1. Applicant's Name: a. Application Date: 3 January 2017 b. Date Received: 19 January 2017 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, his discharge was improper because he had 35 months of service prior to initiation of separation for personality disorder versus the 24 months or less per AR 635-200, paragraph 5-13. His discharge was improper because no rehabilitation efforts were made after diagnosis of personality disorder. His discharge was inequitable because the majority of his time in service was ideal with only two or three isolated incidents of minor mishaps. His discharge was inequitable because he was misdiagnosed with a personality disorder without documentation supporting persistent traits of such prior to or during his military service. He was young and ignorant at the time of discharge. He has not been arrested or in any kind of trouble since his discharge. In a records review conducted at Arlington, VA on 27 April 2018, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is inequitable based on the applicant's circumstances surrounding the discharge (i.e. in-service diagnosis of behavioral health issues). Therefore, the board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 5-17, and the narrative reason for separation to Condition, Not a Disability, with a corresponding separation code to LFV. 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 / Chapter 5, Paragraph 5-13 / JFX / RE-3 / Honorable b. Date of Discharge: 18 June 2002 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 15 May 2002 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; his diagnosis of having a long-standing disorder of character, behavior and adaptability that is of such severity so as to preclude adequate military service. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 17 May 2002 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 10 June 2002 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 14 June 2001 / 5years b. Age at Enlistment / Education / GT Score: 21 years / HS Graduate / 85 c. Highest Grade Achieved / MOS / Total Service: E-3 / 13F10, Fire Support Specialist / 3 years, 11 days d. Prior Service / Characterizations: RA, 20 January 1999 to 13 June 2001 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: AAM, AGCM, NDSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: The applicant received a negative counseling statement dated, 7 May 2002, for failing to obey an order or regulation, dereliction of duty and disloyal statements. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 26 April 2002, relates that the applicant had an Axis I diagnosis of an adjustment disorder with disturbance of conduct and Axis II of antisocial personality disorder and narcissistic personality disorder. The DMHS evaluation on 15 April 2002 revealed that it was likely that such entitled, volatile, dangerous behaviors and threats, without regard for consequences or others would continue and thus, continue to preclude his ability to remain in the military. Due to his continued risk of dangerousness, it was highly recommended that the applicant be expeditiously processed for separation in accordance with AR 635-200, Chapter 5-13, as this is deemed to be in the best interests of the Soldier and the US Army. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); self-authored statement; three support / character statement; excerpts of AR 635-200, pages 55-56; diploma, University of Phoenix and OMPF documents (58 pages). 6. POST SERVICE ACCOMPLISHMENTS: The applicant states he earned his CDL license and has been driving 18 wheelers for the past 14 years. He also earned a bachelor's degree in criminal justice. 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. A 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. 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 change to the narrative reason for separation. 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 a qualified physician trained in psychiatry as having: an Axis I diagnosis of an adjustment disorder with disturbance of conduct and Axis II of antisocial personality disorder and narcissistic personality disorder. Of note, current Army Regulation, AR 635-200, paragraph 5-13, limits the separation of Soldiers for the reason of (Personality Disorder), to those who have less than 24 months of active duty service, as of the date the separation proceedings are initiated. Although the applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army, documents in the record show that the applicant had over 24 months of active duty service at the time the separation proceedings were initiated. Further, paragraph 5-17, AR 635-200, dated (6 June 2005 / RAR 17 December 2009), now stipulates that Soldiers with 24 months or more of active duty service may be separated under this paragraph 5-17, based on a diagnosis of personality disorder. In view of the foregoing, it appears that the narrative reason for the applicant's separation is now inequitable based on the current standard. Furthermore, regulations currently in effect list the reason for the applicant's discharge as "condition, not a disability." Accordingly, it appears that the separation authority on the applicant's DD Form 214 should read "AR 635-200, paragraph 5-17," and the narrative reason for separation should read "Condition, Not a Disability," with the corresponding separation code of "JFV, " and a reentry eligibility (RE) code of "3." The narrative reason for discharge was consistent with the procedural and substantive requirements of the regulation at the time of discharge, 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 27 April 2018, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is inequitable based on the applicant's circumstances surrounding the discharge (i.e. in-service diagnosis of behavioral health issues). Therefore, the board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 5-17, and the narrative reason for separation to Condition, Not a Disability, with a corresponding separation code to LFV. 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: Condition, Not a Disability d. Change Authority to: AR 635-200, paragraph 5-17 e. Change SPD / RE Code to: LFV/ 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 AR20170001192 5