1. Applicant’s Name: a. Application Date: 26 April 2021 b. Date Received: 26 April 2021 c. Counsel: Yes 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, through counsel, requests an upgrade to honorable and a narrative reason change to Hardship (Temporary) and RE code change to “RE- 1.” The applicant seeks relief contending, in effect, under Army regulations, the applicant has proved there was injustice against them during their military service. The Army failed to properly provide the applicant with adequate physical/mental rehabilitation; and was not provided with adequate counsel to defend their case, nor did the psychologist address the mental depression and behaviors. The applicant was deprived of their full rights in this matter, and inadvertently acknowledged receipt of the notification of separation on the same day, and inadvertently waived the right to consult counsel, and under duress and coercion elected to submit statements on their own behalf by not fully understanding the ramifications of such actions. The applicant desires to reenter active duty military service with an honorable discharge. The RE-3 code provides: individuals who are not qualified for continued Army service, but disqualification is waiverable may reenlist in the U.S. Army. Additionally, the applicant’s depression has subsided, and the applicant is fully aware of their commitment and obligation to the U.S. Army, including completing the initial or new contract for enlistment or reenlistment. For these reasons, the applicant requests the Board consider the facts, laws and evidence submitted and not submitted in support of this claim, to resolve all reasonable doubt in favor of the applicant to find it suitable and in the interest of justice to grant the requested relief and a narrative reason change, a reentry eligibility (RE) code change; a Separation Authority change and reinstatement in the Army. b. Board Type and Decision: In a records review conducted on 20 July 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: Entry Level Performance and Conduct / AR 635-200, Chapter 11 / JGA / RE-3 / Uncharacterized b. Date of Discharge: 3 March 2011 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 February 2011 (2) Basis for Separation: The applicant was informed of the following reasons: the applicant was unable to meet the minimum standards for successful completion of Basic Combat Training due to the inability to adapt to the military environment and the applicant’s refusal to train. The applicant had been provided with the counseling and rehabilitation required by paragraph 11- 4. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 8 February 2011, the applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 16 February 2011 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 19 October 2010 / 5 years b. Age at Enlistment / Education / GT Score: 19 / High School Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / None / 4 months, 15 days 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: Summarized Article 15, dated 21 January 2011, for informing the DS the applicant no longer wanted to remain in the US Army and that they refused to train. This action is in direct violation of Article 92; Failure to obey an order or regulation. wrongfully using cocaine (between 10 and 15 May 2006). The punishment consisted of extra duty for 14 days. Six Developmental Counseling Forms, for recommendation of separation; failure to adapt; refusing to train; failure to obey a lawful order or regulation; White Phase new start; and missing mandatory training. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: Report of Mental Status Evaluation (MSE), dated 8 December 2010, reflects the applicant was cleared for any administrative actions deemed appropriate by the command. The applicant could understand and participate in administrative proceedings; could appreciate the difference between right and wrong; and met medical retention requirements. The Soldier was seen for a full mental evaluation on 8 December 2010, by T. P., Social Services Assistant, and by the undersigned provider. Soldier reported that the military lifestyle is not for them; the applicant joined the Army for the wrong reason. Reports they are capable of completing training; however, does not feel the military is a good fit. The applicant desires to be discharged to attend college and pursue another career choice. The applicant reports mild depressive symptoms such as feeling sad, at times, sleep difficulties, and low motivation. Denies past psychiatric treatment, hospitalization, or medications. Initially, the Soldier reported passive thoughts of suicide; however, later disclosed that the statement, concerning suicidal ideations, was an attempt to enhance chances of being discharged. Denies current or history of suicidal, homicidal, or self-harm ideations, and contracts for safety. Denies substance use or abuse. Soldier reports a stable history. The current mild depressive symptoms are suggestive of an occupational problem (i.e. dissatisfaction with career choice of being a Soldier). The applicant was diagnosed with: Occupational Problem. Periodic Medical Examination, dated 4 February 2011, reflects the following statement from the applicant “I underwent a medical examination in conjunction with CMHS and tmc due to suicidal thoughts and injured knee on or about December 7, 2020.” (2) AMHRR Listed: MSE and Periodic Medical Examination as previously described in 4j(1). 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293; Brief in support of application; Periodic Medical Examination; MSE; Separation Authority’s decision memo; Separations Election of Rights memo; MDA Form 7308-1. 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 3-9 states a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status. (5) Chapter 11 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status (ELS). (6) Paragraph 11-3a (2) stipulates the policy applies to Soldiers who are in entry-level status, undergoing IET, and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous AD or IADT or no more than 90 days of Phase II under a split or alternate training option. (See the glossary for precise definition of entry-level status.) (7) Paragraph 11-8, stipulates service will be described as uncharacterized under the provisions of this chapter. (8) Glossary defines entry-level status for RA Soldiers is the first 180 days of continuous AD or the first 180 days of continuous AD following a break of more than 92 days of active military service. 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 “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. 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. 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 Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. Army Regulation 635-200, paragraph 3-9 states that 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 unless an honorable characterization of service is clearly warranted by the presence of unusual circumstances involving personal conduct and performance of duty. The evidence of the Army Military Human Resource Record (AMHRR) reflects the applicant was notified on 8 February 2011 of the intent to initiate separation proceedings from the Army. At the time of the notification, the applicant had 115 days of continuous active duty service. Based on the time in service, the applicant was in an ELS status, and the uncharacterized discharge was appropriate. An honorable discharge (HD) may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. An HD is rarely ever granted. The applicant contends the narrative reason and the authority for the discharge needs changed. 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 635-8, 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 applicant contends the SPD code should be changed. The 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. The 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 11, is “JGA.” The applicant requests a reentry eligibility (RE) code change to RE-1. Soldiers processed for separation are assigned reentry codes based on a Soldier’s service records or the reason for discharge. Based on Army Regulation 601-201, the applicant was appropriately assigned an RE code of “3.” There is no basis upon which to grant a change to the reason or the RE code. An RE Code of “3” indicates the applicant requires a waiver before being allowed to reenlist. 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. The applicant requests reinstatement in the Army should the Board not grant an RE code change to RE-1. The applicant’s request does not fall within this board’s purview. 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 contends not being provided adequate counsel and being coerced to waive their rights. The applicant did not submit any evidence, other than the applicant’s statement, to support the contention. The AMHRR reflects the applicant waived their right to counsel on 8 February 2011. The applicant’s AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends the Army failed to properly provide the applicant with adequate physical/mental rehabilitation; and the psychologist did not address the mental depression and behaviors. The applicant’s AMHRR contains documentation which supports a diagnosis of in- service Occupational Problem. The record shows the applicant underwent a MSE on 8 December 2010, which indicates the applicant was cleared for any administrative actions deemed appropriate by the command; the applicant could understand and participate in administrative proceedings; could appreciate the difference between right and wrong; and met medical retention requirements. Further, the record the MSE reflects the Soldier was seen for a full mental evaluation on 8 December 2010, by T. P., Social Services Assistant, and by the undersigned provider. Soldier reported the military lifestyle is not for them; the applicant joined the Army for the wrong reason. The applicant reports the applicant is capable of completing training; however, does not feel the military is a good fit. The applicant desires to be discharged to attend college and pursue another career choice. The applicant reports mild depressive symptoms such as feeling sad, at times, sleep difficulties, and low motivation. Denies past psychiatric treatment, hospitalization, or medications. Initially, the Soldier reported passive thoughts of suicide; however, later disclosed that the statement, concerning suicidal ideations, was an attempt to enhance chances of being discharged. Denies current or history of suicidal, homicidal, or self-harm ideations, and contracts for safety. Denies substance use or abuse. Soldier reports a stable history. The current mild depressive symptoms are suggestive of an occupational problem (i.e. dissatisfaction with career choice of being a Soldier). The applicant was diagnosed with: Occupational Problem. The AMHRR also includes a Periodic Medical Examination, dated 4 February 2011, which reflects the following statement from the applicant “I underwent a medical examination in conjunction with CMHS and tmc due to suicidal thoughts and injured knee on or about December 7, 2020.” The MSE and the Periodic Medical Examination were considered by the separation authority. 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: Adjustment Disorder. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor found that the applicant was diagnosed in service with an Adjustment Disorder. (3) Does the condition or experience actually excuse or mitigate the discharge? No. The Board's Medical Advisor applied liberal consideration and opined that the applicant was diagnosed in service with an Adjustment Disorder. The VA has not diagnosed or service connected any behavioral health conditions. The applicant’s Adjustment Disorder was diagnosed in response to difficulty adapting to the military environment, as opposed to being a condition that contributed to the difficulty. Therefore, applicant’s Adjustment Disorder did not contribute to the basis of separation and is not mitigating. Applicant’s discharge appears appropriate. (4) Does the condition or experience outweigh the discharge? No. The Board applied liberal consideration to the evidence, including the Board Medical Advisor opine, and determined that the applicant’s Adjustment Disorder does not outweigh the applicant’s medically unmitigated conduct involving failure to adapt to a military environment and refusal to train resulting in the applicant’s uncharacterized discharge for entry level performance and conduct. b. Response to Contention(s): (1) The applicant contends the narrative reason for discharge, authority, and SPD code discharge needs changed. The Board considered this contention and determined that the applicant was properly separated under the provisions of Chapter 11, AR 635-200 and the narrative reason specified by Army Regulations for a discharge under this paragraph is “Entry Level Performance and Conduct,” and the corresponding separation code is JGA. After a review of the totality of the record, the Board determined there is insufficient evidence to warrant deviation from the provisions of the authority under which the applicant was separated. (2) The applicant requests a reentry eligibility (RE) code change. The Board considered this contention and voted to maintain the RE-code at RE-3, which is a waivable code. An RE Code of “3” indicates the applicant requires a waiver before being allowed to reenlist. 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 (3) The applicant requests reinstatement in the Army should the Board not grant an RE code change. The Board determined that the applicant’s requested change to the DD Form 214 does not fall within the purview of the ADRB. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using a DD Form 149 regarding this matter. A DD Form 149 may be obtained from a Veterans’ Service Organization. (4) The applicant contends not being provided adequate counsel and being coerced to waive their rights. The Board considered this contention, noted the waiver of legal counsel on 8 February 2011, and determined there was insufficient evidence of any arbitrary or capricious action taken by the Command to warrant a discharge upgrade. (5) The applicant contends the Army failed to properly provide the applicant with adequate physical/mental rehabilitation; and the psychologist did not address the mental depression and behaviors. The Board considered this contention, noted the numerous counseling statements regarding the applicant’s refusal to train, the applicant’s lack of a desire to remain in the army noted in the disciplinary and medical records, and determined there is insufficient evidence of any arbitrary or capricious action taken by the Command or evidence of unusual circumstances involving personal conduct and performance required to warrant a discharge upgrade. 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, despite applying liberal consideration, the applicant’s Adjustment Disorder does not outweigh the applicant’s medically unmitigated conduct involving failure to adapt to a military environment and refusal to train resulting in the applicant’s uncharacterized discharge for entry level performance and conduct. The Board considered the applicant’s inequity contentions involving the applicant not being provided adequate counsel and not receiving adequate medical rehabilitation and found insufficient evidence to warrant relief. The applicant’s uncharacterized characterization of service is proper and equitable as the applicant was discharged for inability to meet the minimum standards for successful completion of Basic Combat Training based on the applicant’s failure to adapt to the military environment and refusal to train. Further, the Board determined that the applicant’s service does not involves unusual circumstances involving outstanding personal conduct and/or performance of duty required for an upgrade to an Honorable characterization of service for Soldier’s in an entry level status. An uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service. Rather, an uncharacterized discharge reflects that a Soldier has served 180 days or less in the Army. 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, and the reason the applicant was discharged was both proper and equitable. 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 AR20210001699 1