1. Applicant's Name: a. Application Date: 14 February 2019 b. Date Received: 29 March 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a narrative reason change, a separation code change and a reentry eligibility (RE) code change. The applicant seeks relief contending, in effect, his relief for cause NCOER rating was extreme in reflection of his actual actions and short comings. His last NCOER was a top block 1/1. In a records review conducted on 15 September 2021, and by a 5 - 0 vote, the Board denied the request upon finding the separation was both proper and equitable. Please see Section 9 of this document for more detail regarding the Board's decision. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Non-Retention On Active Duty / AR 635-200 / Chapter 4 / JGH / RE-4 / Honorable b. Date of Discharge: 1 April 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 May 2015 (2) Basis for Separation: AHRC-EPF-M Memorandum, dated 22 April 2015, reflects the applicant was notified of being considered for separation as a result of DA Form 2166-8-R, dated 12 July 2013. (3) Recommended Characterization: NA (4) Legal Consultation Date: NA (5) Qualitative Management Program Selection Board Date: 14 July 2015 (6) Separation Decision Date / Characterization: 28 September 2015 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 October 2012 / 5 years b. Age at Enlistment / Education / GT Score: 30 / HS Graduate / 111 c. Highest Grade Achieved / MOS / Total Service: E-6 / 18B3P, SF Weapons Sergeant / 10 years, 5 months, 27 days d. Prior Service / Characterizations: RA, 5 October 2005 - 17 February 2009 / HD RA, 18 February 2009 - 30 September 2012 / HD e. Overseas Service / Combat Service: Korea, SWA / Iraq (4 July 2006 - 15 December 2006; 3 January 2007 - 4 November 2007; and, 1 October 2014 - 1 December 2014); and, Afghanistan (6 October 2013 - 24 April 2014) f. Awards and Decorations: PH, ARCOM-2, AAM-3, AGCM-3, NDSM-2, ACM-CS, ICM- CS, GWOTSM, KDSM, NCOPDR-2, ASR, OSR, CIB / The applicant's AMHRR reflects award of the ACM-CS, however, the award is not reflected on the DD Form 214. g. Performance Ratings: 1 March 2008 - 1 October 2009 / Fully Capable 7 November 2009 - 6 November 2010 / Fully Capable 30 November 2012 - 12 July 2013 / Marginal 13 July 2013 - 31 May 2014 / Fully Capable 1 June 2014 - 31 May 2015 / Among the Best h. Disciplinary Action / Evidentiary Record: AHRC-EPF-M Memorandum as described in previous paragraph 3c. The applicant's DD Form 214, reflects he was not transferred to the USAR Control Group and he did not have a Reserve Obligation Termination Date. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: Letter from Office of the Chief Legislative Liaison; Privacy Act Release Form; Email; DD Form 149; DD Form 293; three letters of recommendation; and, DA Form 2166-8. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with application. 7. STATUTORY, REGULATORY AND POLICY REFERENCES: a. Section 1553, Title 10, United States Code (Review of Discharge or Dismissal) provides for the creation, composition, and scope of review conducted by a Discharge Review Board(s) within established governing standards. As amended by Sections 521 and 525 of the National Defense Authorization Act for Fiscal Year 2020, 10 USC 1553 provides 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), Traumatic Brain Injury (TBI), sexual trauma, intimate partner violence (IPV), or spousal abuse, as a basis for discharge review. The amended guidance provides 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, sexual trauma, IPV, or spousal abuse, as a basis for the discharge. Further, the guidance provides that Military Boards for Correction of Military/Naval Records and Discharge Review Boards will develop and provide specialized training specific to sexual trauma, IPV, spousal abuse, as well as the various responses of individuals to trauma. b. Multiple Department of Defense Policy Guidance Memoranda published between 2014 and 2018. The documents are commonly referred to by the signatory authorities' last names (2014 Secretary of Defense Guidance [Hagel memo], 2016 Acting Principal Deputy Under Secretary of Defense for Personnel and Readiness [Carson memo], 2017 Official Performing the Duties of the Under Secretary of Defense for Personnel and Readiness [Kurta memo], and 2018 Under Secretary of Defense for Personnel and Readiness [Wilkie memo]. c. Individually and collectively, these documents provide further clarification 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. (1) 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. d. Army Regulation 15-180 (Army Discharge Review Board), sets forth the policies and procedures under which the Army Discharge Review Board is authorized to review the character, reason, and authority of any Servicemember discharged from active military service within 15 years of the Servicemember's date of discharge. Additionally, it prescribes actions and composition of the Army Discharge Review Board under Public Law 95-126; Section 1553, Title 10 United States Code; and Department of Defense Directive 1332.41 and Instruction 1332.28. e. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. (1) Chapter 3, Section II provides the authorized types of characterization of service or description of separation. (2) Paragraph 3-7a states an Honorable discharge is a separation with honor and is appropriate when the quality of the Soldier'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. (3) Chapter 19 contains policies and procedures for voluntary and involuntary separation, for the convenience of the Government, of RA NCOs and USAR NCOs serving in AGR status, under the QMP. NCOs whose performance, conduct, and/or potential for advancement do not meet Army standards, as determined by the approved recommendations of HQDA centralized selection boards responsible for QMP screening, will be denied continued service. (4) Paragraph 19-1b, states the service of a Soldier separated under this paragraph will be characterized as honorable. f. 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 "JGH" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 19, paragraph 19-12, non-retention on active duty. g. MILPER Message Number 14-314, Procedures for the FY15 Qualitative Management Program (QMP), paragraph 7e stipulates: Involuntary Discharge: Soldiers who do nothing and are involuntarily discharged will have their DD Form 214 coded with SPD code "JGH" and reenlistment Eligibility code "RE-4." 8. DISCUSSION OF FACTS: The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. The applicant requests a narrative reason change, a SPD code change and an RE code change. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The applicant contends the narrative reason and separation code (SPD) needs changed. 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 "JGH" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 19, paragraph 19-12, non-retention on active duty. The regulation stipulates no deviation is authorized. The Soldier will be assigned an RE Code of "4." The AMHRR indicates someone in the discharge process erroneously entered on the applicant's DD Form 214, block 25, "AR 635-200, Chapter 4." The evidence of the record reflects the applicant was involuntarily separated under the Qualitative Management Program (QMP). Soldiers involuntarily separated as the result of a QMP board, will be separated under the provisions of Army Regulation 635-200, Chapter 19, paragraph 19-12, non-retention on active duty. The applicant contends the RE code needs changed to reflect a "3". The evidence of the record reflects the applicant was processed under the procedures outlined in MILPER Message Number 14-314. Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on MILPER Message Number 14-314, the applicant was appropriately assigned an RE code of "4." An RE code of "4" cannot be waived and the applicant is no longer eligible for reenlistment. The applicant contends his relief for cause NCOER rating was extreme in reflection of his actual actions and short comings. The applicant's issue does not fall within this board's purview. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The applicant contends good service, including a combat tour. The Board considered the service accomplishments and the quality of service. 9. BOARD DISCUSSION AND DETERMINATION: a. As directed by the 2017 memo signed by A.M. Kurta, the board considered the following factors: (1) Did the applicant have a condition or experience that may excuse or mitigate the discharge? Yes. The Board's Medical Advisor, a voting member, reviewed DoD and VA medical records and found the applicant was diagnosed with Adjustment Disorder by the military and diagnosed with PTSD by the VA, which, in the opinion of the Board's Medical Advisor, could potentially mitigate the misconduct which led to separation from the Army. (2) Did the condition exist or experience occur during military service? Yes. The applicant is 70% service-connected for PTSD by the VA; the applicant was diagnosed with Adjustment Disorder while in the military. (3) Does the condition or experience actually excuse or mitigate the discharge? No. Since the applicant was not discharged due to misconduct, liberal consideration did not apply in this case. Applicant currently has an Honorable Discharge. There is no indication in his military medical records that his in-service diagnosis of Adjustment Disorder or his post-service VA diagnosis of PTSD caused any impairment in his occupational or social functioning. He never sought outpatient BH treatment during active duty, required any psychiatric hospitalization, received any psychiatric profiles, and was not prescribed any psychiatric-specific medications. (4) Does the condition or experience outweigh the discharge? No. The Board concurred with the opinion of the Board's Medical Advisor, a voting member, that there are no mitigating BH conditions. There is no indication the applicant's diagnosis caused any impairment in his ability to function either occupationally or socially. b. Response to Contentions: (1) The applicant contends the narrative reason and separation code (SPD) needs changed. The applicant contends the RE code needs changed to reflect a "3". The applicant did not provide any evidence or testimony to support these contentions. (2) The applicant contends his cause of relief NCOER rating was extreme in reflection of his actual actions and short comings. The applicant's contention does not fall within this board's purview. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. (3) The applicant contends good service, including a combat tour. The Board considered the applicant's accomplishments to include the length of service, quality of service, and combat tour, but found insufficient evidence to overturn the results of a QMP board. c. The Board determined that the discharge is, at this time, proper and equitable, in light of the current evidence of record. However, the applicant may request a personal appearance hearing to address the issues before the Board. The applicant is responsible for satisfying the burden of proof and providing documents or other evidence sufficient to support the applicant's contention(s) that the discharge was improper or inequitable. d. Rationale for Decision: (1) The Board voted not to change the applicant's characterization of service because, there were no BH diagnoses which mitigated cause for QMP separation. The applicant did not supply sufficient independent corroborating evidence to support contentions, and 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. (2) The Board voted not to change the applicant's reason for discharge or accompanying SPD code under the same pretexts, as the reason the applicant was discharged was both proper and equitable. (3) The RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Separation Order: No b. Change Characterization to: No Change c. Change Reason / SPD Code to: No Change d. Change RE Code to: No Change e. Change Authority to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave AMHRR - Army Military Human Resource Record BCD - Bad Conduct Discharge BH - Behavioral Health CG - Company Grade Article 15 CID - Criminal Investigation Division ELS - Entry Level Status FG - Field Grade Article 15 GD - General Discharge HS - High School HD - Honorable Discharge IADT - Initial Active Duty Training MP - Military Police MST - Military Sexual Trauma N/A - Not applicable NCO - Noncommissioned Officer NIF - Not in File NOS - Not Otherwise Specified OAD - Ordered to Active Duty OBH (I) - Other Behavioral Health (Issues) OMPF - Official Military Personnel File PTSD - Post-Traumatic Stress Disorder RE - Re-entry SCM - Summary Court Martial SPCM - Special Court Martial SPD - Separation Program Designator TBI - Traumatic Brain Injury UNC - Uncharacterized Discharge UOTHC - Under Other Than Honorable Conditions VA - Department of Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20190003171 6