1. Applicant’s Name: a. Application Date: 24 May 2020 b. Date Received: 2 June 2020 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 honorable. The applicant requests a narrative reason and reentry (RE) code change. The applicant seeks relief contending, in effect, the active-duty service was mischaracterized. The applicant is interested in returning to military service and assisting in the nation’s COVID-19 response efforts. Multiple Army National Guard (ARNG) and United States Army Reserve (USAR) employment opportunities have been presented, but the positions require immediate membership for employment and/or consideration. b. Board Type and Decision: In a records review conducted on 19 May 2023, 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: Non-Retention on Active Duty / AR 635-200, Chapter 19 / JGH / RE-4 / Honorable b. Date of Discharge: 1 November 2015 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: NA (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 October 2009 / Indefinite b. Age at Enlistment / Education / GT Score: 31 / HS Graduate / 113 c. Highest Grade Achieved / MOS / Total Service: E-7 / 74D40, Chemical Operations Specialist / 17 years, 9 months, 25 days d. Prior Service / Characterizations: RA, 7 January - 18 October 2009 / HD e. Overseas Service / Combat Service: SWA / Iraq (2 October 2006 – 1 December 2007), (16 December 2008 – 16 December 2008); Kuwait (12 March 2011 – 5 March 2012); Jordan (30 October 2012 – 17 February 2013) f. Awards and Decorations: ICM-CS-3, BSM, MSM-2, ARCOM-5, AAM-2, MUC-3, ARGCM-5, NDSM, GWOTSM, NCOPDR-3, ASR, OSR-4, OVSM, CAB, Air Assault Badge, Basic Marksmanship Badge, Driver and Mechanic Badge-Mechanic-Driver-Wheeled Vehicle Clasp(s), USA Recruiter Badge g. Performance Ratings: 17 December 2008 – 16 December 2009 / Among The Best 17 December 2009 – 6 April 2010 / Among The Best 7 April 2010 – 9 February 2011 / Among The Best 10 February 2011 – 9 February 2012 / Among The Best 10 February 2012 – 9 February 2013 / Among The Best 10 February 2013 – 20 June 2013 / Among The Best 21 June 2013 – 20 June 2014 / Among The Best 21 June 2014 – 20 June 2015 / Among The Best h. Disciplinary Action(s) / Evidentiary Record: GOMOR, dated 28 November 2005, reflects the applicant used a “ringer” to take the ASVAB examination for an applicant on or about 4 April 2005. This was in violation of USAREC Regulation 061-45, paragraph 2-3j(2). GOMOR, dated 10 November 2010, reflects the applicant was reprimanded for reckless driving and driving while intoxicated. On 5 September 2010, a patrolman stopped the applicant after the applicant drove a vehicle onto a sidewalk. The applicant failed various field sobriety tests and a breath test administered to the applicant. The applicant’s breath sample indicated the applicant had a 0.01 percent blood alcohol content. An Advisory Opinion, from U.S. Army Human Resources Command, dated 8 April 2021, recommended denial of the applicant’s request to change the RE code on the DD Form 214 for the period of 7 January 1998 thru 1 November 2015. The applicant was not separated under a Reduction in Force (RIF) initiative, but as part of the Qualitative Management Program (QMP). On 10 February 2015, a QMP board identified the applicant for involuntary separation 1 November 2015. QMP is considered a quality force tool, not a shaping initiative, and is based on a negative factor in a Soldier’s AMHRR. In accordance with AR 635-200, Chapter 19-2, NCOs whose performance, conduct, and/or potential for advancement do not meet Army standards, as determined by the approved recommendations of HQDA centralized selection boards responsible for QMP screening will be denied continued service. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: None (2) AMHRR Listed: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, DD Form 214 6. POST SERVICE ACCOMPLISHMENTS: None 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. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. (1) Paragraph 16-11 (current version) incorporates chapter 19 as described below. (2) Chapter 19, in effect at the time, contained policies and procedures for voluntary and involuntary separation, for the convenience of the Government, of RA NCOs and USAR NCOs serving in AGR status, under the QMP. NCOs whose performance, conduct, and/or potential for advancement do not meet Army standards, as determined by the approved recommendations of HQDA centralized selection boards responsible for QMP screening, will be denied continued service. Chapter 19 has been incorporated into the current version of Chapter 16-11, AR 635-200. (3) Paragraph 19-1b (in effect at the time) stated the service of a Soldier separated under this paragraph will be characterized as honorable. 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 “JGH” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 19, paragraph 199-13, non-retention on active duty. f. 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. RE-3 Applies to: Person who is not considered fully qualified for reentry or continuous service at time of separation, but disqualification is waiverable. Eligibility: Ineligible unless a waiver is granted. RE-4 Applies to: Person separated from last period of service with a nonwaiverable disqualification. This includes anyone with a DA imposed bar to reenlistment in effect at time of separation or separated for any reason (except length of service retirement) with 18 or more years active Federal service. Eligibility: Ineligible for enlistment. 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 narrative reason and RE code change. The applicant’s Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. The applicant’s service AMHRR is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. 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, paragraph 19, by reason of Non-Retention on Active Duty, with a characterization of service of Honorable. The applicant requests the narrative reason for the discharge be changed. The applicant was separated under the provisions of Chapter 19, with an honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is “Non-Retention on Active-Duty,” and the separation code is “JGH.” Army Regulation 635-8, Separation Processing and Documents, governs the preparation of the DD Form 214, and dictates the entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be listed in tables 2-2 or 2-2 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation stipulates no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant requests the RE code be changed. The applicant was separated under the provisions AR 635-200, chapter 19, due to non-retention on active-duty, with an honorable discharge and a RE code of ”4.” Army Regulation 601-210 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. Chapter 4 provides the criteria and procedures for waiverable and nonwaiverable separations. Table 3-1 defines reentry eligibility (RE) codes. RE-4 Applies to: Person separated from last period of service with a nonwaiverable disqualification. This includes anyone with a DA imposed bar to reenlistment in effect at time of separation or separated for any reason (except length of service retirement) with 18 or more years active Federal service. Eligibility: Ineligible for enlistment. The applicant contends the active-duty service was mischaracterized. 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 applicant is interested in returning to military service and assisting in the nation’s COVID-19 response efforts. Soldiers processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 601-210, the applicant was appropriately assigned an RE code of “4.” An RE code of “4” cannot be waived, and the applicant is no longer eligible for reenlistment. The applicant states multiple ARNG and USAR employment opportunities have been presented, but the positions require immediate membership for employment and/or consideration. The Board does not grant relief to gain employment or enhance employment opportunities. If the applicant desires a personal appearance hearing, it is the applicant responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record. 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? Yes. The Board's Medical Advisor, a voting member, reviewed the applicant's DOD and VA health records, applicant's statement, and/or civilian provider documentation and found that the applicant has the following potentially-mitigating diagnoses/experiences: Post Traumatic Stress Disorder, Major Depressive Disorder. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found applicant's PTSD diagnosis was made in the Army; VA service connection of 50% establishes that his diagnosis of MDD occurred during military service. (3) Does the condition or experience actually excuse or mitigate the discharge? No. The Board Medical Advisor applied liberal consideration and opined that applicant already holds an honorable characterization and is not requesting discharge upgrade due to misconduct. (4) Does the condition or experience outweigh the discharge? N/A b. Response to Contention(s): The applicant contends the active-duty service was mischaracterized. The Board considered this contention, but found insufficient evidence in the applicant’s AMHRR or applicant-provided evidence to support that the non-retention separation mischaracterized applicant’s service. The discharge was proper and equitable. c. The Board determined that the discharge is, at this time, proper and equitable, in light of 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 the applicant already holds an Honorable characterization. (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 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 DD-214 / Separation Order: 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 AR20200008198 1