1. Applicant's Name: a. Application Date: 26 October 2017 b. Date Received: 21 December 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, she believes the narrative reason for her discharge is inaccurate and untrue and that it was the easiest way for the Army to push her out. She states, she was having issues that could have been easily addressed, but they were not. She had no issues prior to or after the incidents that led to her discharge. She had a psychological episode that was brought on by multiple traumatic factors, including two reported incidents of MST; surgeries; witnessing a violent crime; the divorce of her parents; and, the feelings of guilt about being in garrison, while her unit was still deployed. She states, during these events, she had no support as the base was mostly empty from the deployment. She was recovering from several different surgeries and was on prescription pain medications. After her episode, she was given no treatment and she still was not recommended for discharge for several months. Her discharge came after she reported her second incident of MST. She states, she has never been diagnosed with a personality disorder and she has thrived since her discharge. She earned her Bachelor's Degree in Social Work in 2011; and, she has worked in the field since earning her degree. Currently, she is pursuing her Master's Degree in Social Work, with a concentration on Military Social Work. She volunteers with a local Veteran's advocacy group and does annual mission trips to Latin America. Since her discharge, she has gone through many difficulties. She states, she supported her father, a Vietnam veteran, through a critical illness, she has been married and divorced, she raised three children, attended school and worked full time. She states, there were times when she had been the sole provider for a family of five, while supporting her spouse who had been laid off. She has suffered injury and illness, but through it all, she had accomplished these things with grace. Per the Board's Medical Officer, based on the information available for review at the time, the applicant has an 80% VA SC rating according to the JLV. Her VA problem list includes psychiatric diagnoses of TBI, Seizures, Subjective Tinnitus, Stress, Insomnia, PTSD (2005), Anxiety, and Depression. During her active duty she had verified MST. She is contending her Personality Disorder is an incorrect diagnosis. The diagnosis of a personality disorder in the records was on a Separation MSE of 06 October 2016; however, it also appeared on her discharge summary form hospital written on 04 October 2004, with a weak justification for it. The hospital discharge referenced behavior often seen in Borderline Personality Disorder, for example cutting, chronical suicidality, and a "history that is consistent with borderline personality disorder." In this enlistment, her second, she served 7 months 26 days, with prior active service of 2 years, according to her DD-214. The practice of the Board is to remove the Personality Disorder as a narrative reason in cases of this kind. The applicant has not presented any direct challenge from a medical provider regarding the accuracy of the hospital discharge or MSE diagnosis. At the time of separation, she had specifically agreed to its times, provided she received an Honorable Discharge. In a records review conducted at Arlington, VA on 20 April 2018, and by a 4-1 vote, the Board determined the narrative reason for the applicant's separation is improper based on the applicant's length and quality of service, a prior period of honorable service, the circumstances surrounding the discharge (i.e. in-service diagnosis of OBH and post-service PTSD diagnosis associated with two MST incidents). Therefore, the board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, Chapter 5-3, and the narrative reason for separation to Secretarial Authority with a corresponding separation code to JFF. The Board determined the RE code was proper and equitable and voted not to change it. (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: 23 December 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 19 November 2004 (2) Basis for Separation: The applicant was informed of the following reasons: She was diagnosed with a personality disorder. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 1 December 2004 (5) Administrative Separation Board: On 1 December 2004, the applicant conditionally waived consideration of her case before an administrative separation board, contingent upon her receiving a characterization of service no less favorable than an honorable discharge. (6) Separation Decision Date / Characterization: 8 December 2004 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 April 2003 / 3 years b. Age at Enlistment / Education / GT Score: 23 / GED / 117 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92W10, Water Treatment Specialist / 6 years, 1 month, 11 days d. Prior Service / Characterizations: RA, 13 November 1998 - 12 November 2000 / HD USAR, 13 November 2000 - 3 February 2001 / NA ARNG, 4 February 2001 - 27 April 2003 / HD RA, 1 February 2004 - 27 April 2003 / HD e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: AGCM, NDSM, ASR, GWOTSM / The applicant's service record reflects she was awarded the ARCOM, however, the award is not reflected on her DD Form 214. g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 6 October 2004, reflects the applicant was cleared for any 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 a Personality Disorder (Axis II). 5. APPLICANT-PROVIDED EVIDENCE: Online application. 6. POST SERVICE ACCOMPLISHMENTS: She states, she has earned her Bachelor's Degree and is pursuing her Master's Degree. She has obtained employment and volunteers in her community. 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. 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. National Defense Authorization Act 2017 provided 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) or Traumatic Brain Injury (TBI) in connection with combat or sexual assault or sexual harassment as a basis for discharge review. Further, it provided 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; as a basis for the discharge. In August 2017, the Office of the Under Secretary of Defense for Personnel and Readiness provided further clarifying guidance 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. 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. 8. DISCUSSION OF FACT(S): The applicant requests a narrative reason change. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The record confirms that the applicant was diagnosed by competent medical authority with a personality disorder: Personality Disorder. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated her duty performance, such that she should have been retained on Active Duty. The applicant contends her narrative reason for separation should be changed because she believes it is inaccurate and untrue. However, the applicant was separated under the provisions of Chapter 5, paragraph 5-13, AR 635-200 with an honorable discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Personality Disorder," and the separation code is "JFX." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends that she was a victim of MST, which caused her condition and ultimately led to her discharge. The applicant's service record contains documentation that supports a diagnosis of in service personality disorder. A careful review of the entire record reveals that this medical condition supports the reason for the discharge and the characterization of service granted. The record shows that on 6 October 2004, the applicant underwent a mental status evaluation, which indicates she was mentally responsible, with thought content as clear, and was able to recognize right from wrong. Further, 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 applicant contends that she had good service. The applicant's service accomplishments and the quality of her service prior to the incidents that caused the initiation of discharge proceeding were carefully considered. The applicant is to be commended for her accomplishments. The applicant further contends she has earned her Bachelor's Degree and is pursuing her Master's Degree. She has obtained employment and volunteers in her community. The Army Discharge Review Board is authorized to consider post-service factors in the recharacterization of a discharge. However, there is no law or regulation which provides an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent such matters provide a basis for a more thorough understanding of the applicant's performance and conduct during the period of service under review, is considered during Board proceedings. The Board reviews each discharge on a case-by-case basis to determine if post-service accomplishments help demonstrate previous in-service misconduct was an aberration and not indicative of the member's overall character. 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 20 April 2018, and by a 4-1 vote, the Board determined the narrative reason for the applicant's separation is improper based on the applicant's length and quality of service, a prior period of honorable service, the circumstances surrounding the discharge (i.e. in-service diagnosis of OBH and post-service PTSD diagnosis associated with two MST incidents). Therefore, the board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, Chapter 5-3, and the narrative reason for separation to Secretarial Authority with a corresponding separation code to JFF. The Board determined the RE code was proper and equitable and voted not to change it. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: No Change c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, Chapter 5-3 e. Change SPD / RE Code to: JFF / 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 AR20170019361 1