1. Applicant's Name: a. Application Date: 15 May 2017 b. Date Received: 20 May 2015 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant, through counsel, requests an upgrade of an uncharacterized discharge to honorable and a narrative reason change. The applicant seeks relief contending, in effect, the applicant's chain of command made a material error of discretion by discharging the applicant from the National Guard due to anxiety and panic issues experienced four months prior to discharge. The chain of command should have abided by the annotation on the physical profile that stated the applicant would be completely fit for duty within three months. The command ignored this statement and processed the applicant for separation. Further, the applicant has demonstrated through post-service accomplishments that the applicant can certainly handle stressful situations, as demonstrated by academic achievements and professional achievements. However, the applicant's achievements in civilian life will not restore good name and the trepidation experienced any time the topic of military service is broached. Counsel further details contentions in an allied legal brief. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate no BH diagnoses while on active duty. The applicant does not have any VA records for review. In summary, there is insufficient evidence in order to make a medical mitigation at this time. In a records review conducted at Arlington, VA on 16 August 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Failure to Meet Medical Procurement Standards / NGR 600-200, Paragraph 6-35c(5)(a) / NA / RE-3 / Uncharacterized b. Date of Discharge: 16 January 2014 c. Separation Facts: (1) Date Entrance Physical Standards Board (EPSBD) convened: NIF (2) EPSBD Findings: NIF (3) Date Applicant Reviewed and Concurred with the Findings, and Requested Discharge without Delay: NIF (4) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 May 2012 / 8 years (ARNG) b. Age at Enlistment / Education / GT Score: 20 / 2 years college / 114 c. Highest Grade Achieved / MOS / Total Service: E-6 / None / 1 year, 7 months, 29 days d. Prior Service / Characterizations: IADT, 25 June 2012 - 6 September 2012 / NIF (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Orders 203-053, dated 22 July 2013, reflects the applicant was reduced form Staff Sergeant to Private First Class. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Initial Medial Review - Annual Medical Certificate, dated 21 November 2013, reflects the applicant indicated that he had been diagnosed with a severe anxiety disorder involving anxiety and panic attacks. Physical Profile, dated 8 January 2014, reflects the applicant had the following medical conditions: Unresolved Behavioral Health issues. The applicant was undergoing a behavioral health evaluation for severe anxiety and panic attacks. Bettendorf Pediatrics & Family Practice letter, dated 12 November 2014, reflects the applicant was treated for anxiety in August 2014. He was taking Paxil and Xanax as needed to help with the condition. As of the date of the letter, the applicant was no longer being treated for the condition. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; legal brief with all listed enclosures; Congressional inquiry; Award certificate; résumé; college transcripts; third party statement; marriage certificate; self-authored letter; medical treatment documents; Request for Waiver; NGB Form 22; DA Form 3349; DA Form 7349; Personnel Qualification Record; Orders: 2177006; and, Enlisted Record Brief. 6. POST SERVICE ACCOMPLISHMENTS: The applicant earned his Bachelor's Degree and is pursuing his Master's Degree. The applicant has obtained employment and excelled within the organization. The applicant also volunteers in his community coaching high school football. 7. REGULATORY CITATION(S): National Guard Regulation (NGR) 600-200, establishes standards, policies, and procedures for the management of the Army National Guard (ARNG) and the Army National Guard of the United States (ARNGUS) enlisted Soldiers in the functional areas of: Classification and Reclassification; Personnel Management; Assignment and Transfer, including interstate transfer; Special Duty Assignment Pay; Enlisted Separations; and, Command Sergeant Major Program. Chapter 6 sets the policies, standards, and procedures for the separation of enlisted Soldiers from the ARNG/ARNGUS. Paragraph 6-35c(5)(a), provides for separation of enlisted Soldiers who are not medically qualified under procurement medical fitness standards. Including Soldiers who fail to meet medical procurement standards of AR 40- 501, chapter 2 prior to entry on IET including positive urinalysis and Human Immunodeficiency Virus (HIV) in entrance physicals: RE 3, or RE 4 for HIV. Army Regulation (AR) 135-178, chapter 6, prescribes for separations of enlisted Soldiers for the convenience of the Government. Paragraph 6-6, provides for the discharge of Soldiers, when a determination that a Soldier was not medically qualified under procurement medical fitness standards when accepted for enlistment, or who became medically disqualified under these standards prior to entry on IADT. A Soldier found to be not medically qualified under procurement medical fitness standards will be discharged on the earliest practicable date following such determination and prior to entry on IADT. The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable. However for Soldiers in entry-level status, it will be uncharacterized. AR 135-178, states upon enlistment, a Soldier qualifies for entry level status during: The first 180 days of continuous active military service or the first 180 days of continuous active service after a service break of more than 92 days of active service. A member of a reserve component who is not on active duty or who is serving under a call or order to active duty for 180 days or less begins entry level status upon enlistment in a reserve component. Entry level status for such a member of a reserve component terminates as follows: 180 days after beginning training if the Soldier is ordered to ADT for one continuous period of 180 days or more; or, 90 days after the beginning of the second period of ADT if the Soldier is ordered to ADT under a program that splits the training into two or more separate periods of active duty. For the purposes of characterization of service, the Soldier's status is determined by the date of notification as to the initiation of separation proceedings. National Defense Authorization Act 2017 provided specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards when considering discharge upgrade requests by Veterans claiming Post Traumatic Stress Disorder (PTSD) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided that Boards will include, as a voting board member, a physician trained in mental health disorders, a clinical psychologist, or a psychiatrist when the discharge upgrade claim asserts a mental health condition, including PTSD; TBI; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance to the Military Discharge Review Boards and Boards for Correction of Military/Naval Records when considering requests by Veterans for modification of their discharge due to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Liberal consideration will be given to Veterans petitioning for discharge relief when the application for relief is based in whole or in part on matters relating to mental health conditions, including PTSD; TBI; sexual assault; or sexual harassment. Special consideration will be given to Department of Veterans Affairs (VA) determinations that document a mental health condition, including PTSD; TBI; or sexual assault/harassment potentially contributed to the circumstances resulting in a less than honorable discharge characterization. Special consideration will also be given in cases where a civilian provider confers diagnoses of a mental health condition, including PTSD; TBI; or sexual assault/harassment if the case records contain narratives supporting symptomatology at the time of service or when any other evidence which may reasonably indicate that a mental health condition, including PTSD; TBI; or sexual assault/harassment existed at the time of discharge might have mitigated the misconduct that caused a discharge of lesser characterization. Conditions documented in the service record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which a mental health condition, including PTSD; TBI; or sexual assault/harassment may be reasonably determined to have existed at the time of discharge, those conditions will be considered potential mitigating factors in the misconduct that caused the characterization of service in question. All Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a less than Honorable characterization of service. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD, PTSD-related conditions due to TBI or sexual assault/harassment as causative factors in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Caution shall be exercised in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. 8. DISCUSSION OF FACT(S): The applicant, through counsel, requests an upgrade of his uncharacterized discharge to honorable and a narrative reason change. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted NGB Form 22 (Report of Separation and Record of Service), which reflects the applicant was not available for signature. The NGB Form 22, indicates the applicant was discharged under the provisions of NGR 600- 200, Paragraph 6-35c(5)(a), by reason of Failure to meet procurement standards of AR 40-501, with a characterization of service of Uncharacterized. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process. Further, the uncharacterized description of service accurately reflects the applicant's overall record of service. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier's military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. The applicant contends the narrative reason for the discharge should be changed. However, the applicant was separated under the provisions of Chapter 6-35c(5)(a), NGR 600-200, with a uncharacterized discharge. The narrative reason specified by NGR 600-200, for a discharge under this paragraph is "Failed to Meet Medical Procurement Standards." Governing regulations stipulate that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Further, 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. The applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. The applicant contends his command failed to abide by the annotation on the physical profile that stated he would be completely fit for duty within three months and simply discharged him. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service record. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. If the applicant desires a personal appearance hearing, it will be 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. Based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 16 August 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code 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 AR20170010166 3