1. Applicant's Name: a. Application Date: 11 June 2018 b. Date Received: 15 June 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an uncharacterized discharge to honorable. The applicant seeks relief contending, in effect, that the discharge was the result of a truck accident that caused and affected the applicant mentally. The applicant contends that if the truck was not filled past the maximum, the applicant could be still serving the county and making the parents proud; especially the father. The Drill Sergeant took a career away in which the applicant could have been the next Master Sergeant like the father. One Drill Sergeant told the applicant if the applicant switched the MOS to Infantry, they would not chapter the applicant out because Infantry Soldiers do not get chaptered out of the Army; if the applicant could not protect oneself in training then how could the applicant protect the country? Even when the applicant was hurt on a profile and still trying to train while injured, the applicant still gave it all. The applicant sees nothing uncharacterized about being injured in the line of duty. The applicant has tried to get over it, but still has the visions of the truck incident three years later. The applicant thought everything was ok until the applicant yelled up in the night. The applicant finally got a call and told the parents and the father were very upset with the lack of respect the Drill Sergeants showed toward injured Soldiers hurt in the line of duty. The applicant would like the board to look at the investigation and make their determination on whether or not the applicant deserved to have been chaptered out of the Army because of a fraudulent reason to cover up for a Drill Sergeant and chain of command who was neglect at the safety of troops. The same Chain of Command including the Drill Sergeant who was charged with reckless driving are still serving and protecting the country that the applicant greatly loves while struggling every day. 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 Adjustment Disorder with Disturbance of Emotions and Adjustment Disorder with Depressed Mood. The applicant is 100% service-connected for Neurosis from the VA. The VA has also diagnosed the applicant with Schizophrenia, Major Depressive Disorder, Other Specified Trauma, and PTSD. In summary, based on the medical information available, the applicant's current discharge is proper and equitable for the time of service. In a records review conducted at Arlington, VA on 3 June 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: Condition, Not a Disability / AR 635- 200, Chapter 5-17 / JFV / RE-3 / Uncharacterized b. Date of Discharge: 30 June 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 May 2015 (2) Basis for Separation: The applicant was informed of the following reasons: based on the diagnosis of Adjustment Disorder with Depressed Mood by the Fort Benning Community Mental Health Services on 23 April 2015, which recommended separation under the provisions of AR 635- 200, Chapter 5-17. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 27 May 2015 the applicant refused to meet with legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 15 June 2015 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 February 2015 / 6 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 119 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 4 months, 21 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Several counseling statements reference recommendation for Entry Level Separation (ELS) under the provisions of AR 635-200, Chapter 5-17 for a diagnosed Adjustment Disorder with Depressed Mood and his failure to complete training due to mental state. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 23 April 2015, which shows the applicant was diagnosed with an Axis I for Adjustment Disorder with Depressed Mood. It was noted that the applicant was seen at MULTI-D Sand Hill because he no longer want to be in the military. He attributed his problems to the military environment and reports experiencing the following emotional symptoms: low mood, tearfulness, and feelings of hopelessness. Because he lacked intrinsic motivation to improve and exhibit persistent resistance to both unit and/or MULTI-D Sand Hill interventions to implement the same, he would continue to experience impairing difficulties if he remained on active duty. The applicant had been assessed for PTSD, TBI, SUD's, depression, and sexual assault that occurred while in the military and screened negative for all of these aforementioned conditions. The applicant had a qualifying diagnosis that was severe enough to interfere with his functioning in the military. Attempts to rehabilitate him via two different treatment modalities (i.e., supportive and group therapy) failed. Occupational issues that had resulted from the applicants conditions included: failure to complete basic training requirements, as well as an overall poor performance in the following areas: interest in the Army, attention to training, motivation to serve, military bearing, response to NCO's, and ability to follow instructions. The applicant's command evaluated his potential to be successful in the Army as poor. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; letter of support; separation packet documents; medical documents; Military Police Report relating to truck accident; weekly question threads/recruiter threads relating to 70 BCT Soldiers at Fort Benning in traffic accident; and DD Form 214 for the period of service under review. 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. A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization. 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 his uncharacterized discharge to 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, while in training status, and was diagnosed by competent medical authority with an Adjustment Disorder with Depressed Mood. The applicant had a qualifying diagnosis that was severe enough to interfere with his functioning in the military. Attempts to rehabilitate him via two different treatment modalities (i.e., supportive and group therapy) failed. It was recommended that the applicant be consider for discharge under the provisions of Chapter 5-17, AR 635-200. The applicant's service was uncharacterized because he was in entry-level status (ELS). A Soldier is in ELS for the first 180 days of continuous active duty. Army Regulation 635-200 provides, except in cases of serious misconduct, that a Soldier's service will be uncharacterized when separated in ELS. A general, under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. The service record confirms that no such unusual circumstances were present and his service did not warrant an honorable discharge. 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 character of service to be rated as honorable or otherwise. The applicant seeks relief contending that his discharge was the result of a truck accident that caused and affected him mentally. He contends that if the truck was not filled past the maximum, he could be still serving his county and making his parents proud especially his father. The Drill Sergeant took his career away in which he could have been the next Master Sergeant like his father. One Drill Sergeant told him if he switched his MOS to Infantry, they would not chapter him out because Infantry Soldiers do not get chaptered out of the Army; if he could not protect himself in training then how could he protect the country? Even when he was hurt on a profile and still trying to train while injured he still gave it all he had. He sees nothing uncharacterized about being injured in the line of duty. He has tried to get over it but he still has the visions of the truck incident three years later. He thought he was ok until he yelled up in the night. He finally got a call and told his parents and his father were very upset with the lack of respect the Drill Sergeants showed toward injured Soldiers hurt in the line of duty. He would like the board to look at his investigation and make their determination on whether or not he deserved to have been chaptered out of the Army because of a fraudulent reason to cover up for a Drill Sergeant and chain of command who was neglect at the safety of troops. The same Chain of Command including the Drill Sergeant who was charged with reckless driving are still serving and protecting the country that he greatly loves while he struggles every day. The applicant's contentions were noted; however, the record does not contain any evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the applicant's rights were fully protected throughout the separation process. Evidence of record shows the applicant failure to complete basic training requirements, as well as an overall poor performance in the following areas: interest in the Army, attention to training, motivation to serve, military bearing, response to NCO's, and ability to follow instructions. The applicant's command evaluated his potential to be successful in the Army as poor. 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 3 June 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 AR20180008350 1