1. Applicant's Name: a. Application Date: 26 June 2016 b. Date Received: 11 July 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the narrative reason for separation. The applicant seeks relief contending, in effect, her discharge was inequitable for many reasons, which she intends to prove through military records and medical documentation. She expressed intent to file an IG complaint about sexual harassment and a sexual assault to her chain of command while in combat. She was in a depressed, distraught state of mind and felt leaving her unit and the Army was the best for all concerned. Her sexual harassment began almost immediately after arriving in the unit; it increased on deployment, which included sexually driven pranks on her belongings, and false rumors of her apparent sexual misconduct. Per the Board's Medical Officer, based on the information available for review at the time, case file, AHLTA and JLV reviewed. Only Behavioral Health diagnosis listed in AHLTA is Adjustment Disorder. JLV indicates applicant has been found 60% service connected, 30% of which is for Anxiety Disorder. Her VA Problem List includes the following diagnoses: PTSD, unspecified, ADHD and Anxiety Disorder NOS. The AHLTA notes indicate that the applicant reported to her BH provider that, while deployed to Iraq, she was diagnosed with Borderline Personality Disorder and followed by BH. However, there are no BH notes in AHLTA that document these visits. Based on my review of her medical records, there is insufficient evidence present to support the diagnosis of Personality Disorder. There is no documentation in the medical record of any personality disorder behaviors. In a records review conducted at Arlington, VA on 2 October 2017, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is improper based upon the circumstances surrounding the discharge (i.e. service medical documentation does not support a Personality Disorder diagnosis). Therefore, the board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 5-17, the narrative reason for separation to Condition, Not a Disability, and the separation code to JFV. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Personality Disorder / AR 635-200 / Chapter 5, Paragraph 5-13 / JFX / RE-3 / Honorable b. Date of Discharge: 23 December 2005 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 20 August 2005 (2) Basis for Separation: The applicant was informed of the following reason for her discharge; she participated in inappropriate behavior, which prompted a mental status evaluation. This evaluation, conducted by qualified medical personnel determined that she has a condition that precludes further military service. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 20 August 2005 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 28 November 2005 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 7 April 2004 / 4 years b. Age at Enlistment / Education / GT Score: 22 years / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-3 / 91W10, Health Care Specialist / 1 year, 8 months, 17 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq, 29 December 2004 to 7 September 2005 f. Awards and Decorations: AAM-2, NDSM, ICM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant received a counseling statement for notification of pending separation action. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 10 August 2005, revealed the applicant had an Axis I diagnosis of an adjustment disorder with mixed disturbance of emotions and conduct and an Axis II diagnosis of a personality disorder, not otherwise specified. She met psychiatric criteria for expeditious administrative separation in accordance with Chapter 5-13. She was psychiatrically cleared for any administrative action deemed appropriate by command to include Chapter Separation or UCMJ. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); applicant's statement; unit commander's notification memorandum (four pages); medical document (four pages); chronological record of medical care (six pages); Report of mental Status Evaluation (two pages); and a DD Form 214. 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. However, for Soldiers in entry-level status, it will be uncharacterized. AR 635-200, states that a Soldier is in an entry-level status if the Soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action. 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, paragraph 5-13, for a personality disorder. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFX" 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 a change to the narrative reason for separation. 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 a qualified physician trained in psychiatry as having: Axis I diagnosis of an adjustment disorder with mixed disturbance of emotions and conduct and an Axis II diagnosis of a personality disorder, not otherwise specified. The applicant requested a change to the narrative reason for separation. 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, paragraph 5-13, personality disorder. The regulation further stipulates no deviation is authorized. The applicant seeks relief contending, her discharge was inequitable for many reasons, which she intends to prove through military records and medical documentation. 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 this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that her discharge was inequitable. The applicant further contends, she expressed intent to file an IG complaint about sexual harassment and a sexual assault to her chain of command while in combat. A CID Report of Investigation request dated 13 September 2016, did not substantiate the applicant's complaint of sexual harassment and a sexual assault as it revealed there were no records pertaining to the applicant. The applicant also contends, she was in a depressed, distraught state of mind and felt leaving her unit and the Army was the best for all concerned. The record of evidence shows the applicant underwent a mental status evaluation, which relates she had an Axis I diagnosis of an adjustment disorder with mixed disturbance of emotions and conduct and an Axis II diagnosis of a personality disorder, not otherwise specified. It further related she met psychiatric criteria for expeditious administrative separation in accordance with Chapter 5-13. The applicant additionally contends, her sexual harassment began almost immediately after arriving in the unit; it increased on deployment, which included sexually driven pranks on her belongings, and false rumors of her apparent sexual misconduct. Although the applicant alleges that she was a victim of sexual harassment during her military service, there is no evidence in her military records and the applicant has not provided sufficient evidence supporting this contention. Therefore, this argument is not sufficient to support her request for a change to the narrative reason for separation. 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 2 October 2017, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is improper based upon the circumstances surrounding the discharge (i.e. service medical documentation does not support a Personality Disorder diagnosis). Therefore, the board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 5-17, the narrative reason for separation to Condition, Not a Disability, and the separation code to JFV. 10. 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 AR20160012845 4