1. Applicant's Name: a. Application Date: 7 August 2022 b. Date Received: 7 August 2022 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 and a reentry code change. The applicant seeks relief contending, in effect, having been in contact with an Army Recruiter for reentry into the Army, the current discharge with an uncharacterized service and reentry code of "3," requires a wavier for rejoining. While working with the recruiter, the applicant was required to provide medical records of prior service. The medical records obtained from Reynolds Army Health Clinic show the discharge was because of medical reasons which prohibited the physical fitness requirements for IET. The applicant was discharged for multiple Army Physical Fitness Test failures, but the failures were the result of the injuries sustained in IET. Instead of being discharged with a reentry code of "3," the medical injuries should have been considered, and the reentry should have been "1." The applicant's life-long dream is serving the country honorably through military service. While the applicant had no urge to correct the military records because of the emotional stress and disappointment the applicant felt from not successfully completing the IET, but with the spouse's support, the applicant is motivated to correct the military records to fulfill the life-long dream of serving. The discharge resulted from all the injuries sustained while in IET, when the applicant was so overwhelmed in attempting to successfully pass the Army Physical Fitness Test during IET, although being injured. b. Board Type and Decision: In a telephonic personal appearance hearing conducted on 15 May 2023, and by a 5-0 vote, the Board determined that the reentry code was inequitable based on the applicant suffering an injury during IET and taking repeated APFTs in a short period of time while injured and recovering from injury contributed to applicant's inability to pass the APFT. Accordingly, the Board voted to grant relief in the form of a change to the RE-code to RE-1. The Board determined the characterization of service and the narrative reason/SPD code were proper and equitable and voted not to change them. Please see Section 9 (10 for PA) 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: Entry Level Performance and Conduct / AR 635-200, Chapter 11 / LGA / RE-3 / Uncharacterized b. Date of Discharge: 16 January 2016 c. Separation Facts: (1) Date of Notification of Intent to Separate: 7 January 2016 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was injured during BCT at week 3. Because of not passing the APFT Test, the applicant was recycled to Delta Battery as a PT Failure holdover. The applicant was diagnosed with shin splints after a bone scan came back positive. The applicant did not want to continue training, and refused WTRP, and further stated, of just wanting to go home and further the education. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 7 January 2016, the applicant waived legal counsel. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 January 2016 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 20 July 2015 / 6 years b. Age at Enlistment / Education / GT Score: 18 / High School Graduate / 94 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 7 months, 20 days d. Prior Service / Characterizations: USAR, 27 May 2015 - 19 July 2015 / NA e. Overseas Service / Combat Service: None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Six Developmental Counseling Forms for failure to meet the minimum requirements to pass the fitness test. Army Physical Fitness Test Scorecards reflect the applicant failed record APFTs on 19 August 2015, 21 September 2015, 25 September 2015, 28 September 2015, 5 October 2015, 8 October 2015, and 19 October 2015. DD FORM 689, Individual Sick Slip, dated 23 November 2015, reflects applicant refused WTRP and cleared for administrative separation. Declination of Military Medical Examination in Conjunction with Administrative Separation Under AR 635-200, dated 30 November 2015, applicant acknowledged that applicant was afforded an opportunity to undergo a complete military medical evaluation in conjunction with administrative separation. Applicant decided not to undergo a new medical examination in conjunction with this separation action. Applicant understood that exiting the military with undiagnosed or undocumented medical conditions may limit applicant's eligibility to receive government sponsored medical care, treatment, or compensation in the future for these conditions. DD FORM 689, Individual Sick Slip, dated 3 December 2015, reflects applicant cleared for administrative separation. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: None (2) AMHRR Listed: None 5. APPLICANT-PROVIDED EVIDENCE: Online application with signature page; marriage license; medical records; and case separation packet. 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) Paragraph 3-7b states 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. (4) 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. (5) Chapter 11 provides for the separation of personnel due to unsatisfactory performance, conduct, or both, while in an entry level status (ELS). (6) Paragraph 11-3a (2) stipulates 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. (See the glossary for precise definition of entry-level status.) (7) Paragraph 11-8 stipulates service will be described as uncharacterized under the provisions of this chapter. (8) Glossary defines 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. For ARNGUS and USAR Soldiers, entry-level status begins upon enlistment in the ARNG or USAR. For Soldiers ordered to IADT for one continuous period, it terminates 180 days after beginning training. For Soldiers ordered to IADT for the split or alternate training option, it terminates 90 days after beginning Phase II advanced individual training (AIT). (Soldiers completing Phase I BT or basic combat training remain in entry-level status until 90 days after beginning Phase II.) 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: 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 requests an upgrade to honorable and a reentry code change. The applicant's Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. An honorable discharge (HD) may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. An HD is rarely ever granted. The applicant contends separation under Entry Level Status (ELS) was not appropriate and should have received an honorable discharge. Army Regulation 635-200 states a separation will be described as entry-level with service uncharacterized if, at the time separation action is initiated, the Soldier has less than 180 days of continuous active duty service. The evidence of the Army Military Human Resource Record (AMHRR) reflects the applicant was notified on 7 January 2016 of the intent to initiate separation proceedings from the Army. At the time of the notification, the applicant had 172 days of continuous active duty service. Based on the time in service, the applicant was not in an ELS status, and the uncharacterized discharge was appropriate. The applicant requests a reentry eligibility (RE) code change and desires to rejoin the Military Service. Soldiers processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 601-201, the applicant was appropriately assigned an RE code of "3." There is no basis upon which to grant a change to the reason or the RE code. An RE Code of "3" indicates the applicant requires a waiver before being allowed to reenlist. Recruiters can best advise a former service member as to the Army's needs at the time and are required to process waivers of reentry eligibility (RE) codes if appropriate. The applicant contends the discharge was for multiple Army Physical Fitness Test failures, but the failures were the result of the injuries sustained in IET, and instead of being discharged with a reentry code of "3," the medical injuries should have been considered, and the reentry should have been "1." The applicant's AMHRR does not contain any indication or evidence of arbitrary or capricious actions by the command. 9. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): Applicant and character witness provided oral argument and statements in support of the contentions provided in written submissions and in support of previously submitted documentary evidence. b. The applicant presented the following additional contention(s): None. c. Counsel / Witness(es) / Observer(s): 10. 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 separation under Entry Level Status (ELS) was not appropriate and should have received an honorable discharge. The Board considered this contention and determined the applicant was discharged prior to serving 180 days of service, thus, the applicant was discharged with an uncharacterized discharge. (2) The applicant contends the discharge was for multiple Army Physical Fitness Test failures, but the failures were the result of the injuries sustained in IET, and instead of being discharged with a reentry code (RE) of "3," the medical injuries should have been considered, and the RE should have been "1." The applicant requests a reentry eligibility code change and desires to rejoin the Military Service. The Board considered this contention and determined this contention is valid and voted to change the RE code to 1. c. The Board determined that the reentry code was inequitable based on the applicant suffering an injury during IET and taking repeated APFTs in a short period of time while injured and recovering from injury contributed to applicant's inability to pass the APFT. Accordingly, the Board voted to grant relief in the form of a change to the RE-code to RE-1. The Board determined the characterization of service, and the narrative reason/SPD code were proper and equitable and voted not to change them. 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 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 failing numerous APFTs in IET, Uncharacterized 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 Board voted to change the RE code to RE-1. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Separation Order: Yes b. Change Characterization to: No Change c. Change Reason / SPD code to: No Change d. Change RE Code to: RE-1 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 AR20220009632 1