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, the applicant worked for the Army from 2006 to 2013 as an interpreter (civilian) and was one of the trusted translators in the Army because of loyalty, and the applicant is a native of Iraq. In 2014, the applicant decided to enlist in the Army, but because of family obligations, the major transition, and going to school, the applicant did not finish the process until July 2017. The applicant was assigned to Fort Jackson, SC, for basic training after enlisting and was 99 percent close to graduation and Family Day when the applicant injured their left knee. After two months of stress fractures and the injury, the applicant was granted convalescent leave. After leave, the applicant returned to Fort Jackson and was assigned to the Reception Holding Unit. The applicant was evaluated by CPT G. and was told the applicant had no option but to be discharged because of the injury and to rejoin. CPT G. told the applicant it was not the applicant’s fault the injury did not heal; the applicant had to rest for at least six months; one month was not enough to finish training to graduate. After receiving the feedback, the applicant began to stress because the dream of finishing what the applicant started seven years ago had faded away, and the applicant’s spouse built a good future on the applicant’s military career. The discharge destroyed the applicant’s life. In a combination of the injury and the applicant’s history of controlled anxiety in 2006, which was treated by the U.S Army Medical Hospital in Baghdad International Airport Base, the applicant received discharge paperwork with an uncharacterized character of service. The applicant has a Doctorate of Pharmacy, a Master’s degree in Pharmaceutical Science, and is a candidate for a Doctorate of Philosophy. The applicant cannot apply for any type of job or do anything because of the uncharacterized discharge. The employment applications were disapproved, and the applicant was directed to the Department of Defense for review. The applicant received similar responses from banks, credit providers, and local government agencies. Because of the applicant’s education, the applicant can only apply for jobs as a medical healthcare provider and, most of the time, works as a volunteer. Still, because of the discharge, the applicant can no longer work as a volunteer. The knee injury led to the applicant’s discharge, and any anxiety the applicant had during the service was because of the injury. The applicant is in rehabilitation for the knee injury. The applicant applied for Ohio Unemployment Compensation, and the application was disapproved. Based on the current issues, the doctor placed the applicant on stress and anxiety medication, creating additional bills which must be paid. The applicant cannot renew the pharmacist’s license with an uncharacterized discharge. The applicant requests the Board to consider the applicant was 17 years old when the applicant decided to serve as a full-time volunteer for the U.S. rather than any other country. The applicant desires to continue to serve the country as a civilian if not qualified as a service member. The applicant has a family to support and needs a job to cover family expenses. The applicant requests an upgrade and a change of the narrative reason to a medical discharge. The applicant further details the contentions in various self- authored statements submitted with the application. b. Board Type and Decision: In a records review conducted on 26 July 2022, 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: Failed Medical/Physical/Procurement Standards / AR 635-200, Paragraph 5-11 / JFW / RE-3 / Uncharacterized b. Date of Discharge: 15 December 2017 c. Separation Facts: (1) Date Entrance Physical Standards Board (EPSBD) convened: 1 December 2017 (2) EPSBD Findings: The findings of the evaluating physicians indicate the applicant was medically unfit for appointment or enlistment in accordance with current medical fitness standards and in the opinion of the evaluating physicians the condition existed prior to service. The applicant was diagnosed with: Unspecified Anxiety Disorder (EPTS by History); Other Specified Depressive Disorder (EPTS by history). (3) Date Applicant Reviewed and Concurred with the Findings, and Requested Discharge without Delay: 6 December 2017 (4) Separation Decision Date / Characterization: 11 December 2017 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 August 2017 / 3 years, 27 weeks b. Age at Enlistment / Education / GT Score: 28 / Master’s Degree / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 4 months, 15 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: None / The applicant’s Army Military Human Resource Record (AMHRR) reflects award of the NDSM; however, the award is not reflected on the DD Form 214. g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant provided: Memorandum, subject: Recommendation for Convalescent Leave, dated 26 September 2017, reflecting the Troop Medical Clinic Physical Therapy Clinic, recommended convalescent for a diagnosis of Bilateral Tibia and Distal Femur Stress Injuries. Request and Authority for Leave, dated 17 October 2017, reflecting the applicant was granted Convalescent Leave from 20 October to 18 November 2017. Numerous Department of Veterans Affairs (VA) letters, dated 1 July 2018 to 28 November 2020, reflecting the applicant was rated service – connected disabilities from 10 percent to totally and permanently disabled, effective 8 July 2020. The document did not reveal the medical conditions, which contributed to the disabilities. Notification of Personnel Action, dated 21 July 2019, reflecting the applicant was selected for federal employment at the Citizenship and Immigration Services Field Operations Directorate Office of Field Operations District 5 as an Immigration Services Assistant. Electronic Mail Message, dated 8 August 2019, reflecting the applicant was selected for employment at the Department of Homeland Security, but must submit proof of honorable service. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: EPSBD findings as described in previous paragraph 3c. The applicant provided Chronological Record of Medical Care, dated 30 August 2017, reflecting the applicant was seen by Community Behavioral Health Services for a safety screening for stating “I have [been] depressed since three days ago.” The applicant was in the fourth week of basic combat training and failed the Army Physical Fitness Test a week before. The applicant was a translator for the U.S. in Iraq, the applicant’s native country, for seven years and wanted to wear the uniform. The applicant had similar depressive symptoms when working as a translator in 2009 and took Ativan for six months which was prescribed by the Army doctor. The applicant denied any concerns. The applicant provided Clinical Discharge Summary, dated 23 October 2017, reflecting the applicant was diagnosed with Major Depressive Disorder, recurrent, in full remission; and, Anxiety Disorder, unspecified; Reflux Esophagitis; Sprains and Strains of Lumbar Region; and was prescribed medication. The applicant’s past medical history was unremarkable. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 214 (Copies 1, 2, and 4); DD Form 293; three self- authored statements; Fort Jackson letter to Family members; USAA membership denial letter; Application for Veterans Identification Card; Ohio Department of Job and Family Services DD Form 214 Request; Convalescent Leave documents; enlistment documents; separation documents; medical documents; electronic mail messages; VA letters; Notification of Personnel Action; Letter of Authorization –Veterans Legal Institute. 6. POST SERVICE ACCOMPLISHMENTS: The applicant has a Doctorate of Pharmacy, a Master’s degree in Pharmaceutical Science, and is a candidate for a Doctorate of Philosophy. 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 because of 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 3-9, states a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status. (4) Chapter 5, provides for the basic separation of enlisted personnel for the convenience of the government. (5) Paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, general (under honorable conditions), or an uncharacterized description of service if in entry-level status. (6) Paragraph 5-10 (previously paragraph 5-11), specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty or active duty training or initial entry training will be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of AR 40-501, Chapter 3. (7) Glossary prescribes 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), in effect at the time, provided 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 “JFW” as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5-11, Failed Medical/ Physical/ Procurement Standards. 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 a 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 record of service, the issues and documents submitted with the application were carefully reviewed. The proceedings of the EPSBD revealed the applicant had a medical condition, which was disqualifying for enlistment and existed prior to entry on active duty. These findings were approved by competent medical authority and the applicant agreed with the findings and proposed action for administrative separation from the Army. The applicant contends the narrative reason for the discharge needs changed. The applicant was separated under the provisions of Chapter 5-11, 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 “Failed Medical/Physical/Procurement Standards,” and the separation code is “JFW.” Army Regulation 635-8, Separation Processing and Documents, governs 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 a knee injury led to the applicant’s discharge and any anxiety the applicant had was because of the injury. The applicant’s AMHRR contains documentation which supports a diagnosis of: Unspecified Anxiety Disorder (EPTS by History); Other Specified Depressive Disorder (EPTS by history), determined by an EPSBD on 1 December 2017. The applicant provided medical documents to reflect the applicant did suffer from a knee injury while in basic combat training and was granted convalescent leave. The applicant provided VA documents reflecting the applicant was determined to be totally and permanently disabled because of service-connected disabilities. The VA document did not reveal the specific disabilities. The applicant contends good service. The Board considered the service accomplishments and the quality of service. The applicant requests a medical discharge. The applicant’s requested change to the DD Form 214 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 having a Doctorate of Pharmacy, a Master’s degree in Pharmaceutical Science, and being a candidate for a Doctorate of Philosophy. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. No law or regulation provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in civilian life after leaving the service. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member’s overall character. The applicant contends an upgrade of the discharge will allow the applicant to obtain better employment. The Board does not grant relief to gain employment or enhance employment opportunities. 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? N/A. The applicant was discharged based on AR 635-200, Chapter 5-10 (previously Chapter 5-11) for failing to meet medical procurement standards based on the applicant’s pre- existing unspecified Anxiety Disorder and Other Specified Depressive Disorder, while the applicant’s was in an entry-level status (ELS), and therefore there was no mitigation based on applicant’s medical conditions. (2) Did the condition exist or experience occur during military service? N/A (3) Does the condition or experience actually excuse or mitigate the discharge? N/A (4) Does the condition or experience outweigh the discharge? N/A b. Response to Contention(s): (1) The applicant contends the narrative reason for the discharge needs changed. The Board considered this contention and determined that 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. (2) The applicant contends a knee injury led to the applicant’s discharge and any anxiety the applicant had was because of the injury. The Board considered this contention and determined that, while the applicant was discharged after an injury, the actual basis for the applicant’s separation was for the applicant’s pre-existing Anxiety Disorder and Other Specified Depressive Disorder. The discharge was reviewed by a medical authority at the time of separation and the Board’s Medical Advisor. There is no evidence of the command acting in an arbitrary or capricious manner. (3) The applicant contends good service. The Board recognizes the applicant’s four months of service, however there is limited information on service for consideration. 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. (4) The applicant requests a medical discharge. 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. (5) The applicant contends having a Doctorate of Pharmacy, a Master’s degree in Pharmaceutical Science, and being a candidate for a Doctorate of Philosophy. The Board recognizes the applicant’s advanced studies and degrees, however the applicant’s post-service accomplishments are unrelated to a discharge characterization from the military. (6) The applicant contends an upgrade of the discharge will allow the applicant to obtain better employment. The Board does not grant relief to gain employment or enhance employment opportunities. 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 there were no mitigating factors for the Board to consider, as the applicant was discharged for failing medical procurement standards due to the applicant’s unspecified Anxiety Disorder and Other Specified Depressive Disorder Therefore, the applicant’s Uncharacterized discharge 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, 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 AR20210002759 1