1. Applicant's Name: a. Application Date: 23 February 2023 b. Date Received: 27 February 2023 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. The applicant seeks relief contending, in effect, joining the military was a lifelong dream for the applicant. The applicant has an uncle who served during the Vietnam War and a cousin who is in the Special Forces. The applicant followed in their footsteps. The applicant dropped out of high school but obtained the General Educational Diploma (GED) and attended a semester in college to enlist. The applicant grew up in Harlem in an infested neighborhood and was the child of a drug dealing parent. The applicant viewed the Army as the applicant's way of making something out of oneself. The applicant never used drugs or alcohol, and the applicant had the support of the applicant's family. The applicant had a tremendous recruiter who helped the applicant get in shape despite not being able to enlist because the applicant had a tattoo on the back of the applicant's ear, which was against Army uniform standards. The recruiter referred the applicant to another staff sergeant in New York City (NYC), who helped the applicant find a recruiter in New Jersey who was able to enlist the applicant despite having the tattoos. Unfortunately, the NYC recruiter's help had a cost. The recruiter raped the applicant and consistently threatened the applicant with blocking the applicant's enlistment. The recruiter told the applicant nobody would ever take the applicant's word against the recruiter's word because of the recruiter's rank, and the applicant was just a nobody "trying to make it out of the hood." When the recruiter found the next victim, the recruiter "pushed" the applicant's paperwork to the recruiter in New Jersey. Only then was the applicant able to enlist in the Army with the tattoos. The applicant was diagnosed with post-traumatic stress disorder (PTSD) while in basic training because the applicant was triggered every time the applicant was alone with a drill sergeant or was singled out by a drill sergeant. The applicant did everything the applicant could at basic training to push forward, but because of the severity of the applicant's PTSD, the applicant could not continue and was eventually discharged from the Army. The applicant requests an upgrade to qualify for Department of Veterans Affairs (VA) benefits and be able to provide a better life for the applicant's children. b. Board Type and Decision: In a telephonic personal appearance hearing conducted on 16 October 2023, and by a 5-0 vote, the Board determined the discharge is inequitable based on the circumstances surrounding the discharge (Post-Traumatic Stress Disorder related to Military Sexual Trauma). Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635- 200, Chapter 15, and the narrative reason for separation to Secretarial Authority. The Board determined the RE code was proper and equitable and voted not to change it. Please see Section 10 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: Failed Medical/Physical/Procurement Standards / AR 635-200, Paragraph 5-11 / JFW / RE-3 / Uncharacterized b. Date of Discharge: 15 August 2011 c. Separation Facts: (1) Date Entrance Physical Standards Board (EPSBD) convened: 25 July 2011 (2) EPSBD Findings: The findings of the evaluating physicians indicate the applicant was medically unfit for appointment or enlistment in accordance with current medical fitness standards and in the opinion of the evaluating physicians the condition existed prior to service. The applicant was diagnosed with: Depression, undisclosed. The applicant was seen with a history of outpatient counseling in approximately 2002 for about one year because of post-traumatic stress disorder after being raped. (3) Date Applicant Reviewed and Concurred with the Findings, and Requested Discharge without Delay: 4 August 2011 (4) Separation Decision Date / Characterization: 4 August 2011 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 5 July 2011 / 3 years, 23 weeks b. Age at Enlistment / Education / GT Score: 20 / GED / 103 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 1 month, 11 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: EPSBD findings as described in previous paragraph 3c. i. Lost Time / Mode of Return: None j. Behavioral Health Condition(s): (1) Applicant provided: None (2) AMHRR Listed: EPSBD findings as described in previous paragraph 3c. New York-Presbyterian Army Community Hospital Notes Review Report, 18 July 2011, reflects the applicant was admitted on 26 June 2009, with a diagnosis of major depressive disorder, recurrent severe without psychotic features and alcohol and marijuana abuse. The applicant was brought to the Emergency Room by the applicant's parent because of intoxication. The applicant had a history of suicidal ideations. The applicant made several admissions and reported being raped by a 15-year-old at the age of 9. The applicant was diagnosed with major depressive disorder, recurrent, severe without psychotic features; alcohol abuse; cannabis abuse; problems with primary support group; and global assessment of function (GAF) 11-20, with some danger of hurting self or others. On 2 July 2009, the applicant was discharged. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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 3-9, states a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is in entry-level status. (4) Chapter 5, provides for the basic separation of enlisted personnel for the convenience of the government. (5) Paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, general (under honorable conditions), or an uncharacterized description of service if in entry-level status. (6) Paragraph 5-10 (previously paragraph 5-11), specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty or active duty training or initial entry training will be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldier's initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of AR 40-501, Chapter 3. (7) 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. (8) Glossary prescribes 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. e. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes), in effect at the time, provided the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JFW" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5-11, Failed Medical/ Physical/ Procurement Standards. 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. The applicant's Army Military Human Resources Record (AMHRR), the issues, and documents submitted with the application were carefully reviewed. The proceedings of the EPSBD revealed the applicant had a medical condition, which was disqualifying for enlistment and existed prior to entry on active duty. These findings were approved by competent medical authority and the applicant agreed with the findings and proposed action for administrative separation from the Army. The applicant contends, in effect, suffering from PTSD because of military sexual trauma (MST), which affected behavior and ultimately led to the discharge. The applicant did not provide any evidence to support the contention the applicant suffered from military sexual trauma, other than the applicant's statement. The applicant's AMHRR contains an entrance physical standards board (EPSBD) proceedings convened on 25 July 2011, which indicates the applicant had a history of outpatient counseling in approximately 2002 for about one year because of post-traumatic stress disorder after being raped. The applicant was diagnosed with depression, which existed prior to service. Civilian medical records reflect the applicant was hospitalized in 2009, because of intoxication and was diagnosed with depression disorder, NOS; alcohol abuse; and cannabis abuse. The applicant contends, in effect, an upgrade of the discharge would allow veterans benefits. Eligibility for veteran's benefits does 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. 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): The applicant submitted the following additional document(s): On 10 March 2022, 2 days post hearing, applicant / applicant's counsel provided: a 15-page "Supplemental Memorandum in Support of Applicant's Request for Review by U.S. Army Discharge Review Board," a 5-page request for upgrade dated July 2017 and a 1-page character statement from the applicant's brother, SSG J U - that was/were added to the case file and considered by the Board. b. The applicant presented the following additional contention(s): Applicant and character witness(es) provided oral argument and statements in support of the contentions provided in written submissions and in support of previously submitted documentary evidence. c. Counsel / Witness(es) / Observer(s): N/A 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? Yes. The Board's Medical Advisor, a voting member, reviewed the applicant's DOD and VA health records, applicant's statement, and/or civilian provider documentation and found that the applicant has the following potentially-mitigating diagnoses/experiences: the applicant was diagnosed in-service with Depression with pre-enlistment diagnoses of Major Depressive Disorder (MDD), Depressive Disorder Not Otherwise Specified, and Post Traumatic Stress Disorder. She reports a Military Sexual Trauma. (2) Did the condition exist or experience occur during military service? Yes. The applicant was diagnosed in-service with Depression with pre-enlistment diagnoses of Major Depressive Disorder (MDD), Depressive Disorder Not Otherwise Specified, and Post-Traumatic Stress Disorder. The applicant reports a Military Sexual Trauma. (3) Does the condition or experience actually excuse or mitigate the discharge? Yes. The Board's Medical Advisor applied liberal consideration and opined that based on the applicant's Military Sexual Trauma and likelihood the symptoms resulting in her separation were related to the Military Sexual Trauma, an upgrade is warranted. (4) Does the condition or experience outweigh the discharge? Yes. After applying liberal consideration to the evidence, including the Board Medical Advisor opine, the Board determined that the applicant's Post Traumatic Stress Disorder related to Military Sexual Trauma outweighed the Failed Medical/ Physical/ Procurement Standards basis for separation for the aforementioned reasons. b. Response to Contention(s): (1) The applicant contends, in effect, suffering from PTSD because of military sexual trauma (MST), which affected behavior and ultimately led to the discharge. The Board determined that this contention was valid and voted to upgrade the characterization of service due to the applicant's Post Traumatic Stress Disorder related to MST mitigating the applicant's Failed Medical/ Physical/ Procurement Standards misconduct. (2) The applicant contends, in effect, an upgrade of the discharge would allow veterans benefits. The Board considered this contention during proceedings, but ultimately did not address the contention due to an upgrade being granted based on the applicant's Post Traumatic Stress Disorder related to MST fully outweighing the applicant's Failed Medical/ Physical/ Procurement Standards basis for separation. c. The Board determined the discharge is inequitable based on the circumstances surrounding the discharge (Post Traumatic Stress Disorder related to MST). Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, Chapter 15, and the narrative reason for separation to Secretarial Authority. The Board determined the RE code was proper and equitable and voted not to change it. d. Rationale for Decision: (1) The Board voted to change the applicant's characterization of service to Honorable because the applicant's Post Traumatic Stress Disorder related to MST mitigated the applicant's misconduct of Failed Medical/ Physical/ Procurement Standards. Thus, the prior characterization is no longer appropriate. (2) The Board voted to change the reason for discharge to Secretarial Authority under the same pretexts, thus the reason for discharge is no longer appropriate. The SPD code associated with the new reason for discharge is JFF. (3) The RE code will not change, as the current code is consistent with the procedural and substantive requirements of the regulation. The applicant's Post Traumatic Stress Disorder does not meet Army procurement standards 11. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Separation Order: Yes b. Change Characterization to: Honorable c. Change Reason / SPD code to: Secretarial Authority / JFF d. Change RE Code to: No Change e. Change Authority to: AR 635-200 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 AR20230004581 1