IN THE CASE OF: BOARD DATE: 24 February 2023 DOCKET NUMBER: AR20220002405 APPLICANT REQUESTS: an upgrade of his uncharacterized discharge to an honorable. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 15 November 2021 * Outpatient Medical Records, 27 November 2018, 27 February 2019, and 25 February 2021 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, in effect, a. He suffered from undiagnosed anxiety and depression at the time of his separation. He was a good Soldier in an honor platoon at basic training. He did not cause problems and never held up his platoon. b. He was unable to pass the final Army Physical Fitness Test requirement for pushups. Others who did not meet the requirement were given waivers while he was not and he could not accept it. c. He was put on medication for mental illness and is still on medication. 3. The applicant provides copies of: a. His application with his self-authored statement. b. Outpatient medical documents showing he underwent a psychological evaluation in 2019 for a disability determination. This evaluation shows he was suffering from anxiety and depression, he was prone to stress, and he was prescribed multiple medications. c. Medical documents produced in 2018 and 2021 showing he was treated for anxiety. 4. A review of the applicant's service records shows: a. On 16 August 1985, he enlisted in the U.S. Army Reserve for a period of 8 years at age 22. b. On the same date, he was ordered to active duty (AD) for initial active duty training (IADT) at Fort Jackson, SC, with a reporting date of 17 October 1985. c. On 17 October 1985, he was assigned to A Company, 8th Battalion, 2nd Basic Training Brigade, Fort Jackson, for Basic Combat Training (BCT). d. He received General Counseling (DA Form4856-R): * on 23 October 1985, for being overweight * on 3 November 1985, for not meeting the minimum standards in the push-up event of the APFT * on 17 November 1985, to notify him he was recommended to pass into Phase II of BCT * on 27 November 1985, to notify him he was recommended to pass into Phase III of BCT e. A memorandum from the Brigade physician, 13 December 1985, shows a medical waiver was requested on the push-up event of the APFT, in order to clear him to ship to Advanced Individual Training. f. An APFT scorecard, 15 December 1985, shows his push-up event was waived by profile and his test was incomplete. g. A record of informal counseling from the company sergeant first class shows he did not meet the minimum standard on his end of course APFT and his medical waiver was disapproved. He had a profile on the push-up section which was causing an incomplete in the training. He was instructed to meet a minimum of 30 good push-ups upon his return from leave for an APFT retest. h. An APFT scorecard, 13 January 1986, shows he did not meet the minimum number of push-ups required and this test was 'No Go.' i. On 21 January 1986, he was counseled for failing to meet the minimum standard on his APFT end of course test. This counseling further noted he did not believe he would be able to pass the APFT and wanted out of the Army as soon as possible. j. On 27 January 1986, the Liaison Noncommissioned Officer, A Company, recommended his immediate entry level separation (ELS) from the Army because he did not show motivation to train. The applicant responded in writing, saying he felt he showed respect for his superiors at all times when or not he agreed with them. k. On 27 January 1986, his company commander notified him of his intention to recommend his separation under provisions of chapter 11, Army Regulation 635-200 (Personnel Separations – Enlisted Separations) under the Trainee Discharge Program and he notified him of his rights. The specific reasons for his proposed actions were inability to meet minimum standards of the APFT and failure to adapt socially to military life. He understood that he had a right to consult with consulting counsel or obtain civilian counsel at his own expense; he had the right to obtain copies of documents that would be sent to the separation authority supporting the proposed separation; he had a right to request a separation physical; and he had a right to submit statements in his own behalf. l. On 28 January 1985, he acknowledged notification of his company commander's proposal to recommend his separation and he elected his rights. He waived his right to consultation with counsel, he waived his right to make statements in his own behalf, and he waived his right to request a separation physical and to obtain copies of the documents being sent to the separation authority. m. On 28 January 1986, his commander recommended his discharge under the under the provisions of Army Regulation 635-200, chapter 11-Trainee Discharge Program. He noted his substandard performance and inability to meet minimum standards based on lack of physical aptitude and failure to adapt socially to military life. n. On the same date, his intermediate commander recommended his discharge and forwarded his recommendation to the approval authority. o. On 30 January 1986, the separation authority approved his discharge under the provisions of Army Regulation 635-200, chapter 11-trainee discharge program, and waived his reassignment for rehabilitation purposes. His character of service was uncharacterized. p. On 7 February 1986, he was discharged. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was separated under provisions of Army Regulation 635-200, chapter 11-3a, by reason of entry level status performance and conduct with service as uncharacterized (Separation Code JGA, Reentry Code 3). He completed 3 months and 21 days of net active service. His grade/pay grade was shown as private/E-1. 5. There is no evidence indicating he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. 6. MEDICAL REVIEW: a. The applicant is applying to the ABCMR requesting an upgrade of his uncharacterized discharge to honorable. He contends his separation was associated with other mental health issues. 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 into the U.S. Army Reserve on 16 August 1985 and reported to Fort Jackson SC for Basic Combat Training on 17 October 1985; 2) He received counseling for being overweight on 23 October 1985 and for not meeting minimum standards in the push-up event of the APFT; 3) A memorandum from the Brigade physician, dated 13 December 1985, shows a medical waiver was requested on the push-up event of the APFT, in order to clear the applicant to ship to Advanced Individual Training; 4) An APFT scorecard, dated 15 December 1985, shows his push-up event was waived by profile and his test was incomplete 5) A record of informal counseling showed the company SFC met with the applicant, informed him that he did not meet the minimum push-up standard, and that his medical waiver had been disapproved. The SFC further informed the applicant he would have to meet the minimum standard of 30 push-ups upon his return from leave; 6) An APFT scorecard, 13 January 1986, shows he did not meet the minimum number of push-ups required and this test was 'No Go’’; 7) On 21 January 1986, he was counseled for failing to meet the minimum standard on his APFT end of course test. This counseling further noted the applicant did not believe he would be able to pass the APFT and wanted out of the Army as soon as possible; 8) On 27 January 1986, his company commander notified him of his intention to recommend his separation under provisions of chapter 11 of AR 635-200; 9) On 7 February 1986, he was discharged. His DD Form 214 shows he was separated under provisions of AR 635-200, chapter 11-3a, by reason of entry level status performance and conduct with service as uncharacterized c. A review of the electronic military medical record (AHLTA) was not conducted as the system was not in use during the applicant’s time in service. No hard copy BH- related military medical records were provided for review. A review of the VA electronic medical record (JLV) was void of any treatment history for the applicant and he does not have a service-connected disability. The applicant provided hard copy civilian medical records to include a Psychological Evaluation, dated 28 February 2019, that showed the applicant was diagnosed with Panic Disorder, Generalized Anxiety Disorder, and Major Depressive Disorder current. The applicant also provided documentation of being diagnosed and treated for Anxiety and Depression in 2018 and 2021. It should be noted that neither document referenced symptoms onset nor diagnoses being related to military service and the applicant provided no other evidence showing a service- connection. d. The applicant contends his misconduct was related to other mental health issues. He provided documentation from civilian providers showing he was diagnosed with Panic Disorder, Generalized Anxiety Disorder, and Major Depressive Disorder current in 2019 and diagnosed and received treatment for Anxiety and Depression in 2018 and 2021. The provided documentation is void of a reference to symptom onset occurring during military service or that the diagnoses are service-related. The document dated 28 February 2019 appears to suggest the applicant’s Panic Attacks began approximately 20 years prior to the date of the encounter and were related to the applicant’s diagnosis of HIV. Other documents are void of likely symptom onset period. There is no evidence the applicant was suffering from a behavioral health condition during his time of service. Additionally, even if the applicant’s contention of other mental health issues is taken as factual, a BH diagnosis not meeting referral to IDES would not preclude separation under provisions of AR 635 – 200, Chapter 11. Records suggest the applicant separation was proper and equitable. e. Based on the available information, it is the opinion of the Agency BH Advisor that there is no evidence in the records that the applicant had a condition or experience that mitigated his misconduct. However, he contends his misconduct was related to other mental health issues and per Liberal Consideration guidance his contention is sufficient to warrant the Board’s consideration. Kurta Questions: (1) Does any evidence state that the applicant had a condition or experience that may excuse or mitigate a discharge? Yes. The applicant contends his misconduct was associated with other mental health issues. He also provided documentation from civilian providers showing he was diagnosed with Panic Disorder, GAD, and MDD between 2018 through 2021. It should be noted that no documentation associated the applicant’s symptom onset or diagnoses with military service. (2) Did the condition exist or experience occur during military service? Yes. (3) Does the condition or experience actually excuse or mitigate the discharge? No. The applicant contends his misconduct was related to other mental health issues. He provided documentation from civilian providers showing he was diagnosed with Panic Disorder, Generalized Anxiety Disorder, and Major Depressive Disorder current in 2019 and diagnosed and received treatment for Anxiety and Depression in 2018 and 2021. The provided documentation is void of a reference to symptom onset occurring during military service or that the diagnoses are service-related. The document dated 28 February 2019 appears to suggest the applicant’s Panic Attacks began approximately 20 years prior to the date of the encounter and were related to the applicant’s diagnosis of HIV. Other documents are void of likely symptom onset period. There is no evidence the applicant was suffering from a behavioral health condition during his time of service. Additionally, even if the applicant’s contention of other mental health issues is taken as factual, a BH diagnosis not meeting referral to IDES would not preclude separation under provisions of AR 635 – 200, Chapter 11. Records suggest the applicant separation was proper and equitable. BOARD DISCUSSION: The Board carefully considered the applicant’s request, supporting documents, evidence in the records, and published DoD guidance for liberal consideration of discharge upgrade requests. The Board considered the applicant's statement, the applicant's record of service, the frequency and nature of the applicant's misconduct and the reason for separation. The applicant was separated under the trainee discharge program with an uncharacterized discharge, after completing 3 months and 21 days of active service. He did not complete initial entry training and was not awarded an MOS. 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. As such, his DD Form 214 properly shows his service as uncharacterized. The Board reviewed and agreed with the medical advisor’s finding no evidence in the records that the applicant had a condition or experience that mitigated his performance/misconduct. Based on a preponderance of evidence, the Board determined that the character of service the applicant received upon separation was not in error or unjust. ? 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, United States 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 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. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), 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. a. An honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the soldier'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. Chapter 11 provides guidance for the separation of personnel because of unsatisfactory performance, or conduct (or both) while in an entry level status. Chapter 11-3a applies to Soldiers who were voluntarily enlisted in the Regular Army, Army National Guard, or U.S. Army Reserve are in an entry level status and, before the date of the initiation of separation actions, have completed no more than 180 days of creditable continuous active duty or initial active duty training; and have demonstrated they cannot or will not adapt socially or emotionally to military life. c. Paragraph 11-6. Type of Separation. Entry level status-uncharacterized is used for separation per this chapter. d. For ARNG and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR. For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training. For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220002405 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1