IN THE CASE OF: BOARD DATE: 1 March 2023 DOCKET NUMBER: AR20220007260 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service was characterized as honorable and a video/telephone appearance before the board. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge) * DD Form 149 (Application for Correction of Military Record) * Department of Veterans Affairs (VA) benefits letter 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. The applicant indicates his request is related to post-traumatic stress disorder (PTSD). 3. The applicant states, in effect, the VA assigned a combined disability rating of 100-percent to his service-connected conditions and having the characterization of his service upgraded would make him eligible to receive a military identification card. 4. His record contains a DD Form 2808 (Report of Medical Examination) which shows he underwent a physical examination for the purpose of enlistment. This form notes the applicant's allergy to shrimp but found him qualified for military service. 5. On 22 November 2005, he enlisted in the Regular Army. 6. His military record is void of a separation package; however, his DD Form 214 shows he was discharged on 19 July 2006, under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-11, failure to meet procurement medical fitness standards. He completed 7 months and 28 days of net active service for the period. His DD Form 214 also shows his service was uncharacterized. 7. His available record is void of medical documents showing he was diagnosed with an unfitting mental health or medical condition during his period of service. 8. The applicant provides his VA benefits letter, dated 17 May 2021, which shows he is receiving disability compensation for his service-connected schizophrenic disorder with auditory hallucinations, opioid use disorder, and cocaine and methamphetamines usage in remission, and obstructive sleep apnea. He has a combined disability rating of 100-percent. 9. 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. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Applicants do not have a right to a hearing. 10. MEDICAL REVIEW: a. The applicant is applying to the ABCMR requesting in effect, correction of his DD214 to show his service was characterized as honorable and an appearance before the Board. 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) Applicant asserts request is associated with PTSD. (2) On 22 November 2005 he enlisted in the RA. (3) His military record is void of a separation packet. DD214 shows he was discharged 19 July 2006 under AR 635-200, failure to meet procurement medical fitness standards. Service was uncharacterized. (4) VA benefits letter dated 17 May 2021 shows he is receiving disability compensation for service-connected schizophrenic disorder with auditory hallucinations, opioid use disorder, and cocaine and amphetamine usage in remission. 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 associated with application. His enlistment physical showed no unfitting conditions, resulting in a PULHES profile 1 across all domains, and he was found qualified for service. VA letter dated 17 May 2021 indicates a 100% rating for schizophrenic disorder (with other associated symptoms and diagnoses as referenced in the ROP). He had previously been rated with adjustment disorder with depressed mood. d. AHLTA The Army electronic medical record, AHLTA, was reviewed. Applicant was evaluated by a mental health provider on 27 January 2006 at Fort Benning due to stress, homesickness, and problems adapting to the military. He had apparently at some point been admitted for inpatient care (records and dates not available) for SI and methamphetamine overdose and reported prior suicide attempt by cutting self on arm. He started abusing methamphetamine and marijuana in high school and also had a history of cocaine use. He was diagnosed with adjustment disorder with depressed mood, methamphetamine abuse, and cocaine abuse. He was evaluated by a psychiatrist on 2 February 2006; this evaluation referenced applicant was diagnosed with alcohol dependence and methamphetamine dependence in 2000 after a hospitalization for drug overdose, depression, self-mutilation, and suicidal threats. He received a DUI as recently as 2005. “He has never been completely abstinent from alcohol and drugs other than while in the Army.” Evaluating psychiatrist noted “medical records were received confirming this information.” Applicant was diagnosed with adjustment disorder with depressed and anxious mood, history of alcohol dependence, and history of methamphetamine dependence. The psychiatrist noted applicant did not meet standards for enlistment IAW paragraph 2-31 of AR 40-501 nor did he meet retention standards per Chapter 3, AR 40-501. Separation was recommended UP paragraph 5-11 AR 635-200. His active service mental health records do not mention witnessing a suicide (see JLV below) nor do they indicate any symptoms of psychosis during his period of service. e. JLV Available VA records were reviewed via JLV. Records indicate applicant has a service connection of 100% for psychosis, disorganized schizophrenia. Compensation and pension evaluation of 28 April 2016 resulted in diagnosis of adjustment disorder with depressed mood. Per history, “The veteran served in the Army though served 7 months. He reported that a friend of his committed suicide a few feet away from him. The veteran saw the immediate aftermath of his friend who killed himself by shooting himself in the head” (of note, there was no reference to or documentation of this in his available active service records described above); after this he became homesick and was experiencing suicidal ideations and was released from the army. He denied psychiatric concerns prior to the military and stated he was not involved in psychiatric care at the time of the evaluation. He reported alcohol use prior to service but denied substance abuse in service or at the time of the evaluation. It was opined that the adjustment disorder was secondary to his friend’s suicide in close proximity to veteran. A Primary Care Mental Health contact of 21 October 2016 indicated the applicant was experiencing “some sort of hallucinations” with need for same day evaluation; MH Triage of same day indicates veteran was experiencing suicidal ideation and about 5 years ago he had started experiencing auditory hallucinations as well as delusions. “Veteran reported he is seeking testing or assessment at this time with the intended goal of raising his service connection percentage.” He denied problematic substance use and again referenced “his battle buddy shot himself and that’s how I got out” of Army. There was reference to a head injury approximately 5 years before; a CT without contrast on 26 October 2016 noted “no acute or significant intracranial findings. Negative exam.” Mental Health Comprehensive Examination of 20 March 2017 indicated auditory hallucinations, severe depression, “he thinks about his battle buddy who shot himself during boot camp.” Symptom onset was reportedly after moped accident approximately 5 years prior. He was diagnosed with other psychotic disorder, rule-out schizophrenia, rule-out schizoaffective disorder, and alcohol use disorder mild. MH Physician Note of 6 September 2022 references history of psychosis, alcohol use disorder, chronic adjustment disorder, thyroid adenocarcinoma, sleep apnea, and head injury s/p moped accident in 2009. Applicant had apparently been lost to MH follow up since 2017. The evaluation noted psychotic-spectrum symptoms for approximately 10 years with substance use predating onset of hallucination to include methamphetamine, cannabis, alcohol, and at least some use of ecstasy. He endorsed perception of telepathy, thought insertion, and thought broadcasting. Evaluating provider noted initial onset of psychotic symptoms at approximately age 33 and “onset of psychotic symptoms may have also been related to prior history of substance use, leading to persistent psychotic symptoms.” No subsequent mental health Compensation and Pension Evaluations (other than the one noted above) were noted in his records to include the one that ultimately resulted in his service connection for schizophrenia. 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 although his contention more appropriately falls under other mental health conditions. 2. Did the condition exist or experience occur during military service? Yes. The applicant is 100% service connected for schizophrenia. 3. Does the condition or experience actually excuse or mitigate the discharge? Partial. The applicant asserts mitigation due to mental health factors at the time of his offense/discharge, and he has been awarded 100% VA service connection for schizophrenia. There is no evidence of psychotic symptoms during his time of service, and there is clear and convincing evidence that he had pre-existing conditions which failed to meet induction standards. Under normal circumstances an uncharacterized discharge is appropriate. However, the VA has deemed to award him 100% service connection for psychosis as an apparent natural progression of his reported experiences in the service. It is unclear what criteria were utilized in making this determination as the advisor located no evidence of psychosis documented during active service; post-discharge psychotic symptoms appear to be potentially associated with substance use, which is clearly noted as a pre-existing condition, or even a post-service head injury; and a significant trauma referenced in C&P exam and other VA records was not referenced in available Army medical records. However, under liberal consideration guidelines and given his 100% service connection for schizophrenia, it is reasonable for the Board to consider an upgrade of discharge to honorable. 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. 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. Soldiers are authorized and honorable discharge while in entry-level status only if they complete their active-duty schooling and earn their military occupational specialty (MOS). Upon review of the applicant’s petition, available military records and the medical review the Board considered the medical opinion finding there is no evidence of psychotic symptoms during his time of service, and there is clear and convincing evidence that he had pre-existing conditions which failed to meet induction standards. Under normal circumstances an uncharacterized discharge is appropriate. The Board noted the advising official stating it is unclear what criteria were utilized in making this determination as the advisor located no evidence of psychosis documented during active service; post-discharge psychotic symptoms appear to be potentially associated with substance use, which is clearly noted as a pre- existing condition, or even a post-service head injury; and a significant trauma referenced in C&P exam and other VA records was not referenced in available Army medical records. 2. However, the board determined the applicant did not complete training nor did he receive a MOS. Evidence shows the applicant was discharged for failure to meet procurement medical fitness standards. He completed 7 months and 28 days of net active service for the period. The Board determined based on regulatory guidance there was insufficient evidence to upgrade the applicant’s discharge. As such, his DD Form 214 properly shows the character of service as uncharacterized. 3. An uncharacterized discharge is not derogatory; it is recorded when a Soldier has not completed more than 180 days of creditable continuous active duty prior to initiation of separation. It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated as honorable or otherwise. 4. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ? REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (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 635-200 (Active Duty Enlisted Administrative Separations) sets 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 3-4(2) Entry-Level status. Service will be uncharacterized, and so indicated in block 24 of DD Form 214, except as provided in paragraph 3–9a. b. Paragraph 3-7 states 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. c. Paragraph 3-9a Entry-level status separation. A separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status, except when— (1) Characterization under other than honorable conditions is authorized under the reason for separation and is warranted by the circumstances of the case. (2) HQDA, on a case-by-case basis, determines that characterization of service as honorable is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. This characterization is authorized when the Soldier is separated by reason of selected changes in service obligation, convenience of the Government, and Secretarial plenary authority. (3) The Soldier has less than 181 days of continuous active military service, has completed Initial Entry Training, has been awarded an MOS, and has reported for duty at a follow-on unit of assignment. d. Paragraph 5-11, Soldiers who were not medically qualified under procurement medical fitness standards when accepted for enlistment or who became medically disqualified under these standards prior to entry on active duty or active duty training from initial entry training, may be separated. Such conditions must be discovered during the first six months of active duty. Such findings will result in an entrance physical standards board. This board must also be convened within the Soldier’s first six months of active duty. e. Section II (Terms): (1) Character of service for administrative separation - A determination reflecting a Soldier’s military behavior and performance of duty during a specific period of service. The three characterizations are honorable, general (under honorable conditions), and under other than honorable conditions. The service of Soldiers in entry-level status is normally described as uncharacterized. (2) Entry-level status - For Regular Army Soldiers, entry-level status is the first 180 days of continuous AD or the first 180 days of continuous AD following a break of more than 92 days of active military service. 3. AR 15-185 (ABCMR) states 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. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Applicants do not have a right to a hearing. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007260 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1