1. Applicant's Name: a. Application Date: 20 September 2021 b. Date Received: 20 September 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 under other than honorable conditions. The applicant requests an upgrade to honorable. The applicant seeks relief contending, in effect, because of the applicant's homosexual preference, the applicant was ostracized on the days the applicant made it to drill. The applicant was told all the time that the applicant was not wanted there. During service the applicant became homeless and had no family that could help. This led the applicant to sleep on the streets. The applicant brought this issue to the chain of command. The unit took the applicant to a homeless shelter for a day and soon after the applicant was told because of being homeless and never being deployed the unit could not do anything but to submit a chapter. The applicant felt the unit took advantage of the living situation and used it as a tool to get rid of the "queer soldier." The applicant moved on, paid military debts in full, has a place to live, and would like to apply to the police academy. Changing the applicant's discharge would help the applicant feel completely justified and would allow for continued personal growth. b. Board Type and Decision: In a records review conducted on 30 June 2023, and by a 3-2 vote, the Board determined that the characterization of service was too harsh based on the applicant's period of homelessness, as well as the length and quality of the applicant's service, mitigating the basis for separation - failure to attend at least nine Army Reserve training assemblies within a one-year span and failure to provide a valid excuse for the absences. As a result, it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to General, Under Honorable Conditions. The Board determined the authority for separation is proper and equitable and voted not to change it. 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: Unsatisfactory Participation / AR 135- 178, Chapter 13 / NA / NA / Under Other Than Honorable Conditions b. Date of Discharge: 20 December 2012 c. Separation Facts: (1) Date of Notification of Intent to Separate: 29 June 2012 per hand delivery by the unit administrative technician. (2) Basis for Separation: The applicant was informed of the following reasons: The applicant failed to attend at least nine Army Reserve training assemblies within a one-year span and failed to provide a valid excuse for the absences. On 29 June 2012, the unit administrative technician personally hand delivered the notification of separation proceedings to the applicant at the last known address wherein the applicant signed for. Commander's Report, dated 10 July 2012, reflects the applicant failed to satisfactorily attend scheduled training assemblies with the unit. The applicant provided no valid reason for the absence from training assemblies, indicating it was not feasible or appropriate to accomplish other disposition of this case. The applicant provided no response to the memorandum of notification. The commander did not feel the applicant had the potential to perform useful service if ordered to active duty to meet mobilization requirements. (3) Recommended Characterization: Under Other Than Honorable Conditions (4) Legal Consultation Date: The applicant failed to respond to the notification of separation, thereby waiving right to counsel. (5) Administrative Separation Board: The applicant failed to respond to the notification of separation, thereby waiving right to an administrative separation board. (6) Separation Decision Date / Characterization: 3 December 2012 / Under Other Than Honorable Conditions 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 October 2008 / 8 years b. Age at Enlistment / Education / GT Score: 19 / 1st year of College / NIF c. Highest Grade Achieved / MOS / Total Service: E-4 / 74D10, Chemical Operations Specialist / 4 years, 1 month, 23 days d. Prior Service / Characterizations: NA e. Overseas Service / Combat Service: None f. Awards and Decorations: The applicant did not provide and the applicant's Army Military Human Resources Record (AMHRR) does not reflect an award. g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Commander's Report as described in previous paragraph 3c. Letter of Instructions - Unexcused Absence, dated 7 November 2012, reflects the applicant was absent from multiple unit training assemblies (MUTA) for the following periods: 5 November 2012 (MUTA 1 and 2) 6 November 2012 (MUTA 1 and 2) Affidavit of Service by Mail, reflects the Letter of Instructions, dated 7 November 2012, was mailed to the applicant via certified mail on 16 November 2012. Letter of Instructions - Unexcused Absence, dated 17 April 2012, reflects the applicant was absent from MUTA for the following periods: 13 April 2012 (MUTA 1 and 2) 14 April 2012 (MUTA 1 and 2) Affidavit of Service by Mail, reflects the Letter of Instructions, dated 17 April 2012, was mailed to the applicant via certified mail on 9 May 2012. Letter of Instructions - Unexcused Absence, dated 13 June 2012, reflects the applicant was absent from MUTA for the following periods. By this time the applicant accrued 28 unexcused absences within a 1 year period. 9 June 2012 (MUTA 1 and 2) 10 June 2012 (MUTA 1 and 2) Affidavit of Service by Mail, reflects the Letter of Instructions, dated 13 June 2012, was mailed to the applicant via certified mail on 15 June 2012. Developmental Counseling Form, dated 29 June 2012, reflects the applicant was counseled for signing for a notification of separation from the Army Reserve for unsatisfactory participation under Army Regulation (AR) 135-178, chapter 13 and AR 135-91, paragraph 4-16. Part II (Background Information) of this form incorrectly reflects another Soldier's name instead of the applicant's name, however the applicant signed this form on 29 June 2012. Orders 12-350-00004, dated 15 December 2012, reflects the applicant was reduced from specialist to private effective 15 December 2012. The applicant was discharged from the United States Army Reserve with an Under Other Than Honorable Conditions discharge effective 20 December 2012. i. Lost Time / Mode of Return: NIF j. Behavioral Health Condition(s): (1) Applicant provided: None (2) AMHRR Listed: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 6. POST SERVICE ACCOMPLISHMENTS: The applicant paid military debts in full and has a place to live. 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 135-178 sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities. (1) Paragraph 2-7, prescribes possible characterizations of service include an honorable, general (under honorable conditions), under other than honorable conditions, or uncharacterized if the Soldier is in entry-level status. However, the permissible range of characterization varies based on the reason for separation. (2) Paragraph 2-8, prescribes the characterization is based upon the quality of the Soldier's service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army regulations, and the time-honored customs and traditions of the Army. The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. 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 AMHRR, the issues, and documents submitted with the application were carefully reviewed. The applicant contends, in effect, because of the applicant's homosexual preference, the unit ostracized the applicant on the days the applicant made it to drill and was told all the time that the applicant was not wanted at the unit. The applicant did not submit any evidence, other than the applicant's statement, to support the contention of being ostracized and not wanted by the unit. The AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. The applicant contends, in effect, the unit chaptered the applicant from the Army due to being homeless during service, never deploying, and being a "queer soldier." The applicant did not submit any evidence, other than the applicant's statement, to support the contention of being homeless during service. The evidence of record shows the command attempted to assist the applicant in performing and conducting to Army standards by providing letters of instruction. The applicant contends, in effect, change to the applicant's discharge would help the applicant feel completely justified, would allow for continued personal growth, and a possible job with the police academy. 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? No. The Board's Medical Advisor reviewed DoD and VA medical records and found no mitigating BH 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 contends, in effect, because of the applicant's homosexual preference, the unit ostracized the applicant on the days the applicant made it to drill and was told all the time that the applicant was not wanted at the unit. The Board considered this contention and determined there was insufficient evidence contained in the record or provided by the applicant to corroborate the applicant's assertion. As such, the Board found that the assertion does not outweigh the applicant's basis for separation - failure to attend at least nine Army Reserve training assemblies within a one-year span and failure to provide a valid excuse for the absences. (2) The applicant contends, in effect, the unit chaptered the applicant from the Army due to being homeless during service, never deploying, and being a queer soldier. The Board considered this contention and determined there was insufficient evidence contained in the record or provided by the applicant to corroborate the applicant's assertion. However, the Board determined that an upgrade of the characterization of service was warranted due to the current the characterization of service being too harsh based on the applicant's period of homelessness, as well as the length and quality of the applicant's service, mitigating the basis for separation. (3) The applicant contends, in effect, a change to the applicant's discharge would help the applicant feel completely justified, would allow for continued personal growth, and a possible job with the police academy. The Board considered this contention but does not grant relief to gain employment or enhance employment opportunities. c. The Board determined that the characterization of service was too harsh based on the applicant's period of homelessness, as well as the length and quality of the applicant's service, mitigating the basis for separation - failure to attend at least nine Army Reserve training assemblies within a one-year span and failure to provide a valid excuse for the absences. As a result, it is inequitable, warranting a partial upgrade. However, the applicant may request a personal appearance hearing to address further 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 to change the applicant's characterization of service to General, Under Honorable Conditions because the applicant's period of homelessness, as well as the length and quality of the applicant's service, mitigating the basis for separation - failure to attend at least nine Army Reserve training assemblies within a one-year span and failure to provide a valid excuse for the absences. Thus, the prior characterization is no longer appropriate. The Board considered the totality of the record, to include the applicant's contentions of impropriety and inequity, but found an upgrade to Honorable not supported by the evidence of record. The Honorable characterization is appropriate when the quality of the Soldier's service generally has met the standards of accept conduct and performance of duty or is otherwise meritorious that any other characterization would be clearly inappropriate. The Board found that the applicant's service, given the overall nature of the misconduct, was not sufficiently meritorious to warrant an honorable discharge. (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: Yes b. Change Characterization to: General, Under Honorable Conditions 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 AR20210015003 1