1. Applicant's Name: a. Application Date: 9 May 2019 b. Date Received: 10 May 2019 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change of narrative reason for separation to hardship and a change to the reentry eligibility (RE) code. The applicant seeks relief contending, in effect, that the narrative reason for discharge and RE code are inaccurate. The applicant contends that it is clear from the record that the applicant voluntarily sought separation due to extenuating circumstances regarding the parental kidnapping of a son by an estranged father to Venezuela. The applicant approached the command with this issue, rather than refer the applicant for assistance available to Soldiers for such matters, the command fast tracked any involuntary separation under the manufactured premise that the applicant had entry level performance and conduct issues while failing to provide sufficient evidence to support the same. The command failed to follow their own regulation in out- processing the applicant. Moreover, equity requires the record be corrected to indicated that the separation was voluntary and for a hardship. Therefore, a change in the narrative reason for separation is justified. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Adjustment Disorder with depressed mood. The applicant does not currently have any VA records for review. In summary, there is insufficient evidence to determine if the applicant's BH diagnosis is mitigating for the separation. In a personal appearance hearing conducted at Arlington, VA on 28 October 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry eligibility (RE) code of 3. In view of the error, the Board directed an administrative correction to block 27 to read RE-1, as required by Army Regulations. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Entry Level Performance and Conduct / AR 635-200, Chapter 11 / JGA / RE-3 / Uncharacterized b. Date of Discharge: 11 May 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 April 2004 (2) Basis for Separation: The applicant was informed of the following reason: for failure to adapt to a military environment (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 26 April 2004, the applicant expressed that she did desire to consult with military counsel (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 26 April 2004 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 March 2004 / 3 years, b. Age at Enlistment / Education / GT Score: 24 / GED / 62 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 1 month, 25 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: Statement signed by the applicant on 25 April 2004, whereas she stated that she needed to go home because she was having issues because her one year old son was with his dad and she had not heard from them in three weeks and she need to go back and find out where he was. Counseling statements reference her failure to adjust to military lifestyle. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 23 April 2004, which shows the applicant was diagnosed with an Axis I for an adjustment disorder depressed mood. It was noted that the applicant had the mental capacity to understand and participated in the proceeding and was mentally responsible. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; and brief and exhibits to accompany her application. 6. POST SERVICE ACCOMPLISHMENTS: The applicant contends that she has graduated with her Master's Degree in Emergency & Disaster Management from Georgetown University with a 3.7 GPA; been awarded the 2019 Outstanding Student Award at Georgetown; earned a Bachelor of Arts in History from American Military University with a 3.6 GPA; is a licensed Emergency Medical technician and volunteers with the Arlington (Virginia) Medical Reserve Corps and Arlington (Virginia) Food Assistance Center. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 3-9 contains guidance on entry level separations. It states a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service. Chapter 11 of AR 635-200 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status (ELS). An uncharacterized service description is normally granted to Soldiers separating under this chapter. A general discharge (GD) under honorable conditions discharge is not authorized under ELS conditions and an honorable discharge (HD) is rarely ever granted. An HD may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. 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 "JGA" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 11, and entry level performance and conduct. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JGA" will be assigned an RE Code of 3. National Defense Authorization Act 2017 provided 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) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided 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; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance 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. 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. 8. DISCUSSION OF FACT(S): The applicant requests a change of her narrative reason for separation to hardship and a change to her reentry eligibility (RE) code. The applicant seeks relief contending, in effect, that her narrative reason for discharge and RE code are inaccurate. The evidence of record confirms the applicant's separation processing was accomplished in accordance with the applicable regulation. All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Evidence of record shows the applicant was separated under the provisions of Chapter 11, AR 635-200 with an uncharacterized discharge. The narrative reason specified by Army Regulations for a discharge under this Chapter is "Entry Level Performance and Conduct," and the separation code is "JGA." 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. The appropriate RE code is 3. Soldiers being processed for separation are assigned reentry codes based on their 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 was no basis 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 reentry eligibility (RE) codes if appropriate. The applicant seeks relief contending that it is clear from the record that she voluntarily sought separation due to extenuating circumstances regarding the parental kidnapping of her son by his estranged father to Venezuela. The applicant contends that she approached her command with this issue, rather than refer her for assistance available to Soldiers for such matters, the command fast tracked any involuntary separation her under the manufactured premise that she had entry level performance and conduct issues while failing to provide sufficient evidence to support the same. The applicant's contentions were noted; however, evidence of record shows that although the applicant sought separation due to extenuating circumstance regarding her son, it appears that this led to the applicant being diagnosed with an Axis I for an adjustment disorder depressed mood and a lack of her ability to adapt to the soldierization process. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with her overall service record. The applicant makes reference to she should have been discharge under the provisions of AR 635-200, Chapter 6 (Separation Because of Dependency or Hardship); however, evidence of records shows that Chapter 6 does not apply because hardship exist: when in circumstances not involving death or disability of a member of the Soldier's (or spouse's) immediate family, separation from the Service will materially affect the care or support of the family by alleviating undue and genuine hardship. Evidence shows the applicant was married at the time of discharge and her spouse was not serving in the military. Also, the applicant contends that her command failed to follow their own regulation in out- processing her. Moreover, equity requires the record be corrected to indicated that her separation was voluntary and for a hardship. Therefore, a change in the narrative reason for separation is justified. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this issue. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that her command failed to follow their own regulation in out-processing her. 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. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None b. The applicant presented the following additional contention(s): Applicant and counsel provided oral arguments in support of the contentions they provided in their written submissions and in support of their documentary evidence. c. Witness(es) / Observer(s): 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 28 October 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contains the erroneous reentry eligibility (RE) code of 3. In view of the error, the Board directed an administrative correction to block 27 to read RE-1, as required by Army Regulations. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes 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 / RE-1 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 AR20190006329 5