IN THE CASE OF: BOARD DATE: 7 June 2021 DOCKET NUMBER: AR20190004977 APPLICANT REQUESTS: an upgrade of his under honorable conditions (general) character of service to honorable. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * 3 memorandums * 2 DA Forms 4856 (Developmental Counseling Form) * DA Form 3822 (Report of Mental Status Evaluation) * DD Form 2807-1 (Report of Medical History) FACTS: 1. The applicant states, in effect, his character of service is in error because the enclosed memorandums all recommended an honorable discharge. He was diagnosed with adjustment disorder and recommended for separation. His service prior to his depression was good. In light of his situation, he believes an honorable discharge is proper. 2. The applicant enlisted in the Regular Army on 11 August 2014. He completed training and he was awarded military occupational specialty 11B (Infantryman). 3. On 4 October 2016, he received an event oriented counseling from his platoon sergeant. The purpose of the counseling was to discuss his actions on 22 September 2016, when he informed his chain of command that he was thinking of hurting himself. The applicant asked for help, went to the medical center, and received treatment. The applicant was notified that for the time being, he would be flagged pending possible administrative separation under Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), Chapter 5-17. The applicant concurred with the counseling. 4. On 4 October 2016, the applicant underwent a command directed mental status evaluation. A clinical psychology resident diagnosed him with an Adjustment Disorder with Anxious Mood, Acute. At the time of the evaluation, the applicant denied symptoms of mania, psychosis, or current suicidal/homicidal ideations, plans, or intent. He also denied any history of sexual assault or traumatic brain injury while enlisted in the Army. There was no psychiatric disorder or defect that warranted disposition through medical channels in accordance with Army Regulation 40-501 (Standards of Medical Fitness). The applicant was mentally sound and able to appreciate any wrongfulness in his conduct and to conform his conduct to the requirements of the law. He was considered accountable for his actions and subject to the normal channels of counseling and discipline. He had the mental capacity to understand and participate in board or other administrative proceedings. The applicant was psychiatrically cleared for chapter separation. 5. His current symptoms appeared to be a reaction to occupational stressors. This disorder is of sufficient severity to interfere with the applicant’s ability to function in the military. The applicant had not improved with behavioral health treatment to date and was unlikely to improve with future treatment efforts. It was the professional opinion of the psychologist that the applicant would not respond to command efforts at rehabilitation, or to any behavioral health treatment methods currently available in the military. 6. On 14 December 2016, his immediate and intermediate commanders recommended the applicant receive an honorable discharge. 7. On 3 January 2017, the separation authority approved the applicant's separation under the provisions of Army Regulation 635-200, chapter 5-17, with an honorable characterization of service. On 28 January 2017, he was discharged. 8. His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-200, paragraph 5-17, for Condition, Not a Disability with an under honorable conditions (general) characterization of service. He completed 2 years, 5 months and 18 days of total active service with no lost time. 9. Army Regulation 635-200, paragraph 5-17, states commanders who are special court- martial convening authorities may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to or performance of duty. A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition. Members may be separated for physical or mental conditions not amounting to disability, which are sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is warranted. 2. The Board found the separation authority directed that the applicant's service would be characterized as honorable and the entry "under honorable conditions (general)" on his DD Form 214 is clearly an error. The Board determined the applicant's DD Form 214 should be corrected to show his character of service was honorable. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing his DD Form 214 to show his character of service as honorable. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 5-17, states commanders who are special court-martial convening authorities may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to or performance of duty. A recommendation for separation must be supported by documentation confirming the existence of the physical or mental condition. Members may be separated for physical or mental conditions not amounting to disability, which are sufficiently severe that the Soldier's ability to effectively perform military duties is significantly impaired. b. An honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. c. Paragraph 3-7b states that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 2. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and BCM/NRs regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. a. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief on the basis of equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. b. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190004977 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1