1. Applicant’s Name: a. Application Date: 26 April 2021 b. Date Received: 26 April 2021 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, has an unknown characterization of service and wishes to be upgraded to an honorable discharge. b. Board Type and Decision: In a records review conducted on 15 March 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: 20 December 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 10 December 2004 (2) Basis for Separation: The applicant was informed of the following reasons: Failure to adapt to a military environment. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 10 December 2004, the applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 10 December 2004 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 November 2004 / 4 years b. Age at Enlistment / Education / GT Score: 28 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 1 month, 6 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: Two Developmental Counseling Forms, for failure to adapt to the military environment. The applicant was counseled for behavioral health issues which existed prior to enlistment. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: None (2) AMHRR Listed: Report of Mental Status Evaluation, dated 10 December 2004, 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. The command was advised to consider the influence of these conditions. The applicant was diagnosed with: Adjustment Disorder with Mixed Anxiety and Depressed Mood. The Service member does not have a severe mental disorder and is not considered mentally disordered. However, the Service member manifests a long-standing disorder of character, behavior and adaptability which is of such severity to preclude adequate military service. Although not currently at significant risk for suicide or homicide, due to these life-long patterns of maladaptive responses to routine personal and/or work-related stressors, the Service member may become dangerous to oneself or others in the future. The Soldier reports of having difficulty adapting to the military environment. The applicant is experiencing depressed and anxious mood; increased irritability; insomnia; low energy; decreased appetite; frequent nausea; 15-pound weight loss since arrival at Fort Jackson; decreased motivation to train; withdrawal from peers and occasional chest pains. Soldier's history is significant for substance abuse; depression and anxiety. The applicant reports that from the ages of 16 to 26 used to abuse alcohol several times a week. With the assistance of AA, Soldier states has remained sober for the past three years. In addition, the applicant states has struggled with depression and anxiety for the past several years and reports had suicidal thoughts last year. The applicant was prevented from jumping off a bridge by police officers. Furthermore, states since June 2004, the applicant has been having frequent panic attacks. On two occasions the applicant went to the emergency room and was encouraged to follow up with family doctor. The, doctor prescribed Paxil (psychiatric medication), however, the applicant stopped taking this medication after one week due to the negative side effects. Due to the lack of time Soldier was taking Paxil the applicant does not meet criteria for a Chapter 2, MEB. However, based on Soldier’s current symptoms and history, Soldier is not a candidate for retention, and it is strongly recommended the applicant be pulled from training and administratively separated under Chapter 11. Furthermore, Soldier is currently reporting vague, fleeting thoughts of self-harm but with no plan or intent to act on these thoughts. As the applicant was willing to contract for safety, additional safety precautions are not warranted. However, if Soldier is retained, the symptoms are likely to escalate, and the thoughts of self- harm are likely to increase in severity. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214; DD Form 293 and ARBA letter. 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-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. 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 has an unknown characterization of service and wishes to be upgraded to an honorable. Army Regulation 635-200 states 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. The evidence of the Army Military Human Resource Record (AMHRR) reflects the applicant was notified on 10 December 2004, of the intent to initiate separation proceedings from the Army. At the time of the notification, the applicant had 26 days of continuous active-duty service. Based on the time in service, the applicant was in ELS status, and the uncharacterized discharge was appropriate. The applicant’s AMHRR includes a Report of Mental Status Evaluation, dated 10 December 2004, 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. The command was advised to consider the influence of these conditions. The applicant was diagnosed with: Adjustment Disorder with Mixed Anxiety and Depressed Mood. The Service member does not have a severe mental disorder and is not considered mentally disordered. However, the Service member manifests a long-standing disorder of character, behavior and adaptability which is of such severity to preclude adequate military service. Although not currently at significant risk for suicide or homicide, due to these life-long patterns of maladaptive responses to routine personal and/or work-related stressors, the Service member may become dangerous to oneself or others in the future. The Soldier reports of having difficulty adapting to the military environment. The applicant is experiencing depressed and anxious mood; increased irritability; insomnia; low energy; decreased appetite; frequent nausea; 15-pound weight loss since arrival at Fort Jackson; decreased motivation to train; withdrawal from peers and occasional chest pains. Soldier's history is significant for substance abuse, depression, and anxiety. The applicant reports that from the ages of 16 to 26 used to abuse alcohol several times a week. With the assistance of AA, Soldier states has remained sober for the past three years. In addition, the applicant states have struggled with depression and anxiety for the past several years and reports had suicidal thoughts last year. The was prevented from jumping off a bridge by police officers. Furthermore, states since June 2004, the applicant has been having frequent panic attacks. On two occasions the applicant went to the emergency room and was encouraged to follow up with family doctor. The doctor prescribed Paxil (psychiatric medication), however, the applicant stopped taking this medication after one week due to the negative side effects. Due to the lack of time Soldier was taking Paxil the applicant does not meet criteria for a Chapter 2, MEB. However, based on Soldier’s current symptoms and history, Soldier is not a candidate for retention, and it is strongly recommended the applicant be pulled from training and administratively separated under Chapter 11. Furthermore, Soldier is currently reporting vague, fleeting thoughts of self-harm but with no plan or intent to act on these thoughts. As the applicant was willing to contract for safety, additional safety precautions are not warranted. However, if Soldier is retained, the symptoms are likely to escalate, and thoughts of self-harm are likely to increase in severity. The MSE was 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 diagnosis: Adjustment Disorder with mixed anxiety and depressed mood. (2) Did the condition exist or experience occur during military service? Yes. Applicant was diagnosed while in-service. (3) Does the condition or experience actually excuse or mitigate the discharge? No. The Board’s medical advisor applied liberal consideration and determined that the condition was properly diagnosed, did not excused or mitigate the discharge, but rather discharge was equitable. (4) Does the condition or experience outweigh the discharge? No. Despite the Board’s application of liberal consideration, the Board considered the opinion of the Board’s Medical Advisor, a voting member, that the available evidence did not support a conclusion that the applicant’s Adjustment Disorder outweighed the basis for applicant’s separation – failure to adapt – for the aforementioned reason(s). b. Response to Contention(s): The applicant contends has an unknown characterization of service and wishes to be upgraded to an honorable. The Board considered this contention but determined that no relief to the characterization is warranted. UNC is the proper characterization of service as the applicant’s service was not long enough to be properly assessed. 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. (1) The Board determined that the discharge is, at this time, a proper and equitable Entry Level Status discharge. AR 6-5-200 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. 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. The applicant has exhausted their appeal options available with ADRB. However, the applicant may still apply to the Army Board for Correction of Military Records. 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. c. 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 failure to adapt to the military within the first month of arrival, Uncharacterized is proper and equitable. 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. (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 AR20210002009 1