1. Applicant's Name: a. Application Date: 8 March 2016 b. Date Received: 9 March 2016 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable, and to change the narrative reason for his discharge. The counsel on behalf of the applicant seeks relief contending, in pertinent part and in effect, the applicant's case is based on propriety and equity. The applicant should not have been separated under paragraph 5-17, AR 635-200, because the applicant's mental state did not meet the criteria of paragraph 5-17. It is also unclear why the command chose to separate him with a general (under honorable conditions) discharge, despite the unit commander's recommendation for an honorable discharge. The applicant has been treated for his behavioral health issues, and he is engaged to be married. His current discharge prevents him from reaching his full potential. An upgrade would allow him to return to school and have a more successful future, and become a more productive citizen in society. Per the Board's Medical Officer, no electronic military (AHLTA) records were available for review; however, a review of military records indicated the applicant made suicidal comments on 3 May 2003 and was subsequently psychiatrically hospitalized. The evidence indicates the reason/basis of separation was correct as it was in the opinion of the medical provider that the applicant was not retainable or that depressive symptoms could improve with rehabilitation. In a records review conducted at Arlington, VA on 19 May 2017, and by a 5-0 vote, the Board determined the characterization of service was improper. The Board found the command failed to properly notify the applicant of the specific basis for award of less than an honorable discharge. The record shows the proper discharge and separation authority procedures were not followed in this case. Therefore, the characterization of service being improper, the Board granted partial relief in the form of an upgrade of the characterization of service to honorable. However, the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Physical Condition, Not a Disability / AR 635-200, Paragraph 5-17 / JFV / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 28 July 2003 c. Separation Facts: (1) Date of Notification of Intent to Separate: 18 June 2003 (2) Basis for Separation: The applicant was unable to conform to being a Soldier. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 1 July 2003 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: Undated / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 July 2001 / 4 years b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 124 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92Y1P, Unit Supply Specialist / 2 years, 11 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for making suicidal threats; removing privately owned vehicle without permission; failing to be at his appointed place of duty at the prescribed time; and implementing corrective actions. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Memorandum for Commander, dated 9 May 2003, Subject: Mental Health Evaluation, rendered by an Inpatient Psychiatry, indicated the applicant, who was diagnosed with an adjustment disorder with depressed mood, was psychiatrically cleared for whatever administrative action deemed appropriate by his command. Reports of Medical History and Medical Assessment, dated 14 June 2003, reflect both the applicant and the examiner noted behavioral health issues. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 10 March 2015; attorney-authored brief; DD Form 214; memorandum, dated 9 May 2003; extract copy of AR 635-200, pages 57- 58 and cover page with rapid action revision issue date of 6 September 2011; unit commander's forwarding and notification memoranda, both undated; applicant's acknowledgement, dated 18 June 2003; battalion commander's decision memorandum, undated; VA letter, dated 4 February 2016; and applicant's fiancée letter, dated 22 February 2016. 6. POST SERVICE ACCOMPLISHMENTS: The applicant's documentary evidence shows he had attended college in 2009. 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." 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his general (under honorable conditions) discharge to honorable and to change the narrative reason for his discharge. After a careful review of all the applicant's military records for the period of enlistment under review, and the issues and documents he submitted, it appears that the characterization of service was improper. Army Regulation 635-200, Chapter 5, paragraph 5-1b, states no Soldier will be awarded a character of service of general, under honorable conditions under this Chapter unless the Soldier is notified of the specific factors in his service record which warrants such a characterization, using the notification procedure. The record indicates the applicant was not notified of any specific factors which would warrant a general, under honorable conditions characterization of service, and in fact, the unit commander had recommended an honorable discharge. The applicant contends the discharge was improper and inequitable because he should not have been separated under paragraph 5-17, AR 635-200, because the applicant's mental state did not meet the criteria of paragraph 5-17. 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. Accordingly, 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 applicant contends that an upgrade of his discharge would allow him to return to school, perhaps through the use of the GI Bill educational benefits However, eligibility for veterans' benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill 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. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 19 May 2017, and by a 5-0 vote, the Board determined the characterization of service was improper. The Board found the command failed to properly notify the applicant of the specific basis for award of less than an honorable discharge. The record shows the proper discharge and separation authority procedures were not followed in this case. Therefore, the characterization of service being improper, the Board granted partial relief in the form of an upgrade of the characterization of service to honorable. However, the reason for discharge was fully supported by the record and therefore, remains both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD/RE Code to: No Change f. Restore (Restoration of) Grade 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 AR20160005857 1