IN THE CASE OF: 

		BOARD DATE: 22 February 2023

		DOCKET NUMBER: AR20220004624


APPLICANT REQUESTS: in effect, entitlement to the Purple Heart and an upgrade of 
his characterization of service to honorable.

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Personal narrative, undated
*	Standard Form (SF) 600 (Medical Record-Chronological Record of Medical 
Care), 9 and 10 November 2005
*	DD Form 214 (Certificate of Release or Discharge from Active Duty), 12 May 
2006
*	Memorandum, from Master Sergeant (MSG)  (Retired), Subject: Wartime incident 
/ injury involving applicant..., undated
*	Letter from the Department of Veterans Affairs (VA), 3 March 2022
*	a list of disability ratings
*	Congressional Privacy Release and Constituent Information Form, 7 March 2022
*	Email, Member of Congress, 11 January 2023

FACTS:

1.  The applicant did not file within the three-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.  There is no evidence that the applicant has exhausted all his administrative 
remedies in regard to his request for award of the Purple Heart. As such, this portion of 
his request will not be addressed in this Record of Proceedings. Award of the Purple 
Heart. The applicant must first apply to the U.S. Army Human Resources Command 
(AHRC) in letter format to the following address: Commander, Army Human Resources 
Command, ATTN: AHRC-PDP-A (ADB), 1600 Spearhead Division Ave, Fort Knox, KY  
40122-5408. He also has the option of emailing his request to: 
(usarmy.knox.hrc.mbx.tagd-awards@mail.mil). The request to AHRC should include a 
copy of the applicant's DD Form 214 and any other documentation supporting the 
request.

3.  The applicant indicates his request is related to post-traumatic stress disorder 
(PTSD), traumatic brain injury (TBI) and his mental health, and he states he sustained 
injuries during Operation Iraqi Freedom when his vehicle was struck by a mortar which 
resulted in a TBI. His combat injuries led to his dismissal from the military and upon 
arriving home from his deployment, he sought medical treatment. He has been 
diagnosed with PTSD, TBI and he has other symptoms related to his head trauma.

4.  The record shows the applicant enlisted in the Regular Army on 22 March 1999 for a 
period of three years. 

5.  Permanent Orders (PO) 243-328, Headquarters, U.S. Army Infantry Center, Fort 
Benning, GA, dated 31 August 1999, awarded him the Parachutist Badge.

6.  An Army Commendation Medal Certificate shows, Orders Number 157-03, published 
by Headquarters, 3rd Special Forces Group (Airborne), Fort Bragg, NC, on 6 June 
2002, awarded him the Army Commendation Medal for service from 11 February 2022 
to 15 May 2002.

7.  A DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military 
Justice (UCMJ), the applicant accepted nonjudicial punishment (NJP) on 5 August 
2003, for failing to go at the time prescribed to his appointed place of duty on 28 May 
2003, 21 July 2003, and 28 July 2003.

8.  A DA Form 2627-1 (Summarized Record of Proceedings Under Article 15, UCMJ, 
shows he accepted NJP on 9 June 2004 for failing to go at the time prescribed to his 
appointed place of duty on 2 June 2004, 3 June 2004, and 8 June 2004.

9.  He reenlisted on 1 April 2005 for a period of six years. The highest rank/grade he 
held was specialist/E-4.

10.  A DA Form 638 (Recommendation for Award) and accompanying certificate show, 
Permanent Orders Number 165-95, published Headquarters, 10th Special Forces 
Group (Airborne), Fort Carson, CO, on 14 June 2005, awarded him the Army 
Commendation Medal (2nd Award).

11.  An SF 600, medical record, shows he was treated on 9 November 2005 and 
10 November 2005 for a headache, which was the result of a mortar explosion. He 
stated, "it landed on the hood of our truck." He denied nausea, vomiting, dizziness or 
vision problems. He reported a slight ringing in his right ear. He was given pain 
medication and returned to duty.
12.  His Enlisted Record Brief does not list any overseas or deployment combat 
assignments. However, the Defense Finance Accounting Service confirmed the 
applicant completed multiple periods of foreign service totaling (1 year, 8 months, and 
29 days) in Afghanistan and Iraq between March 2003 and January 2006, to include the 
following periods:

*	Iraq - 30 March 2003 - 31 March 2003 (2 days)
*	Iraq - 5 April 2003 - 31 May 2003 (1 month and 27 days)
*	Afghanistan - 26 September 2003 - 30 January 2004 (4 months and 5 days)
*	Afghanistan - 17 June 2004 - 4 December 2004 (5 months and 18 days)
*	Iraq - 1 April 2005 - 30 April 2005 (1 month)
*	Iraq - 1 May 2005 - 7 January 2006 (8 months and 7 days)

13. [Note: DFAS only verifies receipt of hostile fire/imminent danger pay. DFAS does 
not verify inclusive dates of deployed service or deployment locations beyond the first 
qualifying country (e.g., Kuwait versus Iraq). DFAS pay records are not considered 
"source documents," but may be considered as supporting documents leading to a 
preponderance of evidence. A second source document is required].

14.  On 17 February 2006, the applicant received a General Officer Memorandum of 
Reprimand, 24 February 2006, for being arrested for driving while impaired.

15.  As part of his separation processing in accordance with Army Regulation (AR) 
635-200, Active-Duty Administrative Enlisted Separation, the applicant completed a 
mental status and physical examination.

	a.  On 23 March 2006, a psychologist diagnosed the applicant with alcohol abuse. 
The applicant denied suicidality and/or homicidally. His potential for going absent 
without leave (AWOL), harming himself, and harming others was minimal. The applicant 
was psychiatrically cleared for any administrative action deemed appropriate by his 
command. 

	b.  On 28 March 2006, having found no significant defects, a military physician found 
the applicant qualified for service.

16.  On 4 April 2006 - 

	a.  The applicant's immediate commander notified the applicant of his intent to 
initiate action to separate him in accordance with AR 635-200, Chapter 14-12b for 
patterns of misconduct which included: being arrested for driving while impaired, 
counseled for failing to report on eight occasions, receiving two Article 15's for failing to 
report, and being involved in an alcohol related incident where he punched a superior 
noncommissioned officer. His commander recommended the applicant's service be 
characterized as either honorable or under honorable conditions (general).

	b.  He was advised of the basis for the contemplated actions to separate him and of 
the rights available to him. He acknowledged receipt and waived his right to have his 
case considered by, or to personally appear before, an administrative separation board. 
He further indicated that he would submit statements on his own behalf and elected to 
waive representation by counsel. His statement is not filed in the record.

	c.  He acknowledged that he could expect to encounter substantial prejudice in 
civilian life if he received a general discharge under honorable conditions. He further 
understood that if received a discharge/character of service which was less than 
honorable he could make application to the Army Discharge Review Board (ADRB) or 
the ABCMR for upgrading: however, he realized that an act of consideration by either 
board did not imply that his discharge would be upgraded. 

17.  On 11 April 2006, the applicant's immediate commander formally recommended the 
applicant's separation from service, under the provisions of AR 635-200, Chapter 14-
12b, patterns of misconduct.

18.  On 13 April 2006, the separation authority approved the recommended discharge 
and directed the applicant's service be characterized as under honorable conditions, 
general.

19.  The applicant was discharged on 12 May 2006. His DD Form 214 confirms he was 
discharged under the provisions of AR 635-200, paragraph 14-12b, pattern of 
misconduct. He completed 7 years, 1 month, and 21 days of net active service. His 
service was characterized as under honorable conditions (general).

20.  The applicant provides:

	a.  A witness statement from his former Operations Sergeant. This witness stated 
that while on a routine combat patrol in Iraq their base came under enemy attack from a 
barrage of incoming mortars and small arms fire. During this attack a mortar round 
landed on the hood of the applicant's armored vehicle that was within five feet of where 
the applicant was occupying a dismounted static security position overwatching friendly 
personnel. The applicant was treated at the Forward Operating Base for a possible 
concussion and overpressure injuries associated with incoming mortar round 
explosions. The witness further stated that he personally removed the applicant from 
duty at the advice of the Special Forces Medical Sergeant due to a decrease in 
cognizant functions, prolonged headaches and ringing in his ears. The austere 
conditions often prevented the accurate annotation of medical issues, injuries and 
incidents in the medical record.
	b.  VA disability documents which show the applicant has been granted a disability 
rating for several of his service-connected conditions to include PTSD, major 
depression and alcohol abuse disorder (50%), and TBI (40%).

21.  The Board should consider the applicant's statement and overall military service in 
accordance with the published equity, injustice, or clemency determination guidance.

22.  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.

23.  MEDICAL REVIEW:

   a.  The applicant is applying to the ABCMR requesting an upgrade of his discharge to 
honorable and entitlement to a Purple Heart.

   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 ROP indicates he has not exhausted administrative remedies in regard to 
Purple Heart and thus the request will not be addressed in proceedings.
(2)	Otherwise, his request is associated with PTSD and TBI sustained during OIF, in 
which his vehicle was struck by a mortar resulting in TBI.  He has subsequently 
been diagnosed with PTSD, TBI, and has other symptoms of head trauma.
(3)	He enlisted on 22 March 1999.
(4)	Records indicate he accepted NJP for failing to go at the prescribed time and 
place of duty on 28 May 2003, 21 July 2003, and 28 July 2003.
(5)	Additional records show NJP for failing to at the time prescribed to his place of 
duty on 2 June 2004, 3 June 2004, and 8 June 2004.
(6)	SF600 shows he was treated on 9 and 10 November 2005 for headache as 
result of mortar explosion on hood of his vehicle. He was given pain meds and 
RTD.
(7)	ERB does not list any overseas or deployment combat assignments. DFAS 
records show multiple periods of foreign service to include:
a.	Iraq 30-31 March 2003
b.	Iraq 5 April-31 May 2003
c.	Afghanistan 26 September 2003 – 30 January 2004
d.	Afghanistan 17 June 2004 -- 4 December 2004
e.	Iraq 1 April 2005 – 30 April 2005
f.	Iraq 1 May 2005 to 7 January 2006
(8)	In February 2006 he received a General Officer Memorandum of Reprimand for 
being arrested for driving while impaired.
(9)	On 23 March 2006 in the context of a mental status evaluation for administrative 
separation, a psychologist diagnosed applicant with alcohol abuse and he was 
cleared for administrative action. On 28 March 2006 a military physician found 
him qualified for service.
(10)	On 4 April 2006 he was notified of intent to separate IAW AR 635-200 
Chapter 14-12b for patterns of misconduct.  Offenses included being arrested for 
driving while impaired; failure to report on 8 occasions, 2 Article 15 for failure to 
report, and an alcohol related incident in which he punched a superior NCO.
(11)	He was discharged on 12 May 2006 under AR 635-200 14-12b, patterns of 
misconduct, under honorable conditions (general).
    c.  Supporting Documents

All supporting documents reviewed.  Lack of citation or discussion in this section should 
not be interpreted as lack of consideration.  DD Form 149 references PTSD, TBI, and 
other mental health associated with application.

Personal statement describes incident on or about 5 November 2005 in which a mortar 
round landed on the hood of his up-armored vehicle, at which time he reports LOC for 
up to 10 minutes. Upon return to FOB Courage, he and 2 others were put on medical 
hold for up to 14 days assessment. Chronological Record of Medical Care dated 10 
November 2005 indicates complains of headache x3 days, had originally been seen day 
prior, and describes the mortar impact on hood of vehicle.  The record does not appear 
to reference limited duty. A subsequent statement from MSG (Ret.) who identifies 
himself as a retired operations sergeant, indicates he took applicant off duty at the 
advice of the SF Medical Sergeant after this incident. He reminds the reader of the 
difficulty in maintaining proper medical records in an austere environment and the 
culture of (not) seeking medical care within the operational community. 

Report of Mental Status evaluation dated 23 March 2006 from an Active Duty US Army 
psychologist, O-4, was reviewed.  Applicant was diagnosed with alcohol abuse, noted to 
meet medical retention standards, and cleared for administrative action. Report of 
Medical Examination 28 March 2006 indicated “no significant findings” and cleared SM 
for separation.

Memorandum for Commander dated 11 April 2006 outlines offenses associated with 
recommendation for Chapter 14-12b separation for patterns of misconduct.  

(1)	Arrest 17 February 2006 for driving while impaired.
(2)	Counseled for failure to report 8 times between 7 August 2002 and 8 June 
2004.
(3)	Article 15 for failure to report on 5 August 2003 and 9 June 2004.
(4)	Alcohol related incident January 2004 in which he punched a hole in a glass 
door and punched a superior non-commissioned officer.
    d.  AHLTA

The Army electronic medical record, AHLTA, was reviewed. The use of AHLTA as a 
medical record only partially overlapped the applicant’s service. Review of problem 
list/diagnosis history includes, relevant to this advisory, alcohol abuse.  There is no 
evidence of any treatment-related contact with mental health or specific references to 
TBI and associated consequences.  On 23 March 2006, he was evaluated by an active-
duty Army psychologist (O-4) for MSE associated with Chapter 14 discharge for 
“multiple alcohol incidents.” He was diagnosed with alcohol abuse and cleared for 
administrative action.  There was no reference to a history of significant psychiatric 
symptoms other than an approximately one-year history of poor sleep, nor reference to 
a history of TBI.

    e.  JLV

Available VA records were reviewed via JLV.  Records indicate applicant is 40% service 
connected for TBI and 50% service connected for PTSD.  This VA mental health 
records are extensive and will not be exhaustively summarized. Compensation and 
Pension Evaluation dated 11 September 2014 references diagnosis of PTSD as 
previously diagnosed on exam of January 2014; evaluation also references ongoing 
sequelae of TBI as evidenced by moderate memory problems, problems with visual and 
spatial orientation, tinnitus, dizziness, and migraines. The evaluation cites numerous 
deployments to include Bosnia, Kenya, Nigeria, Afghanistan x3 and Iraq x2. Per 
relevant trauma, he cited witnessing the death of friends (citing two by name, no dates 
given or on which deployment), coming under fire, and having his truck hit by a mortar 
(presumably the event of November 2005).  Comp and Pen Evaluation for TBI on 17 
September 2014 affirms the history/diagnosis of TBI dating to 2004/2005 with residuals 
of headaches, anxiety, and depression.  The primary concussive event appears to be 
the IED landing on the hood of his vehicle, with 5-10 minute loss of consciousness.  
Other references in the medical record, e.g., TBI Second Level Evaluation dated 10 
June 2008, suggest exposure to other blasts to include IED and RPG on unspecified 
dates in addition to this primary event. Mental Health Evaluation dated 10 January 2019 
describes 7 total deployments to include Bosnia, Afghanistan, and Iraq with combat 
engagement in all. 

He has been consistently engaged in MH care over time, with most recent contact 
appearing to be 23 January 2023 which references deployments to include Iraq, 
Afghanistan, Bosnia, and Africa.

    f.  Other

Query of HAIMS did not return any documents for this applicant.

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 asserts PTSD and TBI 
associated with the circumstances of his discharge, and records indicate he is 
service connected for both conditions (PTSD, 50% and TBI, 40%). 

2.	Did the condition exist or experience occur during military service? Yes. The 
applicant’s assertion is supported by his service connection for PTSD and TBI.

3.	Does the condition or experience actually excuse or mitigate the discharge? Partial.  
The applicant asserts mitigation due to PTSD and TBI at the time of his 
offenses/discharge, and he has been awarded VA service connection for both PTSD 
and TBI.  Unfortunately, his disciplinary history is spread over time and his 
deployment history/exposure to trauma is somewhat unclear; therefore, it is difficult 
to fully determine nexus between PTSD (eg, initial onset) and his various offenses.  
Similarly, the primary concussive trauma documented in records resulting in TBI 
occurred in November 2005, although review of medical records suggests potentially 
relevant exposures previously that cannot entirely be discounted.    Under the most 
liberal of considerations, the advisor can reasonably provide grounds for only partial 
mitigation.  Giving the applicant the benefit of the doubt of earliest possible exposure 
to trauma and onset of symptoms, confluence of PTSD/TBI can be considered to 
mitigate charges associated with failure to report and driving while impaired, as 
avoidance behaviors such as failure to report/AWOL and self-medication/alcohol 
abuse are often a part of the natural history of both PTSD and TBI.  However, 
despite these factors, his condition would not mitigate violence (eg, punching a non-
commissioned officer) even if intoxicated.  
?
BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was not warranted. The Board 
carefully considered the applicant's record of service, documents submitted in support 
of the petition and executed a comprehensive and standard review based on law, policy 
and regulation, and published Department of Defense guidance for liberal and clemency 
determinations requests for upgrade of his characterization of service.  Upon review of 
the applicant’s petition, available military records and the medical advisory the Board
concurred with the advising official that the applicant’s disciplinary history is spread over 
time and his deployment history/exposure to trauma is somewhat unclear; therefore, it is 
difficult to fully determine nexus between PTSD (eg, initial onset) and his various 
offenses. The Board considered the possible exposure to trauma and onset of 
symptoms, confluence of PTSD/TBI could be considered to mitigate charges associated 
with failure to report and driving while impaired, as avoidance behaviors such as failure 
to report/AWOL and self-medical.  

2.  The Board determined the applicant was discharged for misconduct and was 
provided an under honorable conditions (General) The Board found insufficient 
evidence of in-service mitigating factors to overcome the misconduct. The applicant  
provided no post-service character letters of support to weigh a clemency 
determination. 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.

3.  Prior to closing the case, the Board did note the analyst of record administrative 
notes below, and recommended the correction is completed to more accurately depict 
the military service of the applicant.


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:

Except for the correction addressed in Administrative Note(s) below, the Board found 
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.

ADMINISTRATIVE NOTE(S):  

Administratively correct the applicant's DD Form 214 to add the following entries:

	a.  Block 12f. (Foreign Service) - "0001 08 29"

	b.  Block 13 (Ribbons, Medals, Badges, Citations and Campaign Ribbons Awarded 
of Authorized) - 

*	Army Commendation Medal (2nd Award)
*	Army Good Conduct Medal (2nd Award)
*	Parachutist Badge
*	Global War on Terrorism Expeditionary Medal
*	Iraq Campaign Medal with 2 bronze service stars
*	Afghanistan Campaign Medal with bronze service star

	c.  Block 18 (Remarks) - 

		(1)  delete the entry: IMMEDIATE REENLISTMENTS THIS PERIOD 1990322-
20010404.

		(2)  add the entry: Continuous honorable service from 19990322-20010404; 
IMMEDIATE REENLISTMENTS THIS PERIOD 1990322-20010404; 20010405-
20060521.

		(3)  add the entry: SERVICE IN IRAQ FROM 20030330 TO 20030331; SERVICE 
IN IRAQ FROM 20030405 TO 20030531; SERVICE IN AFGHANISTAN FROM 
20030926 TO 20040130; SERVICE IN AFGHANISTAN FROM 20040617 TO 
20041204; SERVICE IN IRAQ FROM 20050401 TO 20060107.


REFERENCES:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within three years after discovery of the alleged error or 
injustice. This provision of law also allows the Army Board for Correction of Military 
Records (ABCMR) to excuse an applicant's failure to timely file within the three-year 
statute of limitations if the ABCMR determines it would be in the interest of justice to do 
so.

2.  Amy Regulation (AR) 600-8-22 (Military Awards) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards. It states:

	a.  The Global War on Terrorism Expeditionary Medal by reason of service between 
19 March 2003 and 28 February 2005, in an area for which the Iraq Campaign Medal 
was subsequently authorized, will remain qualified for that medal. Upon application, any 
such service member may be awarded the Iraq Campaign Medal in lieu of the Global 
War on Terrorism Expeditionary Medal for such service. No service member will be 
entitled to both medals for the same act, achievement, or period of service.

	b.  The Iraq Campaign Medal is awarded to members who have served in direct 
support of Operation Iraqi Freedom (OIF). The area of eligibility encompasses all the 
land area of the country of Iraq, the contiguous water area out to 12 nautical miles, and 
all air spaces above the land area of Iraq and above the contiguous water area out 
to 12 nautical miles. The Iraq Campaign Medal period of eligibility is on or after 
19 March 2003 through 31 December 2011. Service members must have been 
assigned, attached, or mobilized to units operating in the area of eligibility 
for 30 consecutive days or for 60 non-consecutive days or meet one of the following 
criteria: (1) be engaged in combat during an armed engagement, regardless of the time 
in the area of eligibility while participating in an operation or on official duties, (2) is 
wounded or injured and requires medical evacuation from the area of eligibility, or (3) 
while participating as a regularly assigned air crewmember flying sorties into, out of, 
within or over the area of eligibility in direct support of the military operations.  The Iraq 
Campaign Medal may be awarded posthumously, only one award of this medal may be 
authorized for any individual, and under no condition will personnel or units receive the 
Iraq Campaign Medal, the Global War on Terrorism Expeditionary Medal, the Global 
War on Terrorism Service Medal, the Afghanistan Campaign Medal, or the Armed 
Forces Expeditionary Medal for the same action, time period, or service. A bronze 
service star is authorized for wear with this medal for participation in each credited 
campaign Approved campaigns are:

*	Liberation of Iraq (19 March 2003-1 May 2003)
*	Transition of Iraq (2 May 2003-28 June 2004)
*	Iraqi Governance (29 June 2004-15 December 2005)
*	National Resolution (16 December 2005-9 January 2007)
*	Iraqi Surge (10 January 2007-31 December 2008)
*	Iraqi Sovereignty (1 January 2009-31 August 2010)
*	New Dawn (1 September 2010-31 December 2011)

	c.  The Afghanistan Campaign Medal is awarded to members who have served in 
direct support of Operation Enduring Freedom (OEF). The area of eligibility 
encompasses all the land area of the country of Afghanistan and all air spaces above 
the land area. The period of eligibility is on or after 11 September 2001 to 31 December 
2014, and Operation Freedom Sentinel from January 15, 2015 to a future date to be 
determined by the Secretary of Defense or the cessation of OEF. A bronze service star 


is authorized for wear with this medal for participation in each credited campaign.  
Approved designated Afghanistan campaigns are:

*	Liberation of Afghanistan (11 September 2001-30 November 2001)
*	Consolidation I (1 December 2001-30 September 2006)
*	Consolidation II (1 October 2006-30 November 2009)
*	Consolidation III (1 December 2009 – 30 June 2011)
*	Transition I (1 July 2011-31 December 2014)
*	Transition II (1 January 2015-to a date to be determined

3.  AR 635-8 (Separation Processing and Documents) states to enter in Block 18 
(Remarks) for –

	a.  Enlisted Soldiers with more than one enlistment period during the time covered 
by the DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" and 
specify inclusive dates for each period or reenlistment

	b.  Soldiers who have previously reenlisted without being issued a DD Form 214 and 
are separated with any characterization of service except "honorable," enter 
"Continuous Honorable Active Service From (first day of service for which DD Form 214 
was not issued) until (the date before commencement of current enlistment.) Then, 
enter the specific periods of reenlistment.

	c.  Active Duty Soldiers list any/all outside the United States (OCONUS) 
deployments completed during the period for eh DD Form 214, "SERVICE IN (NAME 
OF COUNTRY DEPLOYED) FROM (inclusive dates)."

4.  AR  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.  Chapter 14 established policy and prescribed procedures for separating 
members for misconduct. Specific categories included minor disciplinary infractions, a 
pattern of misconduct, commission of a serious offense, conviction by civil authorities, 
desertion, or absences without leave. Action would be taken to separate a member for 
misconduct when it was clearly established that rehabilitation was impracticable or was 
unlikely to succeed. A discharge under other than honorable conditions was normally 
considered appropriate. However, the separation authority could direct a general 
discharge if such was merited by the Soldier's overall record.
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 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.

6.  Section 1556 of Title 10, United States Code, 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.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220004624


1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1