1. Applicant's Name: a. Application Date: 9 January 2017 b. Date Received: 12 January 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a narrative reason change. The applicant seeks relief contending, in effect, based on a recent VA medical examination and the opinion provided by the VAMC, Nashville, Tennessee, dated 26 September 2016, it was determined that his current service-connected anxiety disorder was actually due to his traumatic, brain injury (TBI) and the psychological issues in service are not due to a personality 'disorder as noted on his DD Form 214, but was in fact a nexus due to his TBI. Per the Board's Medical Officer, the applicant had a medical or behavioral health condition that would support a change to the narrative reason for separation. Electronic military records were not available during the applicant's time in service; however, per VA records, the applicant had a diagnosis of an Adjustment Disorder with Anxious Mood while in service. Although medical notes reflect a diagnosis of Personality Disorder, the symptoms indicated on counseling statements, can be better attributed to a diagnosis of TBI rather than personality disorder since neurological damage after a head injury may cause changes in mood and behavior, to include emotional volatility and extreme reactions to everyday situations. VA medical record dated 25 October 2016 indicated a service connection for Generalized Anxiety Disorder with Traumatic Brain Injury was granted and SM was assigned a disability rating of 70 percent. Based on VA medical records, the traumatic brain injury diagnosis was reported to have occurred in October 2002 and was based on SM falling off a ladder during a training mission and landing on his head resulting in a brief loss of consciousness. Although the applicant was diagnosed with TBI post-service from the VA, there was no indication that this condition did not meet medical retention standards at his time of separation from active duty service, and therefore was not considered a disabling condition. In a personal appearance hearing conducted at Arlington, VA on 18 September 2017, and by a 5-0 vote, the Board determined that the narrative reason of service is inequitable. The Board found the applicant's post service accomplishments and the matters surrounding the discharge (i.e. In-service diagnosis of behavioral health condition, and a VA service connected diagnosis of TBI) meet considerations sufficient to change the narrative reason for the discharge in this case. Accordingly, the Board voted to grant relief in the form of a change of the narrative reason for discharge to condition, not a disability, the authority to AR 625-200, Chapter 5-17, with a corresponding SPD code of JFV. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Personality Disorder / AR 635-200, Paragraph 5-13 / JFX / RE-3 / Honorable b. Date of Discharge: 13 December 2002 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 November 2002 (2) Basis for Separation: The applicant was informed of the following reasons: Diagnosed with having symptoms of depression and poor adjustment to the military. He had continued to display extremely poor coping and an inability to even modestly adjust to the routine and often, minor, daily stressors of the military. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 26 November 2002 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 4 December 2002 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 26 September 2001 / 3 years b. Age at Enlistment / Education / GT Score: 23 / HS Graduate / 102 c. Highest Grade Achieved / MOS / Total Service: E-4 / 11B10, Infantryman / 4 years, 4 months, 22 days d. Prior Service / Characterizations: ARNG, 22 July 1998 - 25 September 2001 / HD IADT, 2 November 1998 - 18 March 1999 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: ARCAM, NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Numerous Developmental Counseling Forms, for various acts of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 20 November 2002, reflects the applicant was cleared for administrative actions deemed appropriate by the command. The applicant could understand the difference between right and wrong and could participate in the proceedings. The applicant was diagnosed with an Adjustment Disorder with Anxious Mood (Axis I); and, Personality Disorder NOS (Axis II). The applicant provided a copy of his VA disability rating decision, dated 25 October 2016, which reflects the applicant was rated 70 percent disability for Generalized Anxiety Disorder with Traumatic Brain Injury; and, 20 percent disability for Tremor Right Upper Extremity Associated with Generalized Anxiety Disorder with Traumatic Brain Injury; 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-13 in effect at the time, provided that a Soldier may be separated for a personality disorder, not amounting to disability, when the condition interfered with assignment to or performance of duty. The regulation requires that the condition is a deeply ingrained maladaptive pattern of behavior of long duration that interferes with the Soldier's ability to perform military duties. The regulation also directs that commanders will not take action prescribed in this Chapter in lieu of disciplinary action and requires that the disorder is so severe that the Soldier's ability to function in the military environment is significantly impaired. Army policy requires the award of a fully honorable discharge in such case. Characterization of service under honorable conditions may be awarded to a Soldier who has been convicted of an offense by general court-martial or who has been convicted by more than one special court-martial in the current enlistment, period of obligated service, or any extension thereof. 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 "JFX" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 5-13, personality disorder. 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." 8. DISCUSSION OF FACT(S): The applicant requests a narrative reason change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The record confirms that the applicant was diagnosed by competent medical authority with a personality disorder: Adjustment Disorder with Anxious Mood (Axis I); and, Personality Disorder NOS (Axis II). The applicant requests a change to the reason for his discharge; however, the narrative reason for separation is governed by specific directives. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Personality Disorder," and the separation code is "JFX." The regulation further stipulates that no deviation is authorized. There was no provision for any other reason to be entered under this regulation. The applicant contends the Veterans Administration has granted him a service connected disability for Traumatic Brain Injury (TBI) and that this condition was the nexus of his personality disorder. However, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 20 November 2002, the applicant underwent a mental status evaluation which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong. It appears the applicant's chain of command determined that he knew the difference between what was right and wrong as indicated by the mental status evaluation. Further, the evaluation noted the applicant had a long history of failing to adequately cope with stressors and a difficulty in adapting to the demands of military service. 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. (Insert the following for PA Board Cases) 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): Two character references - 2 pages List of non-profit achievements - 1 page b. The applicant presented the following additional contention(s): The applicant did not list the additional issues - the Board considered all issues offered by the applicant. c. Witness(es) / Observer(s): None. 10. BOARD DETERMINATION: In a personal appearance hearing conducted at Arlington, VA on 18 September 2017, and by a 5-0 vote, the Board determined that the narrative reason of service is inequitable. The Board found the applicant's post service accomplishments and the matters surrounding the discharge (i.e. In-service diagnosis of behavioral health condition, and a VA service connected diagnosis of TBI) meet considerations sufficient to change the narrative reason for the discharge in this case. Accordingly, the Board voted to grant relief in the form of a change of the narrative reason for discharge to condition, not a disability, the authority to AR 625-200, Chapter 5-17, with a corresponding SPD code of JFV. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Condition, Not A Disability d. Change Authority to: AR 635-200, Chapter 5-17 e. Change SPD / RE Code to: Change SPD to JFV / No Change to RE code. e. Restore Grade/Rank to: 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 AR20170001329 4