1. Applicant's Name: a. Application Date: 27 February 2019 b. Date Received: 7 March 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The current characterization of service for the period under review is uncharacterized. The applicant requests an upgrade to honorable. The applicant seeks relief contending, in effect, she was cast aside by the military and treated the way she was treated was a travesty of injustice. She should have received an honorable discharge. She was harshly treated, bullied and picked on because she needed medical attention. Her drill sergeant showed her no empathy or compassion. She was not afforded the opportunity for rehabilitation. She was not allowed to take the necessary time off to heal, as recommended. Her uncharacterized discharge does not fit her circumstances. She wants to proceed with the necessary medical treatments required. In a records review conducted on 30 April 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: Condition, Not A Disability / AR 635- 200 / Chapter 5, Paragraph 5-17 / JFV / RE-3 / Uncharacterized b. Date of Discharge: 13 June 2018 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 24 May 2018 (2) Basis for Separation: The applicant was informed of the following reason for her discharge; she was diagnosed with right MTP stress injury, which significantly limits her ability to train. CPT A.D., feels separation from the military was best at the time. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 24 May 2018, applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 June 2018 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 February 2018 / IADT / NIF b. Age at Enlistment / Education / GT Score: 24 / BA Degree / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 4 months, 21 days d. Prior Service / Characterizations: USAR, 23 January 2018 to 5 February 2018 / NA (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant received several counseling statements regarding her pending separation action. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); DD Form 214; Summary of Narrative (seven pages); three Photocopies of JROTC Awards; Medical Record (15 pages); X-Rays (six pages); Information Paper, Knee Pain (two pages); and The Orthopaedic Center (TOC) Documents (four pages). 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the 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, 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) Paragraph 3-9 states a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status. (4) Paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, general (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. (5) 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. (6) Glossary defines entry-level status for RA Soldiers is the first 180 days of continuous AD or the first 180 days of continuous AD following a break of more than 92 days of active military service. For ARNGUS and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR. For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training. For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT). (Soldiers completing Phase I BT or basic combat training remain in entry-level status until 90 days after beginning Phase II.) 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 "JFV" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5-17, Condition, Not a Disability. f. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFV" 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 requests an upgrade to honorable. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed. The evidence of record shows the applicant, while in training status, was evaluated by competent medical authority and determined the applicant was diagnosed with right MTP stress injury, which significantly limits her ability to train. The commander determined and the applicant concurred, these injuries would prevent her from completing training and separation action would be initiated. The applicant seeks relief contending, she was cast aside by the military was a travesty of injustice; her drill sergeant showed her no empathy or compassion; and, she should have received an honorable discharge. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant also contends, she was harshly treated, bullied and picked on because she needed medical attention. There is no evidence in the AMHRR the applicant sought assistance or reported the harassment. The applicant additionally contends, she was not afforded the opportunity for rehabilitation and the necessary time off to heal. The applicant contends, her uncharacterized discharge does not fit her circumstances. The AMHRR confirms the applicant was in an ELS at the time of separation. 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 a Soldier's service will be uncharacterized when separation is initiated while the Soldier is in entry level status (ELS). The applicant contends, she wants to proceed with the necessary medical treatments required. Eligibility for veteran's benefits, to include medical treatment, does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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? (NO) The Board arrived at this finding based upon the Medical Advisor's review of DOD and VA medical records. These systems indicate the applicant did not hold an in-service behavioral health diagnosis. Post-service, while she has been diagnosed with Anxiety Disorder, Major Depressive Disorder, and PTSD, she is not service connected for a behavioral health condition and trauma is unknown. (2) Did the condition exist or experience occur during military service? (N/A) The applicant is not service connected for a BH condition. While in ELS status, the applicant sustained an injury and received treatment. After appropriate rehabilitation, the command and medical advisors recommended separation in the best interest of the Soldier. (3) Does the condition or experience actually excuse or mitigate the discharge? (N/A) The applicant was discharged under Chapter 5-17, Condition not a Disability. There is no misconduct to mitigate. Further the applicant is service connected for a knee injury. The ADRB decided that the discharge is proper and equitable. (4) Does the condition or experience outweigh the discharge? (N/A) The ADRB found that the applicant was in ELS status and separated with an uncharacterized discharge because she had completed less than 180 days of active duty. Further, the Board found that the applicant's reason for discharge was for Condition not a Disability. Not only is there no condition or experience, there is also no misconduct against which to weigh. b. The ADRB determined that the applicant's characterization of service was proper and equitable. At this time, there are no experiences or conditions for consideration. c. The applicant seeks relief contending, she was cast aside by the military and treated the way she was treated was a travesty of injustice; and her drill sergeant showed her no empathy or compassion. The ADRB found no documents within the AMHRR demonstrating arbitrary or capricious actions by the command. The Board decided that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. d. The applicant further contends she should have received an honorable discharge. An honorable discharge (HD) is rarely ever granted to a Soldier in ELS status. An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and /or performance of duty. e. The applicant also contends, she was harshly treated, bullied and picked on because she needed medical attention. Although the applicant alleges that she harshly treated, bullied and picked on during her military service, there is no evidence in her military records and the applicant has not provided sufficient evidence supporting this contention. Therefore, Board did not find this argument sufficient to support her request for an upgrade of her discharge. f. The applicant contends; she was not afforded the opportunity for rehabilitation. A counseling statement in the applicant's AMHRR shows that he applicant was recycled to D /1-34 Infantry during week three of basic combat training for failure to meet APFT standards in her previous unit. The ADRB found that this was an opportunity for rehabilitation. g. The applicant contends, she was not allowed to take the necessary time off to heal as recommended. Documents within the applicant's AMHRR and DOD medical records show she went to the TMC for pain in her right knee and the medical provider deemed her injury would hinder her from completing basic combat training and recommended separation IAW AR 635-200, Chapter 5-17. Her condition was unlikely to respond to any command efforts at rehabilitation nor any treatment methods currently available in any military treatment facility and the commander agreed with the provider's recommendation. The ADRB decided that this was a proper and equitable separation. h. The applicant contends, her uncharacterized discharge does not fit her circumstances. The ADRB decided that, with 21 total days of service, 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. i. The applicant contends, she wants to proceed with the necessary medical treatments required. Eligibility for veteran's benefits to include medical benefits does not fall within the purview of the ADRB. Accordingly, the applicant should contact the local Veteran's Administration clinic or hospital to determine eligibility. j. Rationale for Decision: (1) The board voted not to change the applicant's characterization of service because she was in ELS status lacking unusual circumstances involving outstanding personal conduct and /or performance of duty. (2) The board voted to not change the reason because a Chapter 5-17, JFV is proper, consistent and accurate to the circumstances of separation. (3) Because the characterization and reason were not changed, the SPD/RE code will not change. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / 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 8. ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20190003843 6