1. Applicant’s Name: a. Application Date: 8 November 2019 b. Date Received: 14 November 2019 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: a. Applicant’s Requests and Issues: The current characterization of service for the period under review is uncharacterized. The applicant requests an upgrade to honorable. The applicant seeks relief contending, in effect, that an upgrade of the discharge is for the purpose of being able to attend college to improve the applicant life. The applicant contends that the investigation of the accident that caused the discharge was handled improperly. The investigation procedure established was not followed. The applicant indicates of having proof of an honorable discharge and that the applicant was in service well over the time frame for an uncharacterized discharge. The uncharacterized discharge on the NGB Form 22 has caused countless problems for the applicant over the last decade and has prevented the applicant from just as many opportunities. b. Board Type and Decision: In a records review conducted on 7 September 2022, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 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: Medically unfit for retention per AR 40- 501 / Chapter 8, paragraph 8-26j, NGR 600-200 / NA / RE-3 / Uncharacterized b. Date of Discharge: 15 June 2006 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: 26 August 2002 / 8 years b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / None / 3 years, 9 months, 20 days d. Prior Service / Characterizations: RA / 3 June 2003 – 31 March 2008 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Medical documents in the applicant’s AMHRR indicate the applicant on 20 December 2003, was in a motorcycle accident that left the applicant paralyzed. The applicant’s T-11 vertebrate was shattered. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; active-duty report; Army National Guard Retirement Points History Statement; DA Forms 4187; letter from the Department of Veterans Affairs; and NGB Form 22 for the period of service under review. 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), 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 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. National Guard Regulation (NGR) 600-200, establishes standards, policies, and procedures for the management of the Army National Guard (ARNG) and the Army National Guard of the United States (ARNGUS) enlisted Soldiers in the functional areas of: Classification and Reclassification; Personnel Management; Assignment and Transfer, including interstate transfer; Special Duty Assignment Pay; Enlisted Separations; and Command Sergeant Major Program. (1) Chapter 6 (previously chapter 8) sets the policies, standards, and procedures for the separation of enlisted Soldiers from the ARNG/ARNGUS. (2) Paragraph 6-8a, prescribes an honorable characterization 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 6-10, Service will be described as uncharacterized if separation processing is initiated while a Soldier is in an entry level status. (4) Paragraph 6-34 prescribes Reentry Eligibility codes are determined at separation. They provide information concerning the Soldier’s service in the ARNG, which will be considered upon future enlistment. If a Soldier will receive a discharge under other than honorable conditions, and the reason for discharge is non-waivable for enlistment, the RE code will be RE 4. If the reason for separation is waivable, the RE code will be RE 3. If a Soldier receives a bad conduct or dishonorable discharge, the RE code is RE 4. Table 6-1 defines the differences between RE codes: RE-3 Applies to a person who is: Not fully qualified for reentry or continuous service at time of separation, but this disqualification is waivable. (5) Chapter 6-35 (previously chapter 8-35) prescribes for the separation/discharge from State ARNG and/or Reserve of the Army and the reasons, applicability, and codes for administrative separation or discharge from the Reserve of the Army, the State ARNG only, or both. These reasons may be used for separation from the State ARNG only. (6) Chapter 6-35c(5)(a) Refers to AR 135-178, chapter 6, for the convenience of the Government separation based on not medically qualified under procurement medical fitness standards including failure to meet medical procurements standards of AR 40-501, chapter 2, prior to entry on IET including pregnancy, positive urinalysis (DAT POS) and Human Immunodeficiency Virus (HIV) in entrance physicals: RE3 (RE4 for HIV). LC:MG (7) Paragraph 6-35l (previously 8-35l) Refers to AR 135-178, Chapter 14 and for the following reason for separation:(8) Medically unfit for retention per AR 40-501, chapter 3. Commanders, who suspect that a Soldier may not be medically qualified for retention, will direct the Soldier to report for a complete medical examination per AR 40-501. If the Soldier refuses to report as directed, see paragraph 6-36t below. Commanders who do not recommend retention will request the Soldier’s discharge. When medical condition was incurred in line of duty, the procedures of AR 600-8-4 will apply. Discharge will not be ordered while the case is pending final disposition. This paragraph also includes those Soldiers who refuse or are ineligible to reclassify into a new MOS or ineligible for a non-regular retirement. RE 3. LC: MG, if Soldier is not eligible for non-regular retirement. LC: XM if eligible for 15, but fewer than 20 non-regular retirement or LC: CC if eligible for 20 years non-regular retirement. (8) Glossary defines Entry-level status: Upon enlistment, a Soldier qualifies for entry-level status during: (1) The first 180 days of continuous active military service; or (2) The first 180 days of continuous active service after a service break of more than 92 days of active service. A member of a Reserve component who is not on active duty or who is serving under a call or order to active duty for 180 days or less begins entry-level status upon enlistment in a Reserve component. Entry-level status for such a member of a Reserve component terminates as follows: (1) 180 days after beginning training if the Soldier is ordered to ADT for 1 continuous period of 180 days or more: or (2) 90 days after the beginning of the second period of ADT if the Soldier is ordered to ADT under a program that splits the training into 2 or more separate periods of active duty. For the purposes of characterization of service, the Soldier’s status is determined by the date of notification as to the initiation of separation proceedings. 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. The applicant’s available AMHRR of service, the issues and documents submitted with the application were carefully reviewed. The applicant’s AMHRR is void of the specific facts and circumstances concerning the events of the discharge from the Army National Guard of Arkansas and the Reserves of the Army. The applicant’s record contains a properly constituted NGB Form 22 (Departments of the Army and the Air Force National Guard Bureau Report of Separation and Record of Service); however, it was not authenticated by the applicant’s digital signature. The NGB Form 22 indicates the applicant was discharged under the provisions of NGR 600- 200, then Chapter 8, paragraph 8-26j(1) (currently, Chapter 6, paragraph 6-35l(8)), by reason of being medically unfit for retention per AR 40-501, with a characterization of service of uncharacterized. The applicant seeks relief contending that the investigation of the accident that cause the discharge was handled improperly. The investigation procedure established was not followed. The applicant’s contention was noted; however, a further determination cannot be made because the facts and circumstances leading to the discharge are unknown. The burden of proof remains with the applicant to provide the appropriate documents such as the discharge packet or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration. If the applicant desires a personal appearance hearing, it is the applicant’s responsibility to meet the burden of proof since the discharge packet is not available in the official record. The applicant contends having proof of an honorable discharge and was in service well over the time frame for an uncharacterized discharge. The uncharacterized discharge on his NGB Form 22 has caused countless problems for the applicant over the last decade and has prevented the applicant from just as many opportunities. The document submitted by the applicant from the Department of Veterans Affairs indicating a character of service of Honorable and the NGB Form 22 which was issued by his unit indicating a character of service of uncharacterized were noted. However, it should also be noted evidence in the record indicates the applicant on 20 December 2003, was in a motorcycle accident that left the applicant paralyzed. The applicant’s T-11 vertebrate was shattered. As a result, it appears the applicant was unable to attend IET (phase I and phase II) within 24 months as required in AR 600-200. The applicant requests relief contending that the applicant would like an upgrade of the discharge for the purpose of being able to attend college to improve life. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 contends having proof of an honorable discharge and was in service well over the time frame for an uncharacterized discharge, and the uncharacterized discharge has caused countless problems and missed opportunities. The Board determined that UNC is the proper characterization of service as the applicant did not complete AIT or hold a MOS. 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. 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 means the Soldier has not been in the Army long enough for a character of service to be rated as honorable or otherwise. (2) The applicant requests relief contending that the applicant would like an upgrade of the discharge for the purpose of being able to attend college to improve life. The Board determined that eligibility for Veteran's benefits, to include educational benefits under the Post- 9/11 or Montgomery GI Bill, healthcare or VA loans, do not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. The Board also does not grant relief to gain employment or enhance employment opportunities. c. The Board determined that the discharge is, at this time, proper and equitable, considering the current evidence of record. However, the applicant may request a personal appearance hearing to address the issues before the Board. The applicant is responsible for satisfying the burden of proof and providing documents or other evidence sufficient to support the applicant’s contention(s) that the discharge was improper or inequitable. ? d. Rationale for Decision: (1) The Board voted not to change the applicant’s characterization of service because there were no mitigating factors for the Board to consider. Since the applicant was discharged for being medically unfit for service after causing a motor vehicle accident, to include DUI, was determined to not be in the line of duty, Uncharacterized is proper and equitable. For the same reason, the applicant’s claims for MEB and VA service-connections have been denied several times since the BH diagnoses/experiences resulted from the accident and were not causal. The applicant did not complete AIT or hold a MOS. 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. (2) The Board voted not to change the applicant’s reason for discharge or accompanying SPD code under the same pretexts, as the reason the applicant was discharged was both proper and equitable. (3) The RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation. 10. BOARD ACTION DIRECTED: a. Issue a New NGB Form 22a: No b. Change Characterization to: No Change c. Change Reason / SPD Code to: No Change d. Change RE Code to: No Change 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 AR20200001256 1