1. Applicant’s Name: a. Application Date: 10 November 2020 b. Date Received: 16 November 2020 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 General (Under Honorable Conditions) and to change their separation code. b. The applicant seeks relief contending, the Jasper County Veterans Affairs (VA) office has had their file for over 5 years; however, their discharge has not been addressed. They are enclosing information which will assist in the decision for the change to occur. c. Board Type and Decision: In a records review conducted on 5 January 2024, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 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: 9 April 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 28 March 2003 (2) Basis for Separation: Lack of motivation, adjustment disorder, and for failing to adapt to the military environment. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 28 March 2003, the applicant waived their right to consult with legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 28 March 2003 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 February 2003 / 4 years b. Age at Enlistment / Education / GT Score: 29 / High School Diploma / 94 c. Highest Grade Achieved / MOS / Total Service: E-2 / None / 2 months and 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: (1) On 27 September 2002, the applicant enlisted in the United States Army Reserve’s Delayed Entry Program; on 4 February 2003, they enlisted in the Regular Army for 4 years as a PV2. (2) On 14 February 2003, the applicant received three counseling forms from their Drill Sergeant (DS), on their initial counseling informing them of the requirements and expectations for training; on fraudulent enlistment, appointment of separations, false official statements, and malingering; on discussion of company’s sick call procedures; the applicant agreed to all of them and did not submit a statement on their behalf. (3) Four Fort Jackson, SC Sick Slips provide on 19 February 2003, the applicant went to sick call for pain in their left arm and elbow; they were instructed to apply ice twice a day and refrain from push-ups, throwing, swinging, dangling, climbing, and lifting/carrying no more than 10 pounds; they returned to duty with a prescription; valid through 0500 hours on 21 February 2003. (a) On 20 February 2003, the applicant was counseled by their DS on their profile status and how it may affect their training requirements; they agreed with the counseling and did not submit a statement on their behalf. (b) On 21 February 2003, the applicant went to sick call for pain and swelling in their left arm; they were instructed to apply ice once or twice a day and refrain from pushups; valid through 0500 hours on 25 February 2003. (c) On 10 March 2003, the applicant went to sick call for pain sinusitis and short of breath; they were instructed not to run; valid through 0500 hours on 13 March 2003. (d) On 15 March 2003, the applicant went to sick call for chest pains, shortness of breath, and psychiatric concerns; they were instructed not to run, march, sit up, push up, jump, throw, swing, crawl, dangle, stoop, climb, bend, twist, K.P. or squat/kneel; valid through 0500 on 26 March 2003. The Provider noted in the remarks “to Center for Mental Health Services (CMHS) ASAP for Bipolar Diagnosis; no weapon handling.” (4) On 24 March 2003, in a self-authored statement, the applicant provides they feel very lonely, even though they were surrounded by a lot of people (Soldiers). All they do is cry and want to be alone. They were trying to think positive but their mind is really cloudy. They cannot concentrate or have the energy or interest to continue. They feel guilty for coming there wasting time and they are sorry. The applicant requested to get help due to feeling more and more depressed. The Soldier’s Questionnaire provides the following: (a) Question 1 asked whether or not the applicant agreed with separation and the applicant indicated “agree” because it was hard for them to cope, understand, and comprehend the basic things right then which was not working. They state, while writing their statement, it was hard for them to concentrate. (b) Question 2 asked if they had no medical disabilities, would they have remained in the Army, and the applicant answered yes, stating the disability they have is very confusing and keeps them on an emotional ride. (c) Question 3 asked if they recovered from their disability between the next 6 months to 2 years, would they consider returning to the Army, and the applicant answered yes, they wanted to do this but the situation they have is very emotional, they cannot concentrate, and they are unable to put things into words. (d) Question 4 asked what positive/negative aspects did the applicant learn about themselves or the military while being stationed at Fort Jackson, and the applicant answered the military is not a bad experience; it helped them by making them feel strong willed and helping them to stay fit. (5) On 25 and 26 March 2003, the company commander counseled the applicant due to their recommendation for involuntary elimination, based on the recommendation from the doctors at the CMHS, and the conversation with the applicant, concerning their lack of motivation and trouble concentrating, along with their profile limiting their training. The applicant agreed with both and did not submit statements on their behalf. (6) On 28 March 2003, the company commander-initiated action to separate the applicant under the provisions of AR 635-200, Chapter 11, Entry-Level Status Performance and Conduct. The applicant acknowledged receipt of the separation notice, elected to waive their right to legal counsel, and submitted a statement on their behalf. The same day, the appropriate authority approved the separation and directed the applicant be discharged with an Uncharacterized characterization of service; on 4 April 2003, their separation orders were issued. (7) A DD Form 214 (Certificate of Release or Discharge from Active Duty) reflects the applicant was discharged accordingly on 9 April 2003, with 194 days of net service, characterized as Uncharacterized. The applicant has not completed their first full term of service. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: The applicant indicated “PTSD” and “OBH” on their application; however, no additional documentation was provided. (2) AMHRR Listed: On 19 March 2003, a Report of Mental Status Evaluation provides the applicant self-referred to Moncrief Army Health Clinic, SC, and was diagnosed with Adjustment Disorder with Depressed Mood; The Provider’s notes indicate the applicant reports mood swings with trouble coping since age 17 after their grandmother died. They have not sought mental health treatment until 2002 and was only in treatment briefly. Their condition does not meet the criteria for an MEB, Chapter 2 type discharge from the Army. Currently, the applicant reports feeling depressed, tearful, and unmotivated after a good start in Boot Camp Training (BCT). They report poor attention with problems sleeping, eating, and headaches. The applicant has poor retention potential in the Army due to their poor coping skills and loss of motivation; recommended a Chapter 11 discharge; additionally, recommended the applicant be pulled from training during their discharge process. No further intervention appears warranted at this time. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge); Four Fort Jackson Sick Slips dated 19 and 21 February, 10 and 15 March 2003; Self-Referral for a Mental Health Evaluation; Self-Authored Statement; Incomplete Proposed Separation Memorandum, dated 28 March 2003 6. POST SERVICE ACCOMPLISHMENTS: None submitted with this 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), dated 25 September 2019, 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) 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. (2) 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. (3) An Under other-than-honorable-conditions discharge is an administrative separation from the Service under conditions other than honorable and it may be issued for misconduct, fraudulent entry, security reasons, or in lieu of trial by court martial based on certain circumstances or patterns of behavior or acts or omissions that constitute a significant departure from the conduct expected of Soldiers in the Army. (4) Chapter 11 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status (ELS). 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. Service will be described as uncharacterized under the provisions of this chapter. Entry-level status for RA Soldiers is the first 180 days of continuous AD following a break of more than 92 days of active military service. (5) Chapter 15 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 memoranda. Secretarial separation authority is normally exercised on a case-by-case basis. 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: (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): The Army Discharge Review Board considers applications for upgrade as instructed by Department of Defense Instruction 1332.28. a. The applicant requests an upgrade to General (Under Honorable Conditions). The applicant’s Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. b. A review of the available evidence provides the applicant was in the Delayed Entry Program for 128 days before enlisting in the RA for 4 years as a PV2. The applicant was in an entry level status (ELS) at Fort Jackson for a total of 66 days of continuous active-duty service. The record provides two sick slips for February 2003 for pain the left arm and elbow; two sick slips for March 2003 for sinusitis, shortness of breath, chest pains, and psychiatric; they were referred to CMHS for Bipolar diagnosis and recommended no weapon handling. (1) A mental health status examination was conducted four days after the applicant self- referred to CMHS and was diagnosed with adjustment disorder with Depressed Mood; The Provider’s notes indicate the applicant reports mood swings with trouble coping since age 17 after their grandmother died; they sought mental health treatment in 2002 and was only in treatment briefly. Their condition does not meet the criteria for an MEB, Chapter 2 type discharge from the Army. Currently, the applicant reports feeling depressed, tearful, and unmotivated after a good start in Boot Camp Training (BCT). They report poor attention with problems sleeping, eating, and headaches. The applicant has poor retention potential in the Army due to their poor coping skills and loss of motivation; recommended a Chapter 11 discharge; additionally, recommended the applicant be pulled from training during their discharge process. (2) The applicant waived their right to legal consultation. (3) Including DEP time, their total service is 194 days, in which 66 days was continuous active duty. c. Chapter 11 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status (ELS). 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. Service will be described as uncharacterized under the provisions of this chapter. Entry-level status for RA Soldiers is the first 180 days of continuous AD following a break of more than 92 days of active military service. d. Chapter 14 establishes policy and prescribes procedures for separation members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense and convictions by civil authorities. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. 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. 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. Applicant was diagnosed with the following BH conditions: Adjustment DO with depressed mood; EPTS Bipolar DO. Neither condition "mitigates" her discharge given that she did not receive a punitive discharge but, rather, an Uncharacterized discharge. (2) Did the condition exist or experience occur during military service? No. The Board's Medical Advisor found Adjustment DO with depressed mood was diagnosed during service. Bipolar DO diagnosis existed prior to service. (3) Does the condition or experience actually excuse or mitigate the discharge? N/A. The Board's Medical Advisor applied liberal consideration and opined that the applicant’s Uncharacterized, Chapter 11 separation from the Army was proper and equitable. Applicant reported having an EPTS history of Bipolar Disorder which became symptomatic during BCT, resulting in a Chapter 11 separation. (Note-Adjustment DO with depressed mood is subsumed under Bipolar DO diagnosis). (4) Does the condition or experience outweigh the discharge? N/A. Based on liberally considering all the evidence before the Board, the ADRB determined that the condition or experience did not outweigh the basis of separation. Her discharge was not a punitive discharge but, rather, an Uncharacterized discharge. b. Response to Contention: The applicant contends PTSD and OBH; however, documentation was not provided with their application. 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. Since the applicant was discharged for lack of motivation, adjustment disorder, and failing to adapt to the military environment while in initial training, Uncharacterized is proper and equitable. The Board considered the applicant's statement, record of service, the frequency and nature of misconduct, and the reason for separation. The Board found insufficient evidence of in-service mitigating factors and concurred with the conclusion of the medical advising official that the applicant does not have a BH condition that mitigates the applicant's misconduct of failing to adapt to the military environment. Based on a preponderance of evidence, the Board determined the reason for the applicant's separation and the character of service the applicant received upon separation were proper and equitable. (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 AR20210008125 1