1. Applicant's Name: a. Application Date: 29 October 2016 b. Date Received: 1 November 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to honorable and a change to his narrative reason for discharge. The applicant seeks relief contending, in effect, that his net active service was two years and an entry level separation was not appropriate after two years of service under AR 635-200. It should be noted; the partial separation packet found in the applicant's record shows he was discharged under the provisions of AR 635-200, Chapter 13, Unsatisfactory Performance with a characterization of service of general (under honorable conditions). Therefore, the applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. Per the Board's Medical Officer, based on the information available for review at the time including the applicant's case file, AHLTA and JLV. AHLTA notes indicate applicant was diagnosed with Adjustment Disorder with depression, Major Depressive Disorder, Personality Disorder. Applicant originally presented to Behavioral Health (BH) with suicidal ideation-reported he always developed suicidal ideation when he was not busy. Stated he saw no purpose to life. Because he had a credible plan and persistent SI, he was admitted to inpatient psych unit. While there, he underwent extensive psychological testing. Results were valid and showed him to have a Personality Disorder with prominent Schizoid traits. He reported he had been severely abused as a child-he was abandoned by his mother when he was a baby. His grandmother raised him until age 4 when his mother returned and claimed him. He reported mother would frequently not feed him and he was often hungry. She also physically abused him by beating him and whipping him with electrical cords. Applicant improved with hospitalization and was discharged. In April 2014 BH appointment, applicant reported he was being chaptered out of Army for APFT failure. In his Sep 2014 BH appointment, he again reported he was being chaptered out of Army for APFT failure. AT the time of the APFT, he had two untreated inguinal hernias and was awaiting his upcoming surgery date. He subsequently had surgery to repair these hernias. Review of JLV indicates applicant is 50% SC for Major Depression. Based on the available information, applicant has no mitigating Behavioral Health disorders In a records review conducted at Arlington, VA on 19 January 2018, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's in- service diagnosis of behavioral health issues with a 50% VA, service-connected disability rating and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined RE code was proper and equitable and voted not to change it. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, Chapter 13, b. block 26, separation code changed to JHJ, c. block 28, narrative reason for separation changed to Unsatisfactory Performance. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Entry Level Performance and Conduct / AR 635-200, Chapter 11 / JGA / RE-3 / Uncharacterized b. Date of Discharge: 22 September 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 22 August 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 August 2012 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 112 c. Highest Grade Achieved / MOS / Total Service: E-3 / 68W10, Health Care Specialist / 2 years, 25 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: Hawaii / None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this Chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier. Army policy states that a general, under honorable conditions discharge is normally considered appropriate; however, an honorable discharge may be granted in meritorious cases. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JHJ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 13, and unsatisfactory performance. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JHJ" will be assigned an RE Code of 3. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to honorable and a change to his narrative reason for discharge. The applicant seeks relief contending, in effect, that his net active service was two years and an entry level separation was not appropriate after two years of service under AR 635-200. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's service record is void of the complete facts and circumstances concerning the events which led to the discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates that on 22 September 2014, the applicant was discharged under the provisions of Chapter 11, AR 635-200, for entry level performance and conduct with a characterization of service of uncharacterized. The DD Form 214 also shows a Separation Program Designator (SPD) code of JGA and a reentry (RE) code of 3. However, the partial separation documents found in the applicant's record show he was discharged by the separation approving authority under the provisions of AR 635-200, Chapter 13, for Unsatisfactory Performance with a characterization of service of general (under honorable conditions). The appropriate SPD code and reason to assign enlisted Soldiers who are discharged for unsatisfactory performance is "JHJ" and the RE code is 3. In view of the foregoing, the applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. It should be noted that not with-standing the propriety of the applicant's discharge, it appears that the applicant's DD Form 214, blocks 25, 26, and 28 contains some erroneous entries which the board may want to consider. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 19 January 2018, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's in-service diagnosis of behavioral health issues with a 50% VA, service-connected disability rating and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. The Board determined RE code was proper and equitable and voted not to change it. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, blocks 25, 26, and 28, contain erroneous entries. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: a. block 25, separation authority changed to AR 635-200, Chapter 13, b. block 26, separation code changed to JHJ, c. block 28, narrative reason for separation changed to Unsatisfactory Performance. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Unsatisfactory Performance d. Change Authority to: AR 635-200, Chapter 13 e. Change SPD/RE Code to: Change SPD to JHJ / No change to RE code f. Restore Grade to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160018411 1