1. Applicant's Name: a. Application Date: 5 April 2019 b. Date Received: 8 May 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 a change of his characterization of service to honorable. The applicant seeks relief contending, in effect, that the period of service under review was his initial training for the Georgia National Guard. He completed his term of service with the Georgia National Guard Honorably and he has provided a time line with his DD Form's 214 and his NGB Form 22 to show his honorable term of service. He believes this is just an administrative issue since he was under an initial training period for the Army National Guard. In a records review conducted on 20 October 2021, and by a 5-0 vote the Board determined the discharge is inequitable based on the length of service, post-service accomplishments, and having completed his service to move on to the National Guard. Because the applicant was being separated upon expiration of enlistment or fulfillment of service obligation he should have been awarded a character of service of honorable. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and a change to the reentry eligibility (RE) code to 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 / NA / Uncharacterized b. Date of Discharge: 17 September 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: The applicant was informed of the following reasons: NIF (3) Recommended Characterization: NIF (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: ADT, 3 May 2004 / 12 weeks or completion of basic and MOS training b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-3 / 42A10, Human Resources Specialist / 5 months, 22 days d. Prior Service / Characterizations: ARNG, 26 March 2004 to 2 May 2004 / NA (Concurrent Service) e. Overseas Service / Combat Service: None f. Awards and Decorations: ASR g. Performance Ratings: None 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 149 in lieu of DD Form 293; DD Form 214 for the period of service under review and for other periods thereafter; Report of Separation and Record of Service (26 March 2004 to 25 March 2010); and Army National Guard Current Annual Statement, dated 15 April 2009. 6. POST SERVICE ACCOMPLISHMENTS: Report of Separation and Records of Service, indicates the applicant served in the Army National Guard of Georgia (26 March 2004 to 25 March 2010) and was discharged with a characterization of service of honorable. It should also be noted the applicant was transferred to the USAR Control Group (Reinforcement) to complete his service obligation. 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 Service-member discharged from active military service within 15 years of the Service-member'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 3-7b states a General discharge is a separation from the Army under honorable conditions and is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. (4) Paragraph 3-7c states Under other-than-honorable-conditions discharge is an administrative separation from the Service under conditions other than honorable and it may be issued for misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial based on certain circumstances or patterns of behavior or acts or omissions that constitute a significant departure from the conduct expected of Soldiers in the Army. (5) 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. (6) 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. (7) Chapter 5 provides for the basic separation of enlisted personnel for the convenience of the government. Paragraph 5-3 provides explicitly for separation under the prerogative of the Secretary of the Army. Secretarial plenary separation authority is exercised sparingly and seldom delegated. Ordinarily, it is used when no other provision of this regulation applies, and early separation is clearly in the Army's best interest. Separations under this paragraph are effective only if approved in writing by the Secretary of the Army or the Secretary's approved designee as announced in updated memorandums. Secretarial separation authority is normally exercised on a case-by-case basis. (8) 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 601-210, Regular Army and Reserve Components Enlistment Program, governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the U.S. Army Reserve, and Army National Guard for enlistment per DODI 1304.26. It also prescribes the appointment, reassignment, management, and mobilization of Reserve Officers' Training Corps cadets under the Simultaneous Membership Program. Chapter 4 provides the criteria and procedures for waiverable and nonwaiverable separations. Table 3-1, defines reentry eligibility (RE) codes: RE-1 Applies to: Person completing his or her term of active service who is considered qualified to reenter the U.S. Army. Eligibility: Qualified for enlistment if all other criteria are met. 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 "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. 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 "1." 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 a change of his characterization of service to honorable. The applicant's available record of service, the issues and documents submitted with the application were carefully reviewed. The applicant seeks relief contending that the period of service under review was his initial training for the Georgia National Guard. He completed his term of service with the Georgia National Guard Honorably and he has provided a time line with his DD Form's 214 and his NGB Form 22 to show his honorable term of service. He believes this is just an administrative issue since he was under an initial training period for the Army National Guard. The applicant's AMHRR record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant's signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 4, by reason of Completion of Required Active Service, with a characterization of service of Uncharacterized. Barring evidence to the contrary, it appears that all requirements of law and regulation were met and the rights of the applicant have been protected throughout the separation process. However, it should be noted; the service record confirms the applicant had completed the period for which he was ordered to Active Duty. The evidence of the record reflects that the applicant entered Active Duty on 3 May 2004, for completion of IADT. At the time of the applicant's discharge, the applicant had served 4 months and 15 days on Active Duty. The applicant's available official service record reflects no acts of misconduct or derogatory information. Upon the applicant's separation from Active Duty, he was transferred to AG State of GA, 1500 Hood Avenue, building 720, Fort Gillem, GA 30297 to serve his remaining service obligation until 25 March 2012. The evidence of records shows that the applicant had less than 181 days of continuous active military service, however, he completed his Initial Entry Training, was awarded an MOS of 42A10, and was scheduled to report for duty at a follow-on-unit of assignment. Therefore, it appears because the applicant was being separated upon expiration of enlistment or fulfillment of service obligation he should have been awarded a character of service of honorable, because he was no longer considered as being in an entry-level status. Also it should be noted; based on the service record, it appears that someone in the discharge process erroneously entered on the applicant's DD Form 214, block 27, reentry code as NA. The service record confirms the applicant had completed the period for which he was ordered to Active Duty and then assigned to his Army National Guard unit. Soldiers processed for separation under this provision will be assigned a Narrative Reason for Separation of Completion of Required Active Service. Further, the Soldier will be assigned an SPD Code of MBK and an RE Code of 1. 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. The applicant was not discharged for misconduct, so there is no misconduct to which the ADRB can apply liberal consideration to excuse or mitigate. (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. Response to Contention(s): (1) The applicant requests a change of his characterization of service to honorable. The applicant's available record of service, the issues and documents submitted with the application were carefully reviewed. the service record confirms the applicant had completed the period for which he was ordered to Active Duty. The evidence of the record reflects that the applicant entered Active Duty on 3 May 2004, for completion of IADT. At the time of the applicant's discharge, the applicant had served 4 months and 15 days on Active Duty. The applicant's available official service record reflects no acts of misconduct or derogatory information. The Board determined this contention was valid, and granted the requested relief. (2) The applicant seeks relief contending that the period of service under review was his initial training for the Georgia National Guard. He completed his term of service with the Georgia National Guard Honorably and he has provided a time line with his DD Form's 214 and his NGB Form 22 to show his honorable term of service. The Board determined that this contention was valid, and granted the requested relief. (3) The applicant contends this is just an administrative issue since he was under an initial training period for the Army National Guard. The evidence of records shows that the applicant had less than 181 days of continuous active military service, however, he completed his Initial Entry Training, was awarded an MOS of 42A10, and was scheduled to report for duty at a follow-on-unit of assignment. Therefore, it appears because the applicant was being separated upon expiration of enlistment or fulfillment of service obligation he should have been awarded a character of service of honorable, because he was no longer considered as being in an entry-level status. c. The Board granted the request upon finding the separation was improper. The ADRB determined that the applicant's characterization of service was inequitable because the applicant was being separated upon expiration of enlistment or fulfillment of service obligation, and he should have been awarded a character of service of honorable. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable based on the applicant's circumstances surrounding the discharge - completion of IADT, awarding of MOS, and improper discharge characterization. Because the applicant was being separated upon expiration of enlistment or fulfillment of service obligation he should have been awarded a character of service of honorable. (2) The Board voted not to change the applicant's reason for discharge or accompanying SPD code, as the reason the applicant was discharged was both proper and equitable. (3) The Board voted to upgrade the RE-code to RE-1. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason / SPD Code to: No Change / 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 AR20190007075 1