1. Applicant's Name: a. Application Date: 6 February 2018 b. Date Received: 9 February 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from uncharacterized to general (under honorable conditions) or honorable. The applicant seeks relief contending, in effect, the uncharacterized discharge was inequitable and the negative consequences of an uncharacterized discharge are severe and extreme. The applicant's military service and uncharacterized discharge resulted in the loss of legal status. The applicant had an appointment to take the oath of citizenship and if been allowed to attend this appointment, would have immediately became a US citizen, but the platoon did not permit attendance. The applicant still desires to help the United States through use of language skills. There is an opportunity to do this through the National Language Service Corps (NLSC), but to do this the applicant must be a United States citizen. 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 the applicant was seen several times by BH while in basic training. VA records indicate only DOD content. In a records review conducted at Arlington, VA on 28 January 2019, and by a 5-0 vote, the Board determined that the characterization of service was improper based on the circumstances surrounding the discharge (i.e. arbitrary and capricious and an in-service diagnosis of OBH). Therefore, the characterization not being proper and equitable, the Board granted relief in the form of an upgrade of the applicant's 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: Condition, Not A Disability / AR 635- 200 / Chapter 5, Paragraph 5-17 / JFV / RE-3 / Uncharacterized b. Date of Discharge: 23 February 2010 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 27 January 2010 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; he was seen by Behavioral Medicine Clinic personnel for a psychiatric evaluation due to his inability to adjust to the military lifestyle. He was diagnosed as suffering from adjustment disorder with depressed mood (Axis I), that will preclude him from further military service. It is their opinion that further efforts to rehabilitate and retrain him would be unsuccessful because he had shown signs of emotional distress, which may cause problems to the unit. He had a history of this condition prior to his enlistment in the military. He is emotionally frail and prone to psychologically crumble under the stress and structure of the military environment and will certainly pose a liability to any unit he is assigned. His emotional problems will hinder his successful completion of initial entry training. He was mentally responsible for his behavior, could distinguish right from wrong and had sufficient mental capacity to participate in administrative or judicial proceedings. He was psychiatrically cleared for separation in accordance with AR 635-200, paragraph 5-l 7c. He was counseled formally concerning his deficiencies and have been afforded ample opportunity to overcome those deficiencies, but he has not been able to do so. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 4 February 2010 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 17 February 2010 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 8 September 2009 / 4 years, 20 weeks b. Age at Enlistment / Education / GT Score: 34 years / College Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 5 months, 16 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant received several negative counseling statements; one for Chapter 5-17 separation and restarting OSUT; three for no go on the 15km road march, three no go on the physical fitness test; first time no go on combat lifesaver written exam. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 13 January 2010, revealed the applicant was diagnosed with an adjustment disorder with depressed mood. The applicant was recommend for separation from the Army under Chapter 5-17 (other mental conditions). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages), with issues continuation page; DD Form 214; Hardin Memorial Hospital, discharge summary (13 pages); Carney and Crow Laboratory, microbiology discharge report (four pages); four support / recommendation statements; Catawba College, Bachelor Diploma; Gardner-Webb University, Master's Degree; Military Accessions Vital to the National Interest (MAVNI) document (nine pages); Enlisted Record Brief; and individual training record for BCT and AIT (six pages); several counseling statements; memorandum to restart 19K OSUT; ASVAB scores; and OMPF documents (nine pages). 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier's ability to function in the military environment is significantly impaired. AR 635-200, paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. 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 requests an upgrade of the characterization of service from uncharacterized to general (under honorable conditions) or honorable. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record shows the applicant was discharged by reason of his inability to adjust to the military lifestyle. He was diagnosed as suffering from adjustment disorder with depressed mood (Axis I), that will preclude him from further military service. He had shown signs of emotional distress, which may cause problems to the unit. He had a history of this condition prior to his enlistment in the military. He is emotionally frail and prone to psychologically crumble under the stress and structure of the military environment and will certainly pose a liability to any unit he is assigned. He was psychiatrically cleared for separation in accordance with AR 635-200, paragraph 5-l 7c. A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier a probationary period. Army Regulation 635-200 also provides, except in cases of serious misconduct that a Soldier's service will be uncharacterized when his separation is initiated while the Soldier is in entry level status (ELS). A general discharge (GD) under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge (HD) is rarely ever granted. An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The applicant seeks relief contending, his uncharacterized discharge was inequitable and the negative consequences of an uncharacterized discharge are severe and extreme. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that his discharge was inequitable. 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 further contends, his military service and uncharacterized discharge resulted in the loss of his legal status; and he had an appointment to take the oath of citizenship; had he been allowed to attend this appointment, he would have immediately became a US citizen, but his platoon did not permit him to go. 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 also contends, he still desires to help the US through use of his language skills; there is an opportunity to do this through the National Language Service Corps (NLSC), but to do this he must be a US citizen. The Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): Character Reference - 2 pages Self-Authored Timeline - 2 pages b. The applicant presented the following additional contention(s): None c. Witness(es) / Observer(s): 10. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 28 January 2019, and by a 5-0 vote, the Board determined that the characterization of service was improper based on the circumstances surrounding the discharge (i.e. arbitrary and capricious and an in- service diagnosis of OBH). Therefore, the characterization not being proper and equitable, the Board granted relief in the form of an upgrade of the applicant's 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. 11. 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 AR20180003260 4