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: The current characterization of service for the period under review is honorable. The applicant originally requested an upgrade to honorable, from a general, under honorable conditions discharge. The applicant originally sought relief contending, in effect, being involved in an abusive relationship, and being repeatedly raped by other Soldiers while on base, which led to the applicant being diagnosed with PTSD, affecting the applicant's ability to function effectively in the military environment. The applicant visited psychologists and psychiatrists, resulting in a PTSD diagnosis and recommendation for discharge. The applicant states having joint pain and is seeking the ability to be seen at the VA Hospital. In a records review conducted on 9 June 2022, and by a 5 - 0 vote, the Board denied any further upgrade upon finding the current separation is 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: Secretarial Authority / AR 635-200, Para 5-3 / JFF / RE-3 / Honorable b. Date of Discharge: 25 January 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 3 January 2008 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was diagnosed with PTSD, anxiety disorder, and occupational problems by Fort Campbell Adult Behavioral Health and they recommended discharge from the service. In addition, the applicant's multiple counselings about the applicant's FTR and disobeying orders, an Article 15 that shows that the applicant was AWOL from the unit, and the disobeying of orders and policies were considered by the separation authority. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 3 January 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 10 January 2008 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 January 2007 / 3 years, 20 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 97 c. Highest Grade Achieved / MOS / Total Service: E-2 / 92G10, Food Service Operator / 11 months, 27 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Absent Without Leave (AWOL)," effective 15 November 2007; and, From "AWOL" to "PDY," effective 19 November 2007. FG Article 15, dated 5 December 2007, the applicant on 15 November 2007, without authority, remain absent from the applicant's unit until 19 November 2007, in violation of Article 86, UCMJ; for failing to obey a lawful order issues by Major General J.J.S. on 14 November 2007, in violation of Article 92, UCMJ. The punishment consisted of a reduction to E-1 (suspended); and extra duty and restriction for 45 days. Military Police Report, dated 16 November 2007, reflects the applicant was reported as AWOL on 15 November 2007; and, the applicant surrendered to the unit on 19 November 2007. Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: 4 days (AWOL, 15 November 2007 - 18 November 2007) / Surrendered to Military Authorities j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation (MSE), dated 28 November 2007, reflects the applicant was diagnosed with PTSD, and Anxiety Disorder. The MSE further reflects the applicant had the capacity to understand and participate in proceedings, was mentally responsible for conduct, and the applicant's behavioral health problems were so severe the applicant's ability to function effectively in the military environment was significantly impaired. Ambulatory Progress Note provided by the applicant, dated 10 February 2017, reflects personality disorder and PTSD (due to being raped in the Army) as part of the applicant's illness history. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; and Ambulatory Progress Note. 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) Chapter 5, provides for the basic separation of enlisted personnel for the convenience of the government. (4) 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. (5) Chapter 5-3 (Chapter 15 current regulation) provides explicitly for separation under the prerogative of the Secretary of the Army. Secretarial plenary separation authority is exercised sparingly and seldom delegated. Ordinarily, it is used when no other provision of this regulation applies, and early separation is clearly in the Army's best interest. Separations under this paragraph are effective only if approved in writing by the Secretary of the Army or the Secretary's approved designee as announced in updated memorandums. Secretarial separation authority is normally exercised on a case-by-case basis. 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 identified the SPD code of "JFF" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-3, Secretarial Authority. 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 originally requested an upgrade to honorable and was granted an upgrade to an honorable discharge by the last Board. The applicant's record of service, the issues and documents submitted with the application were carefully reviewed again to determine if any further upgrades are warranted to applicant's discharge. 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. Applicant's PTSD could mitigate the applicant's RE code, as the only remaining aspect of applicant's discharge that can still be upgraded. (2) Did the condition exist or experience occur during military service? Yes. The Board's Medical Advisor, after applying liberal consideration found that the applicant's PTSD experience occurred during military service. (3) Does the condition or experience actually excuse or mitigate the discharge? No. The Board's Medical Advisor, even after applying liberal consideration opined that the applicant's PTSD does not mitigate the basis for separation that warrant any change to the RE code, the only remaining aspect of applicant's discharge that can still be upgraded. (4) Does the condition or experience outweigh the discharge? No. The Board, after applying liberal consideration, concurred with the Board's Medical Advisor, and voted not to change the RE code because applicant already has an Honorable characterization of service by reason of Secretarial Authority and the applicant's PTSD does not outweigh the RE-3 for applicant's discharge. b. Response to Contention(s): The applicant contends being involved in an abusive relationship and being repeatedly raped by other soldiers while on base, which led to the applicant being diagnosed with PTSD, affecting the applicant's ability to function effectively in the military environment. The Board liberally considered this contention, but voted not to change the RE code because applicant already has an Honorable characterization of service by reason of Secretarial Authority and the applicant's PTSD does not outweigh the RE-3 for applicant's discharge. c. The Board determined 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 characterization of service due to it already being upgraded to Honorable. (2) The Board voted not to change the applicant's reason for discharge or accompanying SPD code and the reason the applicant was discharged has already been upgraded to Secretarial Authority. (3) The RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation and no change is warranted base on applicant's PTSD. 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 AR20210002862 1