1. Applicant's Name: a. Application Date: 16 July 2015 b. Date Received: 7 November 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a narrative reason change. The applicant seeks relief contending, in effect, the narrative reason is not supported by the evidence he provides. The narrative reason has affected his efforts in finding gainful employment beyond the military as a mental deficiency or character flaw, which he believes is incorrect. He believes mitigating factors affected his life and at the time the military was not prepared to deal with the circumstances, including the loss of two battle buddies from a different sections. Additionally, the applicant believes that at the time, he was depressed because he was dealing with the stresses of being a new father, married man and moving way across states for the first time all within a year. The Government Accountability Office (GAO) had determined during the time of his discharge that the DOD was not following proper protocols and was in non-compliance with its own guidelines for discharges due to personality disorders. In support of his contentions, he states he does not have a personality disorder. He was mentally assessed by a licensed psychologist, which she diagnosed him as not having a personality disorder. In summary, he believes with the evidence that he provides with his application, he was unjustly discharged and he desires to have his separation code to match his character of service of "honorable." Per the Board's Medical Officer, based on the information available for review at the time including the applicant's case files, AHLTA and JLV. AHLTA notes indicate applicant first presented to Behavioral Health (BH) while in Basic Training. At that time, Aug 2006, he presented with complaints of life long history of depression. He reported he tried to kill himself by stabbing himself at age 13. He also had a history of mood swings, insomnia, self-injury (cutting) and chronic suicidal ideation. He was diagnosed with Adjustment Disorder with depressed mood and placed on antidepressants. In April 2007, he was evaluated by psychiatry. He reported a lifelong history of recurrent episodes of severe depression which alternated between lasting a few days to several months. He reported frequent thoughts of wanting to hurt himself (i.e.,-chronic suicidal ideation). He reported his sister had been diagnosed with Bipolar Disorder and his mother and aunt both had been diagnosed with Schizophrenia. In May 2007, Psychology diagnosed him with Panic Disorder without Agoraphobia. In late May 2007, he was diagnosed with Personality Disorder NOS. This diagnosis was made on basis of clinical interview and review of applicant's history. No formal psychological testing for personality issues was performed or ordered. While applicant has history of chronic suicidal ideation and self-mutilation, it is important to realize that these behaviors, while they are common in individuals with certain personality disorders, can also occur in other psychiatric conditions to include mood disorders. This appears to be the case with this applicant. His history of severe episodic depressions and mood instability in combination with his family history of schizophrenia and bipolar disorder suggests that his behavioral health problems are more likely due to an underlying affective disorder and not exclusively to a personality disorder. It is the opinion of the Agency psychiatrist that a Chapter 5-17 discharge: Other Designated Physical or Mental Condition is a more appropriate discharge for this applicant. In a records review conducted at Arlington, VA on 26 January 2018, and by a 5-0 vote, the Board determined that the narrative reason for discharge was improper based on the applicant's behavioral health issues. Accordingly, the Board voted to grant relief by 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. The board determined the characterization of service 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: 5 July 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 20 June 2007 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant had been diagnosed with a Personality Disorder, not otherwise specified. This disorder had clearly interfered with his ability to perform within the military. It was in the applicant's best interest and the best interest of the Army that he be chaptered as quickly as possible. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 20 June 2007 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 27 June 2007 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 July 2006 / 2 years, 18 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 108 c. Highest Grade Achieved / MOS / Total Service: E-2 / 19K10, M1 Armor Crewman / 11 months, 9 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: Developmental Counseling Form, dated 13 June 2007, reflects the applicant was counseled by his unit's first sergeant. The applicant was notified of the unit's intent to separate him from service under chapter 5-13 (personality disorder. The medical condition noted as the basis for his separation was Bi-Polar disease. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Memorandum, dated 1 May 2007, reflects the applicant met the criteria for depression and panic disorder without agoraphobia. The applicant would be treated for an anxiety disorder. Report of Mental Status Evaluation, dated 23 May 2007, 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 report noted the applicant's depressed mood and indicated the following: "The Soldier is currently stable and denied SI, HI, AH, VH, and delusions. The Soldier's mental status examination is within grossly normal limits. The Soldier does meet the diagnostic criteria for Personality Disorder Not Otherwise Specified. This disorder does not meet the criteria for a medical evaluation board, but has clearly interfered with his ability to perform within the military. It is both in the best interest of the Army and the wish of the Soldier to be chaptered as quickly as possible. The wisest course of action is to recommend a Chapter 5-13, Personality Disorder, for the benefit of the Soldier and the good of the Army." 5. APPLICANT-PROVIDED EVIDENCE: Online application; 6. POST SERVICE ACCOMPLISHMENTS: Has maintained employment and desires to be a police officer. 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. 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 his application were carefully reviewed. The record confirms that the applicant was diagnosed by competent medical authority with a personality disorder: Personality Disorder, Not Otherwise Specified. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated his duty performance, such that he should have been retained on Active Duty. The applicant contends his narrative reason for separation should be changed because he did not have a personality disorder. The applicant provided a post-service screening psychological examination in support of his contention. 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. 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 Army Discharge Review Board is authorized to consider post-service factors in the characterization 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 applicant contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The third party statements provided with the application speak highly of the applicant's performance. They all recognize his good conduct after leaving the Army; however, the persons providing the character reference statements were not in a position to fully understand or appreciate the expectations of the applicant's chain of command. As such, none of these statements provide any evidence sufficiently compelling to overcome the presumption of government regularity. 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 26 January 2018, and by a 5-0 vote, the Board determined that the narrative reason for discharge was improper based on the applicant's behavioral health issues. Accordingly, the Board voted to grant relief by 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. The board determined the characterization of service 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: Condition, Not A Disability d. Change Authority to: AR 635-200, Chapter 5-17 d. Change SPD / RE Code to: JFV e. 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 AR20160018007 1