1. Applicant's Name: a. Application Date: 24 August 2019 b. Date Received: 27 August 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 conditions. The applicant seeks relief contending, in effect, their uncharacterized discharge be changed to Honorable Discharge on the applicant's DD 214. During the applicant's enlisted tenure, she was not a problem soldier. The applicant attended Drills as assigned and also the yearly two-week training exercises. The applicant displayed loyalty to duty, self-respect and integrity. The applicant states they were always known as one of the soldiers that shared the attitude and spirit of the Army profession. In no way did the applicant warrant an uncharacterized separation. The applicant says she enjoyed her time in the military and if the opportunity presented itself, she would enlist again. The applicant enjoyed serving her country. As a single parent with two young children, having an honorable discharge would increase her chances of having a promising employment future. Your careful consideration with this matter is greatly appreciated. The applicant states she was separated from the Uniformed Services due to completion of her enlisted contract. Separation orders states as such with an Honorable Discharge but the applicant's DD 214 states the discharge is "Uncharacterized" with a separation code of MBK. IAW AR 635-200, Chapter 4. That provision allows for a service member to be separated upon expiration of their enlistment or fulfillment of service obligation. The MBK code is used when there is a voluntary release or transfer to another service component. Also, AR 635-200, Chapter 4-5 states that a soldier separating upon expiration or 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. The applicant states they were not in an entry level status and completed five plus years of service. The applicant is requesting a records review and a character of service discharge as Honorable. In a records review conducted on 1 April 2022, and by a 5 - 0 vote, the Board determined the discharge is inequitable based on the applicant's completion of the active service obligation. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to Honorable. However, notwithstanding the propriety of the applicant's discharge, the Board found that the applicant's DD Form 214, block 27 contain an erroneous entry. The Board directed the following administrative corrections and reissue of the applicant's DD Form 214, as approved by the separation authority: block 27, reentry code changed 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: 28 October 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: NA (2) Basis for Separation: Completion of Required Active Service (3) Recommended Characterization: NA (4) Legal Consultation Date: NA (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NA / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: IADT, 3 May 2004 / 23 weeks (The date entered active duty appears to be incorrect on the applicants DD Form 214). b. Age at Enlistment / Education / GT Score: 18 / NIF / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / 92A10, Automated Logistical Specialist / 5 months, 3 days d. Prior Service / Characterizations: ARNG, 13 May 2003 - 12 November 2009 / HD e. Overseas Service / Combat Service: NA f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant's DD Form 214, indicates the applicant was transferred to the USAR Control Group and had a Reserve Obligation Termination Date of 12 May 2011. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 293; ARNG Discharge Orders; DD Form 214. 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), 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 sets forth 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 3-9a(3) states a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status, except when a Soldier is on active duty with less than 181 days of continuous active military service, has completed IET, has been awarded an MOS, and has reported for duty at a follow-on unit of assignment (see para 11-3c). RC Soldiers will receive a characterization of service as "honorable" upon successful completion of IET. (4) 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. (5) 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. 8. SUMMARY 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 conditions. The applicant's AMHRR record of service, the issues and documents submitted with the application were carefully reviewed. The evidence of the record reflects the applicant was ordered to IADT on 3 May 2004, for a period of approximately 23 weeks or completion of Basic and MOS training. At the time of the applicant's discharge, the applicant had served 5 months and 3 days on Active Duty. The applicant's AMHRR includes no acts of misconduct or derogatory information. Upon separation the applicant was transferred to the Company L, 151 Ave Battalion, Columbia, SC to serve her remaining service obligation until 12 May 2011, after completion of her IADT. Based on the evidence of the record, the applicant was separated IAW AR 635-200 Chapter 4, and was assigned a Narrative Reason for Separation of "Completion of Required Active Service" with an SPD Code of "MBK" and an RE Code of "NA." The applicant desires to rejoin the Military Service. Soldiers processed for separation are assigned reentry codes based on their service records or the reason for discharge. The applicant's DD Form 214 for the period of service under review does not reflect an RE Code but "NA." However, the discharge Order from the Army National Guard dated 16 November 2009, assigning her to the US Army Control Group (Annual Training) shows an RE Code of "3." The applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the Army's needs at the time and are required to process waivers of reentry eligibility (RE) codes if appropriate. The applicant contends good service. The applicants service accomplishments and the quality of service will be considered by the board according to the DODI 1332.28. The applicant contends in no way did she warrant an uncharacterized characterization of service. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends an upgrade of the discharge will allow the applicant to obtain better employment. The Board does not grant relief to gain employment or enhance employment opportunities. 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 Contentions: (1) The applicant contends good service. The Board recognizes and appreciates the applicant's willingness to serve and considered this contention during board proceedings. (2) The applicant contends in no way did she warrant an uncharacterized characterization of service. The Board determined that this contention was valid and voted to upgrade the characterization of service due to the applicant completing the required active service obligation. (3) The applicant contends an upgrade of the discharge will allow the applicant to obtain better employment. The Board does not grant relief to gain employment or enhance employment opportunities. c. The Board determined the discharge is inequitable based on the applicant's completion of the active service obligation. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to Honorable. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant completed the required active service obligation. Thus the prior characterization is no longer appropriate. (2) The Board voted not to change the applicant's reason for discharge or accompanying SPD and the reason the applicant was discharged was both proper and equitable. (3) The Board voted to change the applicant's RE code because it was found that there was an administrative error on the applicant's DD Form 214, thus making the current code improper. The corrected RE code will read RE-1. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Separation Order: Yes b. Change Characterization to: Honorable 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 AR20190012559 1