IN THE CASE OF: BOARD DATE: 22 February 2023 DOCKET NUMBER: AR20220008598 APPLICANT REQUESTS: in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), to show – * her new legal name * her service was characterized as honorable APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 17 May 2022 * DD Form 149 (Application for Correction of Military Record), 7 July 2022 * Section 4 (Physician's Certification), page 3 of 8, 15 May 2019 * Section 4 (Physician's Certifications), page 3 of 8, 4 May 2022 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, U.S. Code (USC), 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 her request is related to post-traumatic stress disorder (PTSD) and states, in effect she was attacked while attending Basic Combat Training (BCT). She did not report the incident out of fear of reprisal. Subsequent to her attack, she was misdiagnosed with bipolar disorder, but she contends she was actually suffering from PTSD, and that PTSD was the result of what happened in BCT. Her condition did not exist prior to service. BCT broke her to the point she did not want to deal with the experience because she was traumatized. 3. On 25 August 2006, the applicant underwent a physical examination as part of her enlistment processing. This examination found her qualified for service in the Regular Army. The military physician noted that the applicant was overweight and her vision was defective. 4. The applicant enlisted in the Regular Army on 31 August 2006. 5. Her records are void of a DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) or a separation packet. 6. The applicant was discharged on 25 October 2006, under the provisions of Army Regulation 635-200, paragraph 5-11, by reason of failure to meet procurement medical fitness standards. She was credited with 1 month and 25 days of net active service. Her service was uncharacterized. 7. The applicant did not provide any documentation related to her name change. 8. The applicant provided three partial medical documents which show between 2019 and 2022, she was diagnosed with multiple sclerosis, interstitial cystitis fibromyalgia, recurrent depression, generalized anxiety disorder, social phobia, panic disorder, and PTSD. These documents do not indicate that any of her conditions are service connected. 9. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. 10. Regulatory guidance in effect at the time provided Soldiers were considered to be in an entry-level status when they are within their first 180 days of active-duty service. 11. MEDICAL REVIEW: a. The applicant is applying to the ABCMR in effect to upgrade her discharge status to honorable. b. The specific facts and circumstances of the case can be found in the ABCMR Record of Proceedings (ROP). Pertinent to this advisory are the following: 1) The applicant enlisted in the Regular Army on 31 August 2006; 2) The applicant was discharged on 25 October 2006, Chapter 5-11, by reason of failure to meet procurement medical fitness standards. Her service was uncharacterized. c. The Army Review Board Agency (ARBA) Medical Advisor reviewed the supporting documents and the applicant’s military service records. The Armed Forces Health Longitudinal Technology Application (AHLTA), VA’s Joint Legacy Viewer (JLV), and civilian hardcopy medical records were also examined. d. The applicant asserts her request is related to being attacked during her Basic Combat Training (BCT) and her resultant PTSD. She feels she was “misdiagnosed with bipolar disorder.” There is evidence the applicant was initially seen by behavioral health on 03 October 2006 for an emergency screening. There was limited information provided in the medical record, but the applicant was not diagnosed with a psychiatric condition. She was again seen for a fitness for duty evaluation on 12 October 2006, but there was again limited information available for the results of this evaluation. The applicant was diagnosed with depression and released back to her unit. The applicant was seen for two additional behavioral health appointments till she was discharged. She reported a history of depression and suicide attempts prior to her enlistment, and she diagnosed with depression on each follow-up appointment. There was no discussion of an assault or a diagnosis of bipolar disorder. The applicant provided partial civilian medical documentation dated between 2019 and 2022. This documentation provided evidence the applicant has been diagnosed with generalized anxiety disorder, social phobia, panic disorder, and PTSD. These documents do not indicate that any of her conditions are service connected. A review of JLV provided evidence the applicant has been diagnosed with PTSD in September 2022, and she is 100-percent service- connected for PTSD since April 2022. e. Based on the available information, it is the opinion of the Agency BH Advisor that there is sufficient evidence to support the applicant was experiencing a behavioral health condition that was exasperated by her time in BCT. Kurta Questions A. Did the applicant have a condition or experience that may excuse or mitigate the discharge? Yes, the applicant contends she was experiencing symptoms of PTSD. B. Did the condition exist or experience occur during military service? Yes, the applicant asserts she was experiencing PTSD while in active service. In addition, she receives service-connected disability for PTSD. C. Does the condition or experience actually excuse or mitigate the discharge? Yes, there was insufficient evidence the applicant was diagnosed with bipolar disorder during active service. However, she was diagnosed with depression. It is likely the applicant had a history of a behavioral health condition that worsened as a result of her unsuitability for military service. In addition, the applicant does receive service-connected disability for PTSD. While an Uncharacterized discharge is not a punitive discharge, in the writer’s opinion, there is uncertainty surrounding the events which occurred during the applicant’s time in military service. Accordingly, the Agency BH advisor recommends that her discharge characterization be changed to Honorable with a narrative reason of Secretarial Authority. 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. Upon review of the applicant’s petition, available military records and medical review, the Board concurred with the advising official finding there was insufficient evidence the applicant was diagnosed with bipolar disorder during active service. The Board noted she was diagnosed with depression. It is likely the applicant had a history of a behavioral health condition that worsened as a result of her unsuitability for military service. However, the Board determined based on the preponderance of evidence, the applicant did not complete training and was released from active duty by reason of failure to meet procurement medical fitness standards. As such, her DD Form 214 properly shows the appropriate characterization of service as uncharacterized. 2. The Board agreed 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 MOS. 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. 3. Furthermore, the Board determined the evidence presented does not demonstrate the existence of a probable error or injustice. The applicant used the contested name during her entire period of service. The Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. 4. The applicant is advised that a copy of this decisional document, along with her application and the supporting evidence she provided, will be filed in her official military records. This should serve to clarify any questions or confusion regarding the difference in the name recorded in her military records and to satisfy her desire to have her legal name documented in her military records. As a result, there is no basis for granting the applicant's request for either a change in characterization of service or correction to her legal name. 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, USC, 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 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. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that 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. It is not an investigative body. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, directed that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. 4. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), 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 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. Chapter 5-11 provides for the separation of personnel who did not meet procurement medical fitness standards. It states 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 entrance on active duty, active duty for training, or initial entry training would be separated. Medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldier's initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into military service had it been detected at that time, and the medical condition did not disqualify the Soldier from retention in the service under the provisions of Army Regulation 40-501(Standards of Medical Fitness). The character of service for Soldiers separated under this provision in chapter 5-11 would normally be honorable but would be uncharacterized if the Soldier was in an entry-level status. An uncharacterized discharge is neither favorable nor unfavorable; in the case of Soldiers issued this characterization of service, an insufficient amount of time would have passed to evaluate the Soldier's conduct and performance. 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 was 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. 5. 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) AR20210012187 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1