. b. Faklis Orthopedic Service Patient Records, 18 September 2013, which show, in part, he was evaluated and fit with custom molded foot orthoses to prevent overpronation which caused shin splints. He is able to stand, orbulate, and run without pain. c. Certificate which shows applicant’s completion of the C.N.A. Prep Program, 6 April 2017. d. Certificate which shows applicant’s completion of Assisting with Medication, 1 March 2017. e. Certificate which shows applicant’s completion of training in Aseptic Preparation Process, 21 October 2019. f. Certificate issued by the Mayo Clinic, which shows applicant was recognized for his teamwork, undated. g. A Moffitt Staff Annual Appraisal Form, 2020, which shows, in part, the applicant interacts closely with staff, patients, and guest. His outstanding performance exceeds expectations. h. documentation of his post military school accomplishments, from 16 January 2015 to 15 April 2021, which include: * letters of acceptance and/or academic standing * Associates in Arts Degree * a letter from the * a press release, National Society of Collegiate Scholars * Bachelor of Science Degree * Certificate of Specialization * A veteran student award 26. Regulatory guidance provides action will be taken to separate a Soldier under the provisions of chapter 13 when a Soldier, without medical limitations, has two consecutive failures of the Army physical fitness test, and/or when in the commander’s judgment the individual will not develop sufficiently to participate satisfactorily in further military training and/or become a satisfactory Soldier. The service of Soldiers separated for unsatisfactory performance under this regulation is characterized as honorable or under honorable conditions. 27. The Board should consider the applicant's petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. a. The applicant was honorably discharged on 12 June 2013, after completing 1 year, 11 months, and 8 days of active service, in accordance with AR 635-200, chapter 13 due to unsatisfactory performance. He was assigned Separation Code JHJ and RE Code 3. By regulation, action will be taken to separate a Soldier under the provisions of chapter 13 when a Soldier, without medical limitations, has two consecutive failures of the Army physical fitness test, and/or when in the commander’s judgment the individual will not develop sufficiently to participate satisfactorily in further military training and/or become a satisfactory Soldier. The applicant failed three consecutive APFTs. The Board found no medical limitations. His temporary profile was issued after he had failed three tests and b. The Board noted that regulatory guidance stipulates that Separation Code JHJ is the correct Separation Code assigned to enlisted Soldiers separated under chapter 13 of AR 625-200 due to unsatisfactory performance. Additionally, such Separation Code has a corresponding RE Code of 3. c. Based on a preponderance of evidence, the Board determined that the Narrative Reason for Separation, Separation Code, and RE Code the applicant received upon separation were not in error or unjust. 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. Army Regulation 350-1 consolidates policy and guidance for Army training and leader development and supports a full–spectrum, force projection, expeditionary Army. a. The APFT consists of push–ups, sit–ups, and a 2–mile run, done in that order on the same day. To be considered a record test, these events must be completed within 2 hours from the start of the push–up event until completion of the 2–mile run or alternate aerobic event (see repetition and time guidelines in FM 21–20). Record APFT scores will be annotated on a DA Form 705, APFT Scorecard. b. For Soldiers on a permanent profile or an extended temporary profile (more than 3 months), a record test must include an aerobic event. The only approved aerobic events are the 2–mile run, 800–yard swim, 6.2–mile bike ride (stationary or track), or the 2.5–mile walk. Soldiers on permanent profile or a temporary profile of long duration (more than 3 months) will receive point scores for only those events taken. For example, if a Soldier has a permanent profile for the 2–mile run event and score 70 points in the push–up, 85 points in the sit–up and receives a “GO” for the 2.5–mile Walk, he will receive a score of 155 points in the total score column of the DA Form 705 (see FM 21–20 for APFT scoring). Testing is prescribed for all Soldiers as follows: * The APFT provides an assessment of the physical fitness training program. Physical conditioning or training periods solely devoted toward meeting APFT requirements are discouraged * Commanders may administer the APFT as often as they wish; however, they must specify beforehand when the results are for record * Mission requirements often prevent the even spacing of record tests. Therefore, commanders are encouraged to test Soldiers for record as close to the record test window as possible. c. Soldiers who fail a record APFT for the first time or fail to take a record APFT within the required period will be flagged. In the event of a record test failure, commanders may allow Soldiers to retake the test as soon as the Soldier and the commander feel the Soldier is ready. Soldiers without a medical profile will be retested no later than 90 days following the initial APFT failure. 3. Army Regulation (AR) 635-200, in effect at the time, set policies, standards, and procedures to ensure the readiness and competency of the force while providing for the orderly administrative separation of Soldiers for a variety of reasons. Readiness is promoted by maintaining high standards of conduct and performance. a. Paragraph 5-3 provided separation under this paragraph is the prerogative of the Secretary of the Army. Secretarial plenary separation authority is exercised sparingly and seldom delegated. Ordinarily, it is used when no other provision of this regulation applies, and early separation is clearly in the best interest of the Army. (1) Separations under this paragraph are effective only if approved in writing by the Secretary of the Army or the Secretary’s approved designee as announced in updated memorandums. Secretarial separation authority is normally exercised on a case-by-case basis but may be used for a specific class or category of Soldiers. (2) Unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the Government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. b. Chapter 13 (Separation for Unsatisfactory Performance), provided, a Soldier may be separated per this chapter when it is determined that they are unqualified for further military service because of unsatisfactory performance. (1) Commanders will separate a Soldier for unsatisfactory performance when it is clearly established, in part, that: (1) In the commander’s judgment, the Soldier will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier; and/or (2) The circumstances forming the basis for initiation of separation proceedings will likely continue or recur; and/or (3) The Soldier’s ability to perform duties effectively is unlikely; and/or (4) The Soldier’s potential for advancement or leadership is unlikely. (2) Initiation of separation proceedings is required for Soldiers without medical limitations who have two consecutive failures of the Army physical fitness test. Before initiating separation action against a Soldier, commanders will ensure that the Soldier has received adequate counseling and rehabilitation. Because military service is a calling different from any civilian occupation, a Soldier should not be separated when unsatisfactory performance is the sole reason for separation unless there have been efforts at rehabilitation. (3) The service of Soldiers separated because of unsatisfactory performance will be characterized as honorable or under honorable conditions as warranted by their military records. c. Paragraph 16-17 (Early separation due to reduction in force, strength limitations, or budgetary constraints) provided Soldiers may be separated prior to expiration of enlistment or fulfillment of active duty obligation when specifically authorized as set forth below. (1) When authorization limitations, strength restrictions, or budgetary constraints require the Regular Army (RA) or Reserve Component (RC) active duty enlisted force to be reduced in number, the Secretary of the Army, or their designee, may authorize voluntary or involuntary early separation. (2) Commander, USA HRC (for RA) will implement the Secretarial decision by issuing separation instructions pertaining to a specific class or category of Soldiers. Soldiers to whom this paragraph applies will be notified of early separation through appropriate channels. Notification will be based upon information and instructions furnished by USA HRC implementation instructions. Soldiers separated under this paragraph will be discharged or released from active duty, as appropriate. Specific separation dates will be as prescribed in USA HRC implementation instructions. (3) The service of Soldiers separated under this paragraph will be characterized as honorable, except when an uncharacterized description of service is required for Soldiers in entry-level status. 4. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) and the Separation Program Designator/Reentry Codes Cross Reference Table, in effect at the time, prescribed the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the separation program designator (SPD) codes to be entered on DD Form 214. The regulation provided: a. Separation under the provisions of Army Regulation 635-200, paragraph 5-3 receive the narrative reason "Secretarial Authority," the SPD code "JFF," and RE code of "TBD." [Currently, a code of "1" is normally used with an honorable characterization of service.] b. Separation under the provisions of Army Regulation, 635-200, chapter 13 receive the narrative reason "Unsatisfactory Performance," the SPD code "JHJ," and RE-3." c. Separation under the provisions of Army Regulation, 635-200, paragraph 16-7 receive the narrative reason "Reduction in Force," the SPD code "JCC," and the reentry code of "TBD." 5. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court- martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. 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 based on equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. 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) AR20220002312 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1