IN THE CASE OF: BOARD DATE: 13 December 2023 DOCKET NUMBER: AR20230005080 APPLICANT REQUESTS: a disability separation in lieu of separation for alcohol rehabilitation failure. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DA Form 1059 (Service School Academic Evaluation Report) * 6 (six) DA Forms 2166-8 (NCO Evaluation Report) * Department of Veterans Affairs (VA) rated disabilities printout * medical records (622 pages) 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 he requests a change to a medical separation verse that of Chapter 9. At the time of separation, 2nd Brigade Combat Team, Fort Carson, was de- flagging and resulted in access, delay, and appropriate physical/mental care. The provider which he knew would help was an [Army Substance Abuse Program (ASAP) nurse practitioner (NP)]. During, this period, he was experiencing perpetual debilitating panic attacks, sleep issues, etc. He regrets not being an advocate in regard to the Chapter 9 (he [elected] the chapter, transitional command had no plans for discharge, simply permanent change of station (PCS) to Korea). Chapter 9 at the time provided for an expedited departure while being an honorable discharge. However, the abuse of alcohol (self-medication), could be directly correlated to his 70 percent rated conditions of posttraumatic stress disorder (PTSD), panic disorder, and bipolar [disorder]. Further, he is rated at 80 percent total considering his physical maladies. His back injury is now so severe, that he had to change employment etc., resulting in a reduction in his quality of life. His service record was certainly that of a Soldier and further Noncommissioned officer (NCO). He hypothesizes that the character change is appropriate and prudent. 3. The applicant underwent a medical examination on 1 August 2007 for enlistment purposes. His DD Form 2807-1 (Report of Medical History) shows he reported he was in good health without significant defect. The corresponding DD Form 2808 (Report of Medical Examination) shows he was found qualified for service with a waiver for his eyes and assigned a physical profile of 111131. A physical profile, as reflected on a DA Form 3349 (Physical Profile) or DD Form 2808, is derived using six body systems: "P" = physical capacity or stamina; "U" = upper extremities; "L" = lower extremities; "H" = hearing; "E" = eyes; and "S" = psychiatric (abbreviated as PULHES). Each body system has a numerical designation: 1 meaning a high level of fitness; 2 indicates some activity limitations are warranted, 3 reflects significant limitations, and 4 reflects one or more medical conditions of such a severity that performance of military duties must be drastically limited. Physical profile ratings can be either permanent or temporary. 4. The applicant enlisted in the Regular Army for a period of 7 years and 39 weeks on 27 August 2007. 5. The applicant was assigned to Fort Carson, CO effective 10 December 2011. He was deployed in support of Operation Enduring Freedom in Qatar from 7 December 2013 through 24 August 2014. While deployed, he reenlisted in the Regular Army for 6 years. 6. On 30 March 2015, the applicant was notified by his commander, of his intent to separate him under the provisions (UP) of Army Regulation (AR) 635-200 (Personnel Separations - Active Duty Enlisted Administrative Separations), chapter 9 for alcohol or drug abuse rehabilitation failure as he had failed to successfully complete the Army Substance Abuse Program (ASAP). He was recommended for an honorable character of service. He was advised of the following rights: * to consult with consulting counsel and/or civilian counsel at no expense to the Government within a reasonable time * to submit written statements on his behalf * to obtain copies of documents that will be sent to the separation authority supporting the proposed separation * to a hearing before an administrative board if he has 6 or more years of active and reserve military service at the time of separation is initiated * to waive the rights listed in writing, and to withdraw any such waiver at any time prior to the date the separation authority orders, directs, or approves his separation * if entitled to have his case heard by an administrative separation board, he may submit a conditional waiver of that right 7. The applicant acknowledged receipt of the notification on 30 March 2015. 8. On 31 March 2015, the applicant submitted his elections. After consulting with counsel (Major A_ A. J_) on the basis for the contemplated action and the effects of waiving his rights, he elected to waive consideration of his case by and administrative board and to submit statements on his own behalf. He understood he would be ineligible to apply for enlistment in the Army for 2 years after discharge. He indicated he was not the victim of a sexual assault for which an unrestricted report was filed within 24 months. 9. On 1 and 2 April 2015, his chain of command recommended separation UP of AR 635-200, chapter 9 with an honorable character of service. 10. The separation authority approval is void of the available records. 11. The applicant was honorably discharge on 20 April 2015 (as corrected by DD Form 215 (Correction to DD Form 214) under the provisions of AR 635-200, Chapter 9 for Alcohol Rehabilitation Failure. He was credited 7 years 7 months 24 days of net active service this period. His DD Form 214 shows he received separation pay of $12,566.19. 12. The applicant provided: a. A DA Form 1059, dated 22 January 2010, showing he completed the Warrior Leader Course in a superior manner. b. A DA Form 2166-8 for the period 1 June 2010 to 27 January 2011 showing he was rated among the best. His overall performance was rated 1 – Successful and overall potential was rated 1- Superior. He passed his Army Physical Fitness Test (APFT) on 22 October 2010. c. A DA Form 2166-8 for the period 28 January 2011 to 10 November 2011 showing he was rated fully capable. His overall performance was rated 2 - Successful and overall potential was rated 1- Superior. He passed his APFT on 21 October 2011. d. A DA Form 2166-8 for the period 11 November 2011 to 31 July 2012 showing he was rated among the best. His overall performance was rated 1 - Successful and overall potential was rated 1- Superior. He passed his APFT on 5 June 2012. e. A DA Form 2166-8 for the period 1 August 2012 to 31 July 2013 showing he was rated among the best. His overall performance was rated 1 - Successful and overall potential was rated 1- Superior. He passed his APFT on 18 April 2013. f. A DA Form 2166-8 for the period 1 August 2013 to 31 July 2014 showing he was rated among the best. His overall performance was rated 1 - Successful and overall potential was rated 1- Superior. He passed his APFT on 23 March 2014. g. A DA Form 2166-8 for the period 1 August 2014 to 1 November 2014 showing he was rated among the best. His overall performance was rated 1 - Successful and overall potential was rated 1- Superior. He passed his APFT on 23 March 2014. h. VA rated disabilities printout, which is illegible. i. 622 pages of medical records in support of his claim. 13. The applicant indicated on his DD Form 293 he has issues/conditions related to sexual assault/harassment. The ABCMR requested the Army Crime Records Center provide any military police reports pertaining to the applicant on 7 June 2023. On 15 June 2023, the records centered responded there were no reports pertaining to the applicant. 14. Based on the applicant's contention the Army Review Boards Agency medical staff provided a medical review for the Board members. See "MEDICAL REVIEW" section. 15. The Army rates only conditions determined to be physically unfitting at the time of discharge, which disqualify the Soldier from further military service. The Army disability rating is to compensate the individual for the loss of a military career. The VA does not have authority or responsibility for determining physical fitness for military service. The VA may compensate the individual for loss of civilian employability. 16. Title 38, U.S. Code, Sections 1110 and 1131, permit the VA to award compensation for disabilities which were incurred in or aggravated by active military service. However, an award of a VA rating does not establish an error or injustice on the part of the Army. 17. Title 38, CFR, Part IV is the VA’s schedule for rating disabilities. The VA awards disability ratings to veterans for service-connected conditions, including those conditions detected after discharge. As a result, the VA, operating under different policies, may award a disability rating where the Army did not find the member to be unfit to perform his duties. Unlike the Army, the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings. 18. MEDICAL REVIEW: a. The Army Review Boards Agency (ARBA) Medical Advisor was asked to review this case. Documentation reviewed included the applicant’s ABCMR application and accompanying documentation, the military electronic medical record (EMR) (AHLTA and/or MHS Genesis), the VA electronic medical record (JLV), the electronic Physical Evaluation Board (ePEB), the Medical Electronic Data Care History and Readiness Tracking (MEDCHART) application, and the Interactive Personnel Electronic Records Management System (iPERMS). The ARBA Medical Advisor made the following findings and recommendations: b. The applicant is applying to the ABCMR requesting, in essence, a referral to the Disability Evaluation System (DES). He states: “I request a change to a medical separation chapter, verses that of Chapter 9. At my time of separation, 2BCT [2nd Brigade Combat Team], Fort Carson, was de- flagging and resulted in access delay and appropriate physical/mental care. The provider which I knew would help was an ASAP NP [Army Substance Abuse Program nurse practitioner]. During this period, I was experiencing perpetual debilitating panic attacks, sleep issues, etc. I regret not being an advocate in regard to the Chapter 9 (I choose the chapter, transitional command had no plans for discharge, simply PCS to Korea). Chapter 9 at the time provided for an expedited departure while being an Honorable Discharge. However, the abuse of alcohol (self-medication), could be directly correlated to my 70% rated conditions of PTSD, Panic Disorder, Bipolar etc. Further, I am rated at 80% total considering my physical maladies. My back injury is now so severe, that I had to change employment etc., resulting a reduction in quality of life.” c. The Record of Proceedings details the applicant’s military service and the circumstances of the case. His DD 214 shows he entered the regular Army on 27 August 2007 and was honorably discharged on 20 April 2015 under authority provided in chapter 9 of AR 635-200, Personnel Separations – Enlisted Personnel (17 December 2009): Alcohol or Other Drug Abuse Rehabilitation Failure. The separation code of JPD denotes “Alcohol Rehabilitation Failure.” d. The EMR shows the applicant self-referred to ASAP on 23 May 2011 stating “I cannot stop drinking.” “The patient is a 33 old married Caucasian male who was seen today for initial evaluation. Patient reports he has been drinking on and off for the past 12 years and for the past 3 years has been drinking heavy, drinking daily ½ to a liter of alcohol. His wife threatened to leave him and he self-referred to ASAP. e. The applicant was diagnosed with alcohol dependence and entered treatment. He entered remission and continued treatment thru 6 August 2013. f. He presented to the emergency department on 4 December 2014 with a panic attack and was seen by behavioral health the following day: “Pt [patient] reports that he visited the ER on 4 Dec 2014 for hypertension and anxiety. He reports that his blood pressure was 170/110 and his heart rate was 130. He experienced chest pain and shortness of breath. He was released and is following up with behavioral health for anxiety. He stated that he has had anxiety for 5-6 years but it has worsened over the last three weeks. When the pt feels anxiety, (usually in noisy and/or crowded places), he becomes tense, has chest pain and shortness of breath, his heartbeat increases, and he feels light-headed. He controls his symptoms by removing himself from the situation or planning to go to potentially crowded places when they are less busy. He has tried deep breathing and likes to meditate ... Pt was seen in ASAP where he completed treatment in 2012, he reports that he rarely drinks. He stated that he drinks maybe 1 beer every 3-4 months. He currently smokes a pack of cigarettes a day, which is an increase in usage over the last three weeks. Pt reports no illegal drug use. g. The applicant was diagnosed with “Acute panic stated due to acute stress reaction.” Available services and resources were discussed, the provider stated the applicant was “psychiatrically fit for duty,” and he was directed to follow-up as needed. When seen in follow-up the following week, he was diagnosed with panic disorder. h. He was admitted to Cedar Springs Behavioral Health System on 27 January 2015 for alcohol detoxification and treatment of anxiety with the diagnoses of “Alcohol use disorder, severe” and “Unspecified anxiety disorder.” “He reports that he has been having daily anxiety attacks. He uses alcohol to self-medicate those. His drinking habit has increased, and he is very concerned about that. He is drinking up to 6-10 drinks every night. On the weekend, he can go through a handle of liquor. On Monday, he goes through withdrawals including headaches, edginess, tremulousness, and malaise. He has not had any history of DT's or seizures. The more he drinks, the worse his anxiety gets - the worse his anxiety gets, the more drinks. He has decreased a lot of interests. He dropped out of some schoolwork. He does not go to the gym as much. He tends to stay home. He feels depressed. He has lack of motivation. He just does not want to leave the house. It seemed that the anxiety got worse when he returned from deployment. He was treated by the health clinic with Xanax. His first drink of alcohol was around age 19. He has had two prior detoxes in the past. Once was at Park View Hospital, the other was in San Antonio, Texas. No other illicit drug use.” i. He was discharged on 29 January 2015: “CLINICAL COURSE OF TREATMENT: Mr. [Applicant] was voluntarily admitted to Birchwood for alcohol abuse and treatment of anxiety. The alcohol detox was essentially uncomplicated. There are no medical issues during this hospitalization. He complains of anxiety and seems pretty significant despite treatment of Vistaril, Zoloft and Propranolol. It was mutually agreed that the first step was discontinuation of alcohol and maintaining sobriety. Medication adjustments is deferred to outpatient behavioral health. He will need to continue that treatment and follow it up. Mood otherwise appeared stable. No psychosis or mania was observed. There was no indication of danger to self or others. He is appropriately social with staff and peers. He is able to care for basic needs and did not appear to be gravely disabled. He verbalized intent to follow up with recommended outpatient treatment.” j. Following his discharge, the applicant returned to on-post treatment for his alcohol abuse and anxiety disorder not otherwise specified. He is noted to have been doing well at his 19 February 2015 behavioral health follow-up appointment: “SM [service member] presents as less anxious and stated that he has increased his medication as per doctor’s orders. He denies craving ETOH [ethanol] and states that things are going well. His wife is supportive and he is hopeful for the future. Reduced anxiety, reduced worry, medication compliance and maintenance of sobriety. SM will continue with therapy with his regular therapist next week.” k. A 4 March 2015 encounter shows the applicant was in the process of a chapter 9 separation: “The Chief Complaint is: “I just developed panic attacks out of the blue.'' SM developed panic attacks with agoraphobia in the last 6 months. He then drank to quell panic. He found he could not leave the house easily, stayed in all the time and felt miserable. He was being treated by PCM [primary care manager] - he notes no mood problems, no PTSD from deployment - is getting chapter 9. Will give him 3 clonazepam for heavy panic - his insight is excellent, and he was sober for 2 years. He is on SSRI but needs to continue in therapy to get hold of panic which has lessened from daily panic attacks to twice per week. No SI or HI and no history of suicidal attempts, anxiety, sleep disturbances, and loss of pleasure. No previous suicide attempt. Disturbing or unusual thoughts, feelings, or sensations. Visit is not deployment related. Background Information - SM is 68W [Combat Medic] - last saw him in 2012 - then he deployed. He has been to ASAP 3 times - he is seeking help as he developed panic attacks after his last deployment and drank to quell the panic but then relapsed, he needed to get sober.” l. His diagnoses were alcohol dependence in remission and panic disorder with agoraphobia and severe panic attacks. m. The applicant was noted to be doing well at his 27 March 2015 behavioral health appointment: “SM reporting ‘feeling like my old self.’ His wife commented to him how happy she was when she looked over and caught him smiling at the TV. SM is going to ASAP. 3 x's a week and had started on a new medicine. Agree to have him schedule as needed. SM will be chaptered out of the military on chapter 9.” n. He stated at his 2 April 2015 follow-up appointment “I feel great on Buspar.” “SM reports Buspar has been ''miracle drug'' for him and he has not had any more panic and his anxiety is quelled on it as well. He is doing well and will be out of Army next week per his report. No suicidal or homicidal ideation, is moving back to Florida and will continue the treatment at with VA. Insight is good and he has a good sobriety and safety plan. Will give him 90 days of meds.” o. No significant encounters for low back issues were in the EMR. JLV shows the applicant was treated with acupuncture in 2018 and has had additional treatments for his lumbar spine condition since that time. p. The six NCO Evaluation Reports (DA Form 2166-8) show he was a well performing Soldier. His final two NCO Evaluation Reports cover the period from 1 August 2013 thru 1 November 2014. He passed his final Army Physical Fitness Test with a score of 275 out of 300; “completed 18 college semester hours with a 3.83 GPA, and completed 170 correspondence credit hours; and his senior rater top-blocked him for both overall performance and overall potential stating: * “o promote to Staff Sergeant immediately * completed ALC ahead of peers; send to advanced NCO schooling immediately * performance is markedly better than that of his peers * assign to positions of greater responsibility, eager for any challenge q. There is insufficient evidence the applicant had any duty incurred medical condition which would have failed the medical retention standards of chapter 3 of AR 40-501, Standards of Medical Fitness, prior to his discharge. Thus, there was no cause for referral to the Disability Evaluation System. r. Review of his records in JLV shows he has been awarded multiple VA service- connected disability ratings, including ratings for PTSD and spinal stenosis. However, the DES only compensates an individual for service incurred medical condition(s) which have been determined to disqualify him or her from further military service. The DES has neither the role nor the authority to compensate service members for anticipated future severity or potential complications of conditions which were incurred or permanently aggravated during their military service; or which did not cause or contribute to the termination of their military career. These roles and authorities are granted by Congress to the Department of Veterans Affairs and executed under a different set of laws. s. It is the opinion of the ARBA Medical Advisor that a referral of his case to the DES is unwarranted. 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 medical review, the Board concurred with the advising official finding insufficient evidence the applicant had any duty incurred medical condition which would have failed the medical retention standards, prior to his discharge. Thus, there was no cause for referral to the Disability Evaluation System. 2. The Board found the record is absent evidence which prevented the applicant from being able to reasonably perform the duties of his office, grade, rank, or rating prior to his discharge. Further, the Board determined there is insufficient evidence to support the applicant’s contentions for a disability separation in lieu of separation for alcohol rehabilitation failure. Based on the medical opine and evidence in the record, the Board denied relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING xx xx xx 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 (AR) 635-200 (Personnel Separations - 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. Chapter 9 (Alcohol or Other Drug Abuse Rehabilitation Failure) provides the authority and outlines the procedures for discharging Soldiers for alcohol or other drug abuse rehabilitation failure. a. A Soldier who is enrolled in the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) for alcohol/drug abuse may be separated because of inability or refusal to participate in, cooperate in, or successfully complete such a program in one of the following circumstances: (1) There is a lack of potential for continued Army service and rehabilitation efforts are no longer practical. (2) Long-term rehabilitation is necessary and the Soldier is transferred to a civilian medical facility for rehabilitation. b. Nothing in this section prevents separation of a Soldier who has been referred to such a program under any other provision of this regulation. c. Initiation of separation proceedings is required for Soldiers designated as alcohol/drug rehabilitation failures. 3. Title 10, USC, chapter 61, provides the Secretaries of the Military Departments with authority to retire or discharge a member if they find the member unfit to perform military duties because of physical disability. The U.S. Army Physical Disability Agency is responsible for administering the Army physical disability evaluation system and executes Secretary of the Army decision-making authority as directed by Congress in chapter 61 and in accordance with DOD Directive 1332.18 and Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation). a. Soldiers are referred to the disability system when they no longer meet medical retention standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 3, as evidenced in an MEB; when they receive a permanent medical profile rating of 3 or 4 in any factor and are referred by an MOS Medical Retention Board; and/or they are command-referred for a fitness-for-duty medical examination. b. The disability evaluation assessment process involves two distinct stages: the MEB and PEB. The purpose of the MEB is to determine whether the service member's injury or illness is severe enough to compromise his/her ability to return to full duty based on the job specialty designation of the branch of service. A PEB is an administrative body possessing the authority to determine whether or not a service member is fit for duty. A designation of "unfit for duty" is required before an individual can be separated from the military because of an injury or medical condition. Service members who are determined to be unfit for duty due to disability either are separated from the military or are permanently retired, depending on the severity of the disability and length of military service. Individuals who are "separated" receive a one-time severance payment, while veterans who retire based upon disability receive monthly military retired pay and have access to all other benefits afforded to military retirees. c. The mere presence of a medical impairment does not in and of itself justify a finding of unfitness. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier may reasonably be expected to perform because of his or her office, grade, rank, or rating. Reasonable performance of the preponderance of duties will invariably result in a finding of fitness for continued duty. A Soldier is physically unfit when a medical impairment prevents reasonable performance of the duties required of the Soldier's office, grade, rank, or rating. 4. Title 38 USC, section 1110 (General - Basic Entitlement) states for disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, or air service, during a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veteran's own willful misconduct or abuse of alcohol or drugs. 5. Title 38 USC, section 1131 (Peacetime Disability Compensation - Basic Entitlement) states for disability resulting from personal injury suffered or disease contracted in line of duty, or for aggravation of a preexisting injury suffered or disease contracted in line of duty, in the active military, naval, or air service, during other than a period of war, the United States will pay to any veteran thus disabled and who was discharged or released under conditions other than dishonorable from the period of service in which said injury or disease was incurred, or preexisting injury or disease was aggravated, compensation as provided in this subchapter, but no compensation shall be paid if the disability is a result of the veteran's own willful misconduct or abuse of alcohol or drugs. 6. AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Disability Evaluation System and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his office, grade, rank, or rating. Only the unfitting conditions or defects and those which contribute to unfitness will be considered in arriving at the rated degree of incapacity warranting retirement or separation for disability. Once a determination of physical unfitness is made, all disabilities are rated using the Department of Veterans Affairs Schedule for Rating Disabilities (VASRD). a. Paragraph 3-2 states disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to Soldiers whose service is interrupted and who can no longer continue to reasonably perform because of a physical disability incurred or aggravated in military service. b. Paragraph 3-4 states Soldiers who sustain or aggravate physically unfitting disabilities must meet the following line-of-duty criteria to be eligible to receive retirement and severance pay benefits: (1) The disability must have been incurred or aggravated while the Soldier was entitled to basic pay or as the proximate cause of performing active duty or inactive duty training. (2) The disability must not have resulted from the Soldier's intentional misconduct or willful neglect and must not have been incurred during a period of unauthorized absence. 7. AR 40-501 (Standards of Medical Fitness) governs medical fitness standards for enlistment, induction, appointment (including officer procurement programs), retention, and separation (including retirement). The Department of Veterans Affairs Schedule for Rating Disabilities (VASRD). VASRD is used by the Army and the VA as part of the process of adjudicating disability claims. It is a guide for evaluating the severity of disabilities resulting from all types of diseases and injuries encountered as a result of or incident to military service. This degree of severity is expressed as a percentage rating which determines the amount of monthly compensation. 8. Section 1556 of Title 10, USC, 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. 9. On 3 September 2014 the Secretary of Defense directed the Service Discharge Review Boards (DRBs) and Service Boards for Correction of Military/Naval Records (BCM/NRs) to carefully consider the revised PTSD criteria, detailed medical considerations and mitigating factors when taking action on applications from former service members administratively discharged UOTHC and who have been diagnosed with PTSD by a competent mental health professional representing a civilian healthcare provider in order to determine if it would be appropriate to upgrade the characterization of the applicant's service. 10. On 25 August 2017, the Office of the Undersecretary of Defense for Personnel and Readiness issued clarifying guidance for the Secretary of Defense Directive to DRBs and BCM/NRs when considering requests by veterans for modification of their discharges due in whole or in part to: mental health conditions, including PTSD, traumatic brain injury, sexual assault, or sexual harassment. Boards are to give liberal consideration to veterans petitioning for discharge relief when the application for relief is based, in whole or in part, on those conditions or experiences. 11. 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 court-martial forum. However, the guidance applies to more than clemency from a sentencing in a court- martial; it also applies to any other corrections, including changes in a discharge, which may be warranted on equity or relief from injustice grounds. This guidance does not mandate relief, but rather provides standards and principles to guide BCM/NRs 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230005080 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1