1. Applicant's Name: a. Application Date: 15 October 2019 b. Date Received: 21 October 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her uncharacterized discharge to general (under honorable conditions) and a narrative reason change. The applicant seeks relief contending, in effect, during basic training, the trainees were than directed to head up to the second floor and while she was attempting to run up the stairs with her duffel bag over her back, she was pushed from behind and fell knees first into the concrete steps. The applicant does not know whether this action was inadvertent or purposeful, nor does she know which Drill Sergeant pushed her. The applicant states, she did feel safe reporting the incident and though she felt something off with her knee, she did her best to shake it off and move on with her training regimen. About a week into her training, she was not meeting the physical fitness requirements due to the pain, which led to her journey of going to sick call. Initially, she was diagnosed with Tendonitis and prescribed Motrin and ice. The pain persisted and began to affecting both knee. The pain began to radiate from her knees down and returned to sick call for a third time. From the notation in the comments regarding her desire to "stay in the Army", she believes her symptoms were being interpreted as psychosomatic. Instead of providing an appropriate treatment to avoid further injury, she was prescribed Naproxen and Bengay, in addition to the Motrin and ice. The applicant was referred to the Physical Therapy clinic where the goals were to diagnose the problem and decrease pain. The assessment was bilateral lower extremity overuse and stress reaction and noted edema and signs of pain. However, instead of intervening, calf stretches and education were provided. All of the treatments provided only a temporary relief and it was becoming a point of contention with the Drill Sergeants. The applicant went to sick call once more, and was returned to duty. During her follow-up with Physical Therapy, bilateral knee and feet pain were noted with no change, no symptomatic improvement. The applicant's x-rays appeared to confirm Medial Tibia Plateau stress fractures were present. The applicant was provided crutches and remained in the barracks, essentially unauthorized to participate in training. The applicant believes she should have been offered P.T.R.P., or some other realm of rest and recuperation. As the graduation date was approaching, the applicant had barely been able to participate due to someone's carelessness and made her believe she was being left behind. The applicant was seen by CMHS as a "self-referral" where an evaluation noted she was alert, fully oriented, behaving normally and thinking clearly. However, it was determined she was suffering from Adjustment Disorder with Depressed Mood; and a History of Alcohol Abuse. Despite the remarks noting symptoms of P.T.S.D. and Anxiety (Irritability, Trouble Not Sleeping, Decreased Concentration) as well as the onset of such being symbiotic to her difficulty in training due to knee pain, it was recommended be considered for separation under Chapter 11, AR 635-200. Based upon the inconsistencies, she believes her discharge process was improper. The applicant's capabilities to serve were hindered, which created an environment of prejudice from the authority figures tasked with her training. She believes her physiologic condition led to a pattern of discriminatory treatment, which triggered the onset of mental health symptoms, which were classified as an "Adjustment Disorder", prompting a Chapter 11 recommendation and an uncharacterized discharge for Entry Level Performance and Conduct. In 2005, the applicant was diagnosed with Chronic Right Knee Pain that has since become arthritic. She requests the Board upgrade her discharge a disability narrative reason. The applicant asserts her "Uncharacterized" discharge under Chapter 11 is also inequitable, based upon the current applicable policies and supplemental procedures under the Kurta Memo. Though her PTSD is a non-combat pre-service condition, she believes it was aggravated in service when she was pushed and injured and then overlooked by CMHS. The applicant further details her contentions in an allied self-authored statement provided with the application. 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. The applicant is not service-connected from the VA. In summary, the applicant does not have a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 2 October 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (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: 25 October 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 October 2004 (2) Basis for Separation: The applicant was informed of the following reasons: Adjustment Disorder with Depressed Mood. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 5 October 2004, the applicant waived her rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 12 October 2004 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 August 2004 / 3 years b. Age at Enlistment / Education / GT Score: 22 / None / 105 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 2 months d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 5 October 2004, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with: Adjustment Disorder with Depressed Mood; Alcohol Abuse by history. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; self-authored statement; case separation packet; Army medical treatment records; Certificate of Imposition of Judgment of Sentence; list of accomplishments. 6. POST SERVICE ACCOMPLISHMENTS: The applicant provide a list of her post-service achievements, which reflects she has completed numerous education and vocational training courses and volunteers. 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, entry level performance and conduct. 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 an upgrade of her uncharacterized discharge to general (under honorable conditions) and a narrative reason change. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. 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. A general discharge (GD) under honorable conditions 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. Further, 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. The applicant contends the narrative reason for the discharge should be changed to reflect a disability. However, 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 paragraph 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 regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. Further, separations for disability do not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The applicant's service record contains documentation that supports a diagnosis of in service Adjustment Disorder with Depressed Mood; and, Alcohol Abuse by history. However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 5 October 2004, the applicant underwent a mental status evaluation, which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong. It appears, the applicant's chain of command determined that he knew the difference between what was right and wrong as indicated by the mental status evaluation. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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 DETERMINATION: In a records review conducted at Arlington, VA on 2 October 2020, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New 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 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20190013697 6