1. Applicant's Name: a. Application Date: 3 November 2017 b. Date Received: 11 January 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from general (under honorable conditions) to honorable and a change to the reentry eligibility (RE) code. The applicant seeks relief contending, in effect, served honorably and abided to outstanding moral values and the decision was unjustified. The applicant is worthy of an honorable discharge and a proper RE code. The discharge upgrade and RE code change would allow the applicant to benefit from education entitlements and have greater career opportunities. The applicant had to face difficult situations including racial discrimination, homelessness and divorce. The applicant desires to reenter the Reserves or National Guard. 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 diagnoses of Depression with Anxiety. The applicant is 100% service-connected for Schizoaffective Disorder from the VA. The VA has also diagnosed the applicant with Depression, Psychotic Disorder, Schizophrenia, Schizoaffective Disorder, and Dissociative Disorder. In summary, the applicant's BH diagnosis is not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 11 March 2020, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, a prior period of honorable service, the circumstances surrounding the discharge (i.e. post-service diagnosis of OBHI), 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 the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Unsatisfactory Performance / AR 635- 200, Chapter 13 / JHJ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 25 January 2008 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 21 December 2007 (2) Basis for Separation: The applicant was informed of the following reasons for her discharge; she failed a record Army physical fitness test (13 July 2007); she failed a second consecutive record Army physical fitness test (20 September 2007); she also failed a diagnostic Army physical fitness test (6 June 2007). She had no medical limitations that prohibited her from taking the Army physical fitness test. It was the unit commander's judgment that she would not develop sufficiently to participate satisfactorily in further training and become a satisfactory Soldier. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 28 December 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 January 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 April 2007 / 4 years, 11 months b. Age at Enlistment / Education / GT Score: 32 years / 3 years college / 91 c. Highest Grade Achieved / MOS / Total Service: E-4 / 42A10, Human Resources Specialist / 5 years, 4 months, 29 days d. Prior Service / Characterizations: ARNG, 27 August 2002 to / 4 February 2003 / NA IADT, 5 February 2003 to 12 September 2003 / UNC ARNG, 13 September 2003 to 8 April 2007 / HD e. Overseas Service / Combat Service: Germany f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 7 November 2007, reflects that the applicant met the retention requirements of Chapter 3, AR 40-501; and did not meet the criteria for a MEB. There was no evidence of an emotional or mental condition of sufficient severity to warrant disposition through medical channels. There was no evidence of a psychiatric condition, which would prevent the applicant from participating in any legal or administrative actions. She was currently mentally responsible for her behavior, could distinguish right from wrong, and possessed sufficient mental capacity to understand and participate in any administrative or judicial proceedings. CG Article 15, dated 30 October 2007, for without authority, fail to go at the time prescribed to her appointed place of duty (12 October 2007); disrespectful in language and deportment toward SSG K.E., a noncommissioned officer, who was then in the execution of her duties, by interrupting her when she was speaking and by saying, ''Or what? You going to slap me?" or words to that effect (17 October 2007); and having received a lawful order from SGT J.G., a noncommissioned officer, to write a 2,000 word essay on military customs and courtesies, hand written, and turn it in to SFC E., first thing on Wednesday morning 19 September 2007, or words to that effect, did willfully disobey the same (19 September 2007); reduction to PFC / E-3, forfeiture of $403 pay for one month (suspended), extra duty and restriction for 14 days. The applicant received numerous negative counseling statements for various acts of misconduct; monthly counseling, entry in the weight control program, failure to meet body fat standard, failure of the APFT and being informed of pending separation action. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); two requests for commander: evaluation redress system; DD Form 214; VA, verification of honorable service; supporting information; Chapter 13 discharge documents (56 pages); Army Evaluation Report Appeals and Formats (eight pages); applicant's statement (two pages). 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, 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 the characterization of service from general (under honorable conditions) to honorable and a change to the RE code. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The record confirms that the applicant's discharge was appropriate because of unsatisfactory performance which diminished the quality of her service below that meriting an honorable discharge at the time of separation. The applicant provided no independent corroborating evidence demonstrating either the command's action was erroneous or the applicant's service mitigated the duty performance, such that she should have been retained on Active Duty. The applicant seeks relief contending, effect, she served honorably and abided to outstanding moral values and the decision was unjustified; and she is worthy of an honorable discharge and a proper RE code. However, the service record indicates the applicant committed many discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of her service, brought discredit on the Army, and were prejudicial to good order and discipline. 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 applicant further contends, her discharge upgrade and RE code change would allow her to benefit from education entitlements and have greater career opportunities. Eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant also contends, she had to face difficult situations including racial discrimination, homelessness and divorce. This contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The applicant desires to reenter the Reserves or National Guard. Soldiers being processed for separation are assigned reentry codes based on their reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There was no basis to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 11 March 2020, and by a 4-1 vote, the Board determined that the characterization of service was too harsh based on the applicant's length of service, a prior period of honorable service, the circumstances surrounding the discharge (i.e. post-service diagnosis of OBHI), 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 the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 AR20180002437 1