1. Applicant’s Name: a. Application Date: 1July 2020 b. Date Received: 1 July 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 RE code change. The applicant seeks relief contending, in effect, the RE code is preventing the applicant from reentering military service. b. Board Type and Decision: In a records review conducted on 21 June 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: Completion of Required Active Service / AR 635-200 / Chapter 4 / MBK / NA / Honorable b. Date of Discharge: 19 June 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: NA (2) Basis for Separation: Orders 145-0012, dated 25 May 2011, reflect the applicant was released from active duty not by reason of physical disability an assigned to the applicant’s USAR unit with an effective date of 19 June 2011. (3) Recommended Characterization: NA (4) Legal Consultation Date: NA (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NA 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 April 2000 / 8 years (USAR) (reenlistment contract not in file) b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 42A10, Human Resources Specialist / 13 years, 9 months, 12 days (taken from USAR enlistment through separation date from USAR) d. Prior Service / Characterizations: RA, 11 July 2001 – 12 October 2001 / UNC (IADT) (Concurrent Service) RA, 15 March 2003 – 29 February 2004 / HD (Concurrent Service) (Deployment) USAR, 11 April 2000 – 23 January 2014 / GD RA, 28 May 2010 - 19 June 2011 / HD (Concurrent Service) (Deployment) e. Overseas Service / Combat Service: SWA / Kuwait (13 July 2010- 22 May 2011) f. Awards and Decorations: AAM-3, NDSM, GWOTSM, GWOTEM, ICM-CS, ASR, OSR, ARCOTR-4, AFRM-M Device g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Orders 145-0012, dated 25 May 2011, reflects the applicant was released from active duty, not by reason of physical disability, and assigned to 376 HR CO 01 PLT 5631 Rickenbacker RD, Bell, CA 90201, effective 19 June 2011. Orders 14-016-0009, dated 16 January 2014, reflects the applicant was discharged from the United States Army Reserve under the provisions of AR 135-178 with an Under Honorable Conditions (General) discharge, effective 23 January 2014. 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, On-Line Application. 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. Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. 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. 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. f. Department of the Army Personnel Policy Guidance (PPG) for Overseas Contingency Operations provides updated personnel guidance related to mobilized, employed, deployed, redeployed, and demobilized personnel in support of the overseas contingency operation (OCO). It applies to Active Army, the Army National Guard, U.S Army Reserve, retired Soldiers, Department of the Army civilians, Department of Defense civilians, contractors, Red Cross employees, and Army Air Force Exchange Services employees. Paragraph 6-14, states for Item 26 (separation code) enter “MBK” for Soldiers separating for completion of required active service orders and for Item 27 (reentry code) enter “NA.” 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 a 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 requests the RE code be changed. The applicant was released from active duty under the provisions AR 635-200, Chapter 4, due to completion of required active service. Item 26 (Separation Code) shows the entry “MBK” and item 27 (Reentry Code) shows the entry “NA.” PPG for Overseas Contingency Operations provides updated personnel guidance related to mobilized, employed, deployed, redeployed, and demobilized personnel in support of the overseas contingency operation (OCO). It applies to Active Army, the Army National Guard, U.S Army Reserve, retired Soldiers, Department of the Army civilians, Department of Defense civilians, contractors, Red Cross employees, and Army Air Force Exchange Services employees. Paragraph 6-14, states for Item 26 (separation code) enter “MBK” for Soldiers separating for completion of required active service orders and for Item 27 (reentry code) enter “NA.” The applicant RE code is appropriately list as “NA.” The applicant desires to reenter military service. Based on PPG for Overseas Contingency Operations, the applicant’s RE code was appropriately listed as “NA.” 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. 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; Anxiety DO NOS. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found Anxieyt DO was diagnosed during active service. Service connection for PTSD establishes it occurred during service. (3) Does the condition or experience actually excuse or mitigate the discharge? No. Applicant’s service record and discharge did not include misconduct to consider for mitigation. (4) Does the condition or experience outweigh the discharge? N/A b. Response to Contention(s): The applicant contends the applicant’s RE code is preventing the applicant from reentering military service. The Board considered this contention but found insufficient evidence of mitigating factors that would warrant a change to the applicant’s reentry code. Therefore, the Board determined that the current reentry code is proper and equitable. 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 the applicant already holds an Honorable characterization. (2) The Board voted not to change the applicant’s reason for discharge or accompanying SPD code due to there being insufficient evidence to show that the reason for separation was not proper and equitable. (3) The RE code will not change. The Board examined all available evidence and found that 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 AR20200008377 1