1. Applicant’s Name: a. Application Date: 24 January 2020 b. Date Received: 27 January 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 under other than honorable conditions. The applicant requests an upgrade to honorable conditions, a separation and reentry (RE) code change and the narrative reason for separation. The applicant seeks relief contending, in effect, the request is because the applicant was wrongfully separated from the military. The applicant states a physiologist recommended to the applicant’s unit that she be discharged from the Army under Chapter 5-17 which meant the applicant had a physical or mental condition that prevented her from fulfilling military duties and this usually carries an honorable discharge. The applicant questions when she was suffering with the same conditions when discharged on 13 August 2008, why was her characterization Under Other Than Honorable instead of Honorable. The applicant had severe mental issues during the applicant military career and was severely bulimic. Purging and throwing up eight to ten times a day. The applicant states her unit in Fort Sill Oklahoma knew the applicant mental state and medical condition and knew the recommendations from the medical professional but instead kept the applicant in a war zone in a dangerous serious state. The applicant states when all the mental illnesses the applicant was experiencing during this time was beyond the applicant control. The applicant states she was being punished with the type of discharge received. The applicant is asking the Board to please review all documents and change the characterization of the discharge to honorable. b. Board Type and Decision: In a records review conducted on 3 February 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: In Lieu of Trial by Court-Martial / AR 635-200, Chapter 10 / KFS / RE-4 / Under Other Than Honorable Conditions b. Date of Discharge: 13 August 2008 c. Separation Facts: (1) Date and Charges Preferred (DD Form 458, Charge Sheet): 18 July 2008 / NIF / However, the applicant was charged with; violation of Articles 86,89,90 and 91 under the UCMJ, according to the applicant request for discharge in lieu of trial by court-martial. (2) Legal Consultation Date: 18 July 2008 (3) Basis for Separation: Pursuant to the applicant’s request for discharge under the provisions of AR 635-200, Chapter 10, in lieu of trial by court-martial. (4) Recommended Characterization: Under Other Than Honorable Conditions (5) Separation Decision Date / Characterization: 26 July 2008 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 October 2006 / 3 years, 2 weeks b. Age at Enlistment / Education / GT Score: 25 / HS Graduate / 83 c. Highest Grade Achieved / MOS / Total Service: E-4 / 88M10, Motor Transport Operator / 4 years, 4 months, 3 weeks, 3 days d. Prior Service / Characterizations: ARNG, 17 May 2003 – 16 June 2003 / NA IADT, 17 June 2003 – 1 November 2003 / UNCH ARNG, 2 November 2003 – 24 August 2004 / HD AD, 25 August 2004 – 7 November 2005 / HD ARNG, 8 November 2005 – 25 October 2006 / HD (Concurrent Service) e. Overseas Service / Combat Service: SWA / Iraq (14 October 2004 – 10 October 2005 / (Prior Service), Iraq (28 April 2008 – 6 August 2008) f. Awards and Decorations: AAM, NDSM, GWOTSM, ICM -CS, ASR, OSR, AFRM-MD The applicant’s AMHRR reflects award of the CAB, however, the award is not reflected on the DD Form 214. The applicant’s NGB Form reflects award of the GCM, however, the award is not reflected on the DD Form 214. g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Memorandum dated 28 July 2008, Letter of Release, reflects the applicant was released from theater, Camp Bucca, Iraq, effective 30 July 2008, due to a pattern of misconduct and reassigned to Rear Detachment at Ft. Sill until the applicant cleared. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: The applicant provided a copy of a Report of Mental Status Evaluation, dated 17 December 2006 which reflects the applicant was previously diagnosed with Adjustment-Disorder with depressed mood, Schizotypal personality features, Irritable bowel syndrome and stress related to routine military duty, and it was recommended that the applicant be administratively separated from the Army under a Chapter 5-17 and was discharged on 8 March 2007. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; DD Form 214’s; copies of military personnel records. 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 provides 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 3-7b states a General discharge is a separation from the Army under honorable conditions and is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. (4) Paragraph 3-7c states Under other-than-honorable-conditions discharge is an administrative separation from the Service under conditions other than honorable and it may be issued for misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial based on certain circumstances or patterns of behavior or acts or omissions that constitute a significant departure from the conduct expected of Soldiers in the Army. (5) Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual’s admission of guilt. (6) Paragraph 10-8a stipulates a discharge under other than honorable conditions normally is appropriate for a Soldier who is discharged in lieu of trial by court-martial. However, the separation authority may direct a general discharge if such is merited by the Soldier’s overall record during the current enlistment. (See chap 3, sec II.) (7) Paragraph 10b stipulates Soldiers who have completed entry-level status, characterization of service as honorable is not authorized unless the Soldier’s record is otherwise so meritorious that any other characterization clearly would be improper. 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 “KFS” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 10, In Lieu of Trial by Court-Martial. 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-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 an upgrade to honorable. The applicant’s Army Military Human Resource Record (AMHRR), the issues and documents submitted with the application were carefully reviewed. The applicant’s AMHRR is void of the complete facts and circumstances concerning the events which led to the discharge from the Army. The applicant’s AMHRR does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated with the applicant’s electronic signature. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 10, by reason of In Lieu of Trial by Court-Martial, with a characterization of service of under other than honorable conditions. On 26 July 2008, the applicant in consultation with legal counsel voluntarily requested, in writing, a discharge under the provisions of Chapter 10, AR 635-200, in lieu of trial by court- martial. In this request, the applicant admitted guilt to the offense, or a lesser included offense, and indicated the applicant understood he could receive an under other than honorable conditions discharge and that the discharge would have a significant effect on eligibility for veterans' benefits. On 26 July 2008, the separation authority reviewed the applicant request for discharge in lieu of trial by court-martial and directed the issuance of an under other than honorable conditions discharge. All requirements of law and regulation would have been met and the rights of the applicant would have been fully protected throughout the separation process. The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. The applicant contends, in effect, the narrative reason for the discharge should be changed. The applicant was separated under the provisions of Chapter 10, AR 635-200, with an under other than honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is “In Lieu of Trial by Court-Martial,” and the separation code is “KFS.” 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 as listed in tables 2-2 or 2-3 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 regulation stipulates no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends the SPD code should be changed. SPD codes are three-character alphabetic combinations that identify reasons for, and types of, separation from active duty. The primary purpose of SPD codes is to provide statistical accounting of reasons for separation. They are intended exclusively for the internal use of DoD and the Military Services to assist in the collection and analysis of separation data. SPD Codes are controlled by OSD and then implemented in Army policy AR 635-5-1 to track types of separations. The SPD code specified by Army Regulations for a discharge under Chapter 10, is “KFS.” The applicant contends she was wrongly separated from the military. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends she had severe mental issues during her military career and was severely bulimic, throwing up at least eight to 10 times per day. The applicant’s AMHRR contains documentation which supports a previous diagnosis of in-service adjustment-disorder with depressed mood, schizotypal personality features, irritable bowel syndrome and stress related to routine military duty. The record shows the applicant underwent a mental status evaluation (MSE) during a previous enlistment, on 17 December 2006, which reflected a diagnosis of Adjustment-Disorder with depressed mood, Schizotypal personality features, Irritable-Bowel-Syndrome and stress related to routine military duty and a discharge recommended. The applicant did have a break in service and was able to reenlist. 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. 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. matter. A DD Form 149 may also be obtained from a Veterans’ Service Organization. 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: The applicant was previously discharged under a 5-17, Adjustment Disorder. During the period of service under review, the applicant was diagnosed with Personality Disorder, Adjustment Disorder, Depression, Social Phobia, Generalized Anxiety Disorder (GAD), and Bulimia. The VA confirmed a Personality Disorder and did not service connect. (2) Did the condition exist, or experience occur during military service? Yes. The applicant was previously discharged under a 5-17, Adjustment Disorder. During the period of service under review, the applicant was diagnosed with Personality Disorder, Adjustment Disorder, Depression, Social Phobia, Generalized Anxiety Disorder (GAD), and Bulimia. (3) Does the condition or experience excuse or mitigate the discharge? Partial. The Board's Medical Advisor applied liberal consideration and opined that the applicant’s misconduct was related to a Personality Disorder with concurrence by the VA. Although a Personality Disorder provides context, it is not mitigating. A Personality Disorder does not impair the applicant’s ability to understand her actions, know right from wrong, and have awareness of consequences. (4) Does the condition or experience outweigh the discharge? No. Based on liberally considering all the evidence before the Board, the ADRB determined that the condition or experience did not outweigh the basis of separation. b. Prior Decisions Cited: AR20090014485 c. Response to Contention(s): (1) The applicant contends she was wrongly separated from the military. The Board considered this contention and determined the applicant did not provide supporting documentation to provide merit to the claim. The record shows the applicant with legal counsel’s advice voluntarily accepted a chapter 10 In Lieu of Trial by Court Martial elimination. Ultimately, the Board decided that the assertion alone did not outweigh the basis of separation due to the severity of the offenses. In this case, the Board determined the discharge was proper and equitable. (2) The applicant contends she had severe mental issues during her military career and was severely bulimic, throwing up at least eight to 10 times per day. The Board reviewed the applicant's DOD and VA health records and found that the applicant diagnosed with Adjustment Disorder. During the period of service under review, the applicant was diagnosed with Personality Disorder, Adjustment Disorder, Depression, Social Phobia, Generalized Anxiety Disorder (GAD), and Bulimia. The Board considered this contention but determined that the Army has many legitimate other avenues available to service members requesting assistance with eating disorders or behavior health concerns. However, the applicant was properly and equitably discharged. (3) The applicant contends she wishes to rejoin military service. The Board determined 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. d. The Board determined 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. e. Rationale for Decision: (1) The Board voted not to change the applicant’s characterization of service because, despite applying liberal consideration of all the evidence before the Board, the applicant’s Personality Disorder, Adjustment Disorder, Depression, Social Phobia, Generalized Anxiety Disorder (GAD), and Bulimia did not excuse or mitigate the basis of separation. 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, 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 AR20090014485 1