1. Applicant's Name: a. Application Date: 18 February 2016 b. Date Received: 22 February 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to change the narrative reason for his discharge. The applicant states, in pertinent part and in effect, he never met with the doctor prior to his separation that resulted in being discharged for a condition, not a disability. He believes if he was allowed to meet with the doctors, the narrative reason would have been classified as physical disability. VA has rendered him 70 percent service-connected disabled for major depressive disorder and other issues that originated in service, also the primary reasons for his separation. Per the Board's Medical Officer, based on the information available at this time, the diagnoses the applicant received while on active duty were appropriate. He met criteria for Adjustment Disorder with depressed and anxious mood. He was comprehensively assessed by Psychology who performed a diagnostic clinical interview, psychological testing and corroborating interviews with other people who had observed the applicant. Based on this assessment, the applicant was found to not meet criteria for Major Depressive Disorder or Bipolar Disorder. He did meet criteria for Borderline Personality Disorder which is characterized by many of the symptoms he was experiencing: mood instability, mood swings, feelings of emptiness, impulsivity, suicidal thinking, suicide attempt, frantic attempt to avoid abandonment. Therefore, based on the information available at this time, the applicant's Chapter 5-17 discharge for Condition, not a Disability is considered accurate and appropriate. In a records review conducted at Arlington, VA on 23 August 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Condition, Not a Disability / AR 635- 200, Paragraph 5-17 / JFV / RE-3 / Honorable b. Date of Discharge: 26 August 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 July 2014 (2) Basis for Separation: The applicant was diagnosed with adjustment disorder with anxiety and depression (3) Recommended Characterization: Honorable (4) Legal Consultation Date: Waived, 18 July 2014 (5) Administrative Separation Board: (6) Separation Decision Date / Characterization: 6 August 2014 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 11 March 2013 / 5 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 108 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman and 91B10, Wheeled Vehicle Mechanic / 3 years, 1 month, 27 days d. Prior Service / Characterizations: ARNG (30 June 2011 to 11 September 2011) / NA IADT (12 September 2011 to 6 April 2012) / HD ARNG (7 April 2012 to 10 March 2013) / HD e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: CG Article 15, dated 7 May 2013, for being derelict in the performance of his duties on 18 April 2013. The punishment consisted of a reduction to E-2, forfeiture of $396, 14 days of extra duty and restriction, and an oral reprimand. CG Article 15, dated 27 September 2013, without authority, left his appointed place of duty on 15 September 2013. The punishment consisted of a reduction to E=1, forfeiture of $353, and an oral reprimand. Negative counseling statements for failing to be at his appointed place of duty at the prescribed time on several occasions; pending an involuntary separation; failing to obey a lawful order; reporting to duty in an unauthorized uniform; being directed to have a mental health evaluation; reason for separation was due to ongoing issues with depression, anxiety, and mood disorder that existed prior to service; disobeying an NCO; lying to an NCO; supplying trainees with contraband; and pending Article 15 action. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 1 July 2014, indicates the applicant noted behavioral health issues. Two Reports of Mental Status Evaluation, dated 18 July 2014 and 24 June 2014, indicate the applicant was diagnosed an "Adjustment Disorder with anxiety and Depression: R/O Bipolar Disorder and Marital Distress. The findings, in pertinent part, stated that the applicant reported having previously engaged in at least one reported episode of self-medication using alcohol which led to a suicide attempt on a Friday in June 2014; that he struggled with lack of appropriate social support, experiences and reports severe emotional dependency and his reality testing insight, and judgment were considered fair; and that it was not likely that his symptoms will fully ameliorate even with treatment in the next two months. The report provided the following remarks: that he reported current "SI" and denied "HI"; he denied any intention or plan to act on those; that he struggled with mood dysregulation and obsessive thoughts but no other cognitive abnormalities were observed or reported; that no evidence of a thought disturbance, disorder or psychosis were noted; and that he was deemed mentally responsible, able to distinguish right from wrong, and had the mental capacity to understand and participate in the administrative board proceedings. VA Rating decision letter, dated 17 February 2016, indicates the applicant receiving a 70 percent disabling evaluation for his major depressive disorder. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 18 February 2016; DD Form 214; and VA Rating Decision letter, dated 17 February 2016. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability, which interferes with assignment to or performance of duty and requires that the diagnosis be so severe that the Soldier's ability to function in the military environment is significantly impaired. AR 635-200, paragraph 5-1, states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status. A general (under honorable conditions) discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17, unless properly notified of the specific factors in the service that warrant such characterization. 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 "JFV" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5, paragraph 5-17, condition, not a disability. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFV" will be assigned an RE Code of 3. Secretary of Defense Memorandum for Secretaries of the Military Departments (Subject: Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming Post Traumatic Stress Disorder, dated September 3, 2014), provided guidance to help ensure consistency across the military services in consideration of PTSD relevant to Service Members' discharges. "Liberal consideration will be given in petitions for changes in characterization of service to service treatment record entries which document one of more symptoms which meet the diagnostic criteria of Post-Traumatic Stress Disorder (PTSD) or related conditions. Special consideration will be given to Department of Veterans Affairs (VA) determinations which document PTSD or PTSD-related conditions connected to military services. In cases where Service Records or any document from the period of service substantiated the existence of one or more symptoms of what is now recognized as PTSD or PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service. Liberal consideration will also be given in cases where civilian providers confer diagnoses of PTSD or PTSD-related conditions, when case records contain narratives that support symptomatology at the time of service, or when any other evidence which may reasonably indicate that PTSD or a PTSD-related disorder existed at the time of discharge which might have mitigated the misconduct that caused the under other than honorable conditions characterization of service. This guidance in not applicable to cases involving pre- existing conditions which are determined not to have been incurred or aggravated while in military service." "Conditions documented in the 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 PTSD or PTSD related conditions 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 under other than honorable conditions characterization of service. Correction boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat related PTSD or PTSD-related conditions as a causative factor 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. Correction Boards will also exercise caution in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct." 8. DISCUSSION OF FACT(S): The applicant requests to change the narrative reason for his discharge. The applicant's record of service, and the issues and documents submitted with his application were carefully reviewed. The record confirms that a mental status evaluation by competent medical authority diagnosed the applicant with an adjustment disorder with anxiety and depression. The record further confirms that all the requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process. The applicant contends the discharge was improper and inequitable because he should not have been separated under paragraph 5-17, AR 635-200, for condition, not a disability, as he never met with the doctors prior to his separation; whereas, if he was allowed to meet with the doctors, he would have been separated due to physical disability. However, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issues. There is no evidence in the record, nor has the applicant produced sufficient evidence to support the contention that he may have been unjustly discharged. Furthermore, the fact the Veterans Administration has granted the applicant service connection for medical conditions the applicant suffered while on active duty does not support a conclusion that these conditions rendered the applicant unfit for further service at the time of his discharge processing. The available medical evidence in the record is void of any indication that the applicant was suffering from a disabling medical or mental condition during his discharge processing that would have warranted his separation processing through medical channels; thereby, rendering separation for disability. Further, the applicant's request to change the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 5, paragraph 5-17 is "Condition, Not a Disability," and the separation code is JFV as approved by the separation authority. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. 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. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 23 August 2017, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a new DD-214/Issue new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20160004738 1