1. Applicant's Name: a. Application Date: 16 January 2016 b. Date Received: 25 January 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The current characterization of service for the period under review is honorable. The applicant requests a change of his reentry (RE) and Separation Program Designator (SPD) codes along with a narrative reason change. The applicant seeks relief contending, in effect, he honorably completed his service and was separated with a SPD code of "MBK" and a RE code of "3." The applicant states he tried to enlist into United States Army Reserve (USAR); however, he does not know the reason for the codes he received. A recruiter told him it was probably a mistake. In a records review conducted on 28 July 2021, and by a 5-0 vote, the Board determined that the discharge was improper based on the applicant's completion of military service. The Board voted to grant relief in the form of an upgrade of the reentry code to RE-1. 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: Completion of Required Active Service / AR 635-200 / Chapter 4 / MBK / RE-3 / Honorable b. Date of Discharge: 14 July 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 11 May 2018 (2) Basis for Separation: Orders 131-0130, dated 11 May 2018, reflect the applicant was reassigned to the U.S. Army transition point for transition processing, with a reporting date of 14 July 2018. After processing he was released from active duty not by reason of physical disability an assigned to the USAR Control Group (REINF), with a terminal date of Reserve obligation of 22 October 2022. (3) Recommended Characterization: NIF (4) Legal Consultation Date: NA (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NA 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 January 2015 / 3 years, 24 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92G1O, Culinary Specialist / 3 years, 5 months, 17 days d. Prior Service / Characterizations: NA e. Overseas Service / Combat Service: Korea / None f. Awards and Decorations: AAM-2, NDSM, KDSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Enlisted Record Brief, dated 16 January 2018, reflects the applicant was ineligible for reenlistment. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, DD Form 214 6. POST SERVICE ACCOMPLISHMENTS: None submitted with application. 7. STATUTORY, REGULATORY AND POLICY REFERENCE(S): 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]. (1) 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. (2) 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. c. Army Regulation 15-180 (Army Discharge Review Board), dated 25 September 2019, 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. d. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. (1) Chapter 3, paragraph 3-7, establishes the types of administrative discharges/character of service. An honorable discharge is a separation with honor. The honorable characterization 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. Only the honorable characterization may be awarded a Soldier upon completion of his/her period of enlistment or period for which called or ordered to AD or ADT or where required under specific reasons for separation, unless an entry-level status separation (uncharacterized) is warranted. (2) Chapter 4, establishes the policies and procedures for separating a Soldier upon expiration of enlistment of fulfillment of service obligation. The periods of military service required of all Army Soldiers will be in accordance with applicable laws. Periods for which enlistment is authorized are in NGR 600-200, AR 140-111, and AR 601-210. Periods for which Soldiers are ordered to AD are prescribed by law. Soldier enlisted or ordered to AD normally will be discharged or released from AD on the date he/she completes the period for which enlisted or ordered to AD. Personnel released from AD and transferred to the USAR upon completion of the term of service for which ordered into active Federal service, or released to their Reserve Component upon completion of AD. These Soldiers will not be discharged until completion of their reserve obligation. (3) Paragraph 4-5, states, a Soldier being separated upon expiration of enlistment or fulfillment of service obligation will be awarded a character of service of honorable, unless the Soldier is in entry-level status and service is uncharacterized. e. 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 "MBK" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 4, for completion of required active service, who are eligible to reenlist or with a DCSS in force and who are REFRAD on completion of enlistment and transferred to the Reserve Components to complete Military Service obligation. f. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "MBK" will be assigned an RE Code of 3, when they are ineligible to reenlist or have a DCSS in force. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "MBK" will be assigned an RE Code of "3." 8. DISCUSSION OF FACT(S): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. The applicant's AMHRR record of service, the issues and documents submitted with the application were carefully reviewed. The applicant requests a change of his RE and SPD codes along with a narrative reason change. The record confirms that the applicant's discharge was appropriate because the quality of the service was consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. The evidence of the record reflects that the applicant entered Active Duty on 28 January 2015, for a period of 3 years and 21 weeks. At the time of the applicant's discharge, the applicant had served 3 years, 5 months and 17 days on Active Duty. The applicant's official service record reflects no acts of misconduct or derogatory information. However, evidence of the record, reflects the applicant was barred from reenlistment. Upon the applicant's separation from Active Duty, the applicant was transferred to the USAR Control Group to serve his remaining service obligation until 9 October 2022. The applicant requests a change of his RE and SPD codes along with a narrative reason change. The applicant was separated under the provisions AR 635-200, chapter 4, with an honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Completion of Required Active Service," and the separation code is "MBK." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. 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. The regulation further stipulates that no deviation is authorized. The applicant desires to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the 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 is no basis upon which 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 RE codes if appropriate. 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? N/A. There was no misconduct needing mitigation, so liberal consideration does not apply to this case. (2) Did the condition exist or experience occur during military service? N/A (3) Does the condition or experience actually excuse or mitigate the discharge? N/A (4) Does the condition or experience outweigh the discharge? N/A b. The applicant contends his SPD and RE codes are improper. The Board voted that the SPD code is proper, as it is tied to his reason for discharge, but the RE code warranted upgrade, allowing applicant to reenlist. c. The Board determined that the discharge was improper, and voted to grant requested RE code relief. d. Rationale for Decision: (1) The board voted not to change the characterization because it was already Honorable. (2) The board voted not to change the reason because Completion of Military Service is proper, as is the accompanying SPD code of MBK. (3) The RE code is upgraded to RE-1, allowing applicant to re-enlist without a waiver. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason / SPD Code to: No Change d. Change RE Code to: RE-1 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 AR20190003611 1