1. Applicant's Name: a. Application Date: 7 October 2020 b. Date Received: 13 October 2020 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: a. Applicant's Requests and Issues: (1) The current characterization of service for the period under review is general (under honorable conditions). The applicant requests an upgrade to honorable. (2) The applicant seeks relief stating they want to refinance an existing Department of Veterans Affairs (VA) home loan. They feel they were wrongly discharged. When their unit was activated, they were released from their mobilization due to dental issues. They returned home and had no communication from their unit. They received a debt letter from the Department of the Treasury as they generated a debt with the Defense Finance and Accounting Service (DFAS) for missed drill assemblies. They never missed a drill throughout their career. (3) When they received a one-day Personnel Accountability Muster order, they found out their expiration of term of service (ETS) was changed when they were earlier mobilized, and it was never corrected. They later enlisted in the U.S. Army Reserve and their ETS date was corrected; however, they never knew they had to get a discharge upgrade to be able to refinance their VA home loan. b. Board Type and Decision: In a records review conducted on 08 December 2023, and by a 5-0 vote, the board determined that the characterization of service was inequitable based on the applicant's length and quality of service, and prior period of honorable service outweighing the accepted basis of separation - unsatisfactory participation. Accordingly, the board voted to grant relief in the form of an upgrade to the characterization of service to Honorable. 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Acts or Patterns of Misconduct / National Guard Regulation 600-200, Paragraph 8-27f / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 30 June 2006 c. Separation Facts: (1) Date of Notification of Intent to Separate: NIF (2) Basis for Separation: Unsatisfactory Participation (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: NIF 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 May 1999 / 8 years (Army National Guard (ARNG)) b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-5 / 42A2O, Human Resources Specialist / 7 years, 1 month, 11 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: ASR * ASR * the applicant's Army Military Human Resource Record reflects award of the ARCAM; however, the award is not reflected on the National Guard Bureau (NGB) Form 22 * (Note: the applicant was not awarded any personal decorations) g. Performance Ratings: NIF h. Disciplinary Action(s) / Evidentiary Record: (1) State of North Carolina Orders 051-263, dated 17 March 2005, ordered the applicant to active duty as a member of their Reserve Component Unit, with a reporting date of 6 April 2005, in support of Operation Iraqi Freedom. (2) A memorandum, Medical Operations Center, Camp Atterbury, subject: Medical Disposition of [Applicant], dated 13 April 2005, reflects the applicant has a temporary/permanent medical condition that prevents them from continuing the mobilization process. Therefore, they are to be released from active duty immediately, return to reserve component status, and return to their home. (3) Camp Atterbury Orders 103-003, dated 13 April 2005, released the applicant from active duty and reassigned them to their reserve component unit, effective 16 April 2005. (4) A memorandum, 725th Quartermaster Company, subject: Letter of Instructions - Unexcused Absence, dated 11 January 2006, notified the applicant of their absence without authority from scheduled unit training assembly or 7 January 2006 through 8 January 2006, for four periods. However, the certified letter to the applicant was returned by the United States Postal Service, reflecting the letter was unclaimed. (5) A memorandum, 725th Quartermaster Company, subject: Letter of Instructions - Unexcused Absence, dated 6 February 2006, notified the applicant of their absence without authority from scheduled unit training assembly or 4 February 2006 through 5 February 2006, for four periods. However, the certified letter to the applicant was returned by the United States Postal Service, reflecting the letter was unclaimed. (6) A memorandum, 725th Quartermaster Company, subject: Letter of Instructions - Unexcused Absence, dated 6 March 2006, notified the applicant of their absence without authority from scheduled unit training assembly or 4 March 2006 through 5 March 2006, for four periods. However, the certified letter to the applicant was returned by the United States Postal Service, reflecting the letter was attempted, not known. (7) A Request for Discharge of Unsatisfactory Participation, dated 1 May 2006, reflects the applicant's company commander's request to separate the applicant from the ARNG under the provisions of Army Regulation 135-91 (Unsatisfactory Participation). The applicant has been declared an Unsatisfactory Participant as a result of their accruing nine or more unexcused absences within a one-year period. Appropriate counseling action has been taken or attempted, and the applicant has been properly notified of his unexcused absences as evidenced by Letters of Instructions with return receipts or undelivered letters. (8) State of North Carolina Orders 163-813, dated 12 June 2006, reflects the applicant was discharged from the ARNG and assigned to the U.S. Army Control Group (Reinforcement), effective 30 June 2006. Their type of discharge is shown a General [Under Honorable Conditions]. (Note: the applicant's home of record is shown as the same as their three Letters of Instructions - Unexcused Absence, mailed to them from their company commander.) (9) A NGB Form 23A (ARNG Current Annual Statement), dated 22 June 2006, reflects the applicant's ARNG Mobilized Service from 6 April 2005 through 16 April 2005 (11 days) and their attendance of their unit assemblies during the periods 17 April 2005 through 19 May 2005 (earning four points) and 18 June 2005 through 19 June 2005 (earning four points). (Note: the applicant last attendance of their unit assembly was 19 June 2005.) (10) The applicant's NGB Form 22 (Report of Separation and Record of Service), reflects their separation effective 30 June 2006, and shows in - * item 4 (Date of Enlistment) - 20 May 1999 * item 5a (Rank) - Sergeant (SGT) * item 5b (Pay Grade) - E-5 * item 11 (Terminal Date of Reserve/Military Service Obligation) - 19 May 2007 * item 10a (Net Service This Period) - 7 years, 1 month, 11 days * item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded) - Army Service Ribbon * item 19 (Mailing Address After Separation) - [Note: the applicant's address is shown as the same as their three Letters of Instructions - Unexcused Absence, mailed to them from their company commander] * item 20 (Signature of Person being Separated) - SOLDIER NOT AVAILABLE FOR SIGNATURE * item 23 (Authority and Reason) - National Guard Regulation 600-200, paragraph 8-27f, Acts or Patterns of Misconduct * item 24 (Character of Service) - General (Under Honorable Conditions) * item 26 (Reenlistment Eligibility) - RE-3 i. Lost Time / Mode of Return: NIF j. Behavioral Health Condition(s): None 5. APPLICANT-PROVIDED EVIDENCE: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * Excerpt from military service record reflecting the applicant's service and their approved case files for separation * Department of The Treasury Letter, reflecting the applicant's Federal payment to a debt they owed to DFAS * DFAS Letter, reflecting the applicant's debt has been paid * VA Letter, notifying the applicant of the denial of their request for a Certificate of Eligibility for Loan Guaranty Benefits, as their National Guard character of service was General (Under Honorable Conditions) and is not eligible for Loan Guaranty Benefits 6. POST SERVICE ACCOMPLISHMENTS: the applicant enlisted in the U.S. Army Reserve and completed their term of enlistment of 3 years with an Honorable discharge. 7. STATUTORY, REGULATORY AND POLICY REFERENCE(S): a. Title 10, U.S. Code, Section 1553, (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 U.S. Code, Section 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 (DoD) 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; Title 10 U.S. Code; Section 1553, DoD Directive 1332.41, and DoD Instruction 1332.28. d. Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures), dated 1 March 2005, defined ARNG of the United States and U.S. Army Reserve service obligations. It prescribed policies and procedures governing the various types of service obligations and participation requirements. Chapter 4 (Absences) governed absences from Ready Reserve training. Unsatisfactory participation stated a Soldier is an unsatisfactory participant when nine or more unexcused absences from scheduled inactive duty training occur during a 1-year period. Paragraph 4-15 (Documentation of Unexcused Absences) stated a prescribed letter of instructions - unexcused absence will be delivered to the Solider, delivery will be either in person or by U.S. mail. When certified mail is used, a copy of the notice and either a post office receipt confirming delivery or the returned unopened envelope showing the notice was not delivered. Mail sent to the mailing address on file as provided by the Soldier, which is refused, unclaimed, or otherwise not delivered may not be used as defense against unexcused absences when notices were correctly addressed to the address on file provided by the Soldier. e. Army Regulation 135-178 (Enlisted Administrative Separations), dated 10 January 2005, set policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of ARNG of the United States and U.S. Army Reserve enlisted Soldiers for a variety of reasons. (1) An honorable characterization 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. When a Soldier is discharged before expiration of the service obligation for a reason for which an honorable characterization is discretionary, the following considerations apply, to include - (a) An honorable characterization may be awarded when disqualifying entries in the Soldier's military record are outweighed by subsequent honorable and faithful service over a greater period of time during the current term of service. (b) It is a pattern of behavior and not an isolated instance which should be considered the governing factor in determining the character of service. (c) Unless otherwise ineligible, a Soldier may receive an honorable characterization of service if he or she has, during his or her current enlistment, or any extension thereof, received a personal decoration. (2) A General discharge is if a Soldier's service has been honest and faithful, it is appropriate to characterize that service as under honorable conditions. Characterization of service as general (under honorable conditions) is warranted when significant negative aspect of the Soldier's conduct or performance of duty outweighs positive aspects of the Soldier's military record. (3) A Under Other Than Honorable Conditions Discharge, service may, but is not required to be characterized as under other than honorable conditions only when discharge is for misconduct, fraudulent entry, homosexual conduct, unsatisfactory participation, or security reasons. The Adjutant General will direct reduction in grade to private/E-1 when the Soldier is discharged under other than honorable conditions. (4) Paragraph 13-1 (Basis) stated, a Soldier is subject to discharge for unsatisfactory participation when it is determined that the Soldier is unqualified for further military service because: the Solider is an unsatisfactory participant as prescribed in Army Regulation 135-91, chapter 4; and attempts to have the Soldier respond or comply with orders or correspondence have resulted in the Soldier's refusal to comply with order or correspondence; or a notice sent by certified mail was refused, unclaimed, or otherwise undeliverable; or verification that the Soldier has failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed. (5) Paragraph 13-3 (Characterization of Service) stated characterization of service normally will be Under Other Than Honorable Conditions, but characterization as General (Under Honorable Conditions) may be warranted. For Soldiers who have completed entry level status, characterization of service as Honorable is not authorized unless the Soldier's record is otherwise so meritorious that any other characterization clearly would be inappropriate. In such cases, separation for unsatisfactory participation with an Honorable characterization will be approved by the separation authority. f. National Guard Regulation 600-200 (Enlisted Personnel Management), dated 17 July 1989, established standards, policies, and procedures for the management of ARNG enlisted Soldiers. Paragraph 8-27 (State ARNG Discharge) stated this paragraph lists reasons for discharge from the State. Soldiers will be notified of recommendations for involuntary discharges and afforded a reasonable opportunity to provide a written response for consideration by the separation authority. Unsatisfactory participations guidance is referred to Army Regulation 135-91, chapter 4 (Absences). Commanders may recommend retention of Soldiers who have accrued nine unexcused absences within one year period. Request with justification for retention will be submitted to the State Adjutant General. The request will include verification that the notification requirements have been accomplished. g. 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 "JKQ" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 14, paragraph 14-12c, misconduct (serious offense). h. 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 ARNG 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: (1) 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. (2) 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. (3) RE-4 Applies to: Person separated from last period of service with a nonwaiverable disqualification. This includes anyone with a DA imposed bar to reenlistment in effect at time of separation or separated for any reason (except length of service retirement) with 18 or more years active Federal service. Eligibility: Ineligible for enlistment. 8. SUMMARY OF FACT(S): a. The Army Discharge Review Board considers applications for upgrade as instructed by DOD Instruction 1332.28. b. A review of the available evidence provides the applicant was declared an Unsatisfactory Participant as a result of accruing nine or more unexcused absences within a 1-year period. Appropriate counseling action was taken or attempted, and the applicant was properly notified of their unexcused absences. They completed 7 years, 1 month, and 11 days net active service this period; however, they did not complete enlistment contractual obligation of 8 years. c. Army Regulation 135-178, chapter 13 establishes policy and prescribes procedures for separation members for unsatisfactory participation. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter. However, the separation authority may direct a general discharge if such is merited by the Soldier's overall record. d. Published Department of Defense guidance indicates that the guidance is not intended to interfere or impede on the Board's statutory independence. The Board will determine the relative weight of the action that led to the discharge and whether it supports relief or not. In reaching its determination, the Board shall consider the applicant's petition, available records and/or submitted documents in support of the petition. 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? No. The Board's Medical Advisor reviewed DoD and VA medical records and found no mitigating behavioral health diagnoses on the applicant. The applicant provided no documents or testimony of a condition or experience, that, when applying liberal consideration, could have excused, or mitigated a discharge. (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 requests an upgrade to honorable. The board considered all available evidence and the totality of the applicant's service record (length, quality of service, and prior period of honorable service) and determined that the applicant's discharge is inequitable. Therefore, a discharge upgrade is warranted, and the prior characterization is no longer appropriate. (2) The applicant contends they want to refinance an existing Department of Veterans Affairs (VA) home loan. The board determined that eligibility for Veteran's benefits, to include educational benefits under the post-9/11 or Montgomery GI Bill, healthcare, or VA loans, do not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. (3) The applicant contends they feel they were wrongly discharged as they never missed a drill throughout their career. The Board considered this contention and determined that the applicant's discharge was inequitable as outlined above in 9b (1). c. The Board determined that the characterization of service was inequitable based on the totality of the applicant's service record (length, quality of service, and prior period of honorable service). Accordingly, the board voted to grant relief in the form of an upgrade of the characterization of service to honorable. 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. d. Rationale for Decision: (1) The board voted to change the applicant's characterization of service to honorable because the applicant's service record (length, quality of service, and prior period of honorable service) outweigh the accepted of separation - unsatisfactory participation. Thus, the prior characterization is no longer appropriate. (2) As there were no Reasons/SPD Codes/RE-codes listed on the applicant's discharge paperwork, due to being in the Army Reserves, no upgrade actions are required for these items. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Separation Order: Yes b. Change Characterization to: Honorable c. 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 AR20210005941 1