1. Applicant's Name: a. Application Date: 12 March 2019 b. Date Received: 15 March 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The current characterization of service for the period under review is general, under honorable conditions. The applicant requests an upgrade to honorable and a narrative reason change. The applicant seeks relief contending, in effect, his service was honest, faithful, and meritorious. The applicant states there was never any form of misconduct. In a records review conducted on 14 May 2021, and by a 5-0 vote, the Board determined that the characterization of service was inequitable based on the applicant's length of service and the circumstances surrounding the discharge (IPV, OBHI, PTSD). Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. 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: Parenthood / AR 635-200 / Chapter 5-8 / JDG / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 11 October 2018 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 September 2018 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant failed to provide a valid Family Care Plan. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: Applicant waived rights to seek legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 September 2018 / General, under honorable conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 May 2016 / 3 years, 21 weeks b. Age at Enlistment / Education / GT Score: 22 / Associate's Degree / 83 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92G, Culinary Specialist / 2 years, 4 months, 19 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, 2 letters of support 6. POST SERVICE ACCOMPLISHMENTS: 7. STATUTORY, REGULATORY AND POLICY REFERENCE(S): a. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-8 provides that a Soldier may be separated when parental obligations interfere with fulfillment of military responsibilities. Specific reasons for separation because of parenthood include inability to perform prescribed duties satisfactorily, repeated absenteeism, late for work, inability to participate in field training exercises or perform special duties such as CQ and Staff Duty NCO, and non-availability for worldwide assignment or deployment according to the needs of the Army b. Unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the government will be awarded a character of service of honorable, general (under honorable conditions) or an uncharacterized description of service if in entry-level status 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 record of service, the issues and documents submitted with the application were carefully reviewed. The applicant's involuntary separation is based on the command's determination that the the applicant's parental obligations interfered with the fulfillment of military responsibilities and the applicant was properly informed as to the specific factors in the service record that would warrant such a characterization. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant would have been protected throughout the separation process The applicant contends the service was honest, faithful, and meritorious. The applicant states there was never any form of misconduct. The applicant's service accomplishments and the quality of the service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The third party statement provided with the application spoke highly of the applicant's performance. The authors recognized the applicant's good performance while in the Army and after leaving the Army. The person providing the character reference statement was not in a position to fully understand or appreciate the expectations of the applicant's chain of command. 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 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) Applicant experienced Intimate Partner Violence (IPV), a potentially mitigating occurrence, while on active duty. The agency BH advisor validated the applicant's experience of Intimate Partner Violence (IPV) while on active duty led to her decision to not submit a Family Care Plan, knowing that such an action would result in her discharge from the Army. As there is an association between IPV and avoidant behaviors, there is a nexus between her experience of IPV and her decision to not submit a Family Care Plan. The board members concurred with the BH advisor. (2) Did the condition exist or experience occur during military service? (YES) Applicant's experience of IPV occurred while on active duty. (3) Does the condition or experience actually excuse or mitigate the discharge? (YES) Applicant's history of IPV is directly linked to her decision to leave the Army via a failed family care plan. (4) Does the condition or experience outweigh the discharge? (YES) Applicant's history of IPV outweighs her discharge characterization. b. The ADRB determined that the characterization of service was inequitable based on the applicant's circumstances surrounding the discharge (IPV, OBHI, PTSD) mitigating the basis of separation - failed FCP. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to honorable. c. The ADRB reviewed the applicant's contentions about his service and the persons who spoke on the applicant's behalf. The ADRB found that the assertions of his service as honest, faithful, and meritorious need not be reached because the applicant's BH condition mitigated the misconduct which led to discharge. d. Rationale for Decision: (1) The board voted to change the applicant's characterization of service because the applicant had a diagnosed BH condition mitigating any unsatisfactory performance leading to the discharge. (2) The board voted to not change the reason as Parenthood, JDG, is the factual reason for discharge and not in dispute. (3) Because the reason was not changed, the SPD/RE codes will not change. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable 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 AR20190003969 1