1. Applicant's Name: a. Application Date: 27 March 2017 b. Date Received: 3 April 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests narrative reason change and a reentry eligibility (RE) code change. The applicant seeks relief contending, in effect, was never given the opportunity to see the terminally ill grandmother before being deployed to Afghanistan, even though the applicant had accrued 34.5 days of leave. The applicant was not given the opportunity to do hometown recruiting and was told by a sergeant that the applicant would get a 4-day pass. Later, the pass was denied because the applicant did not report to work on a day, the applicant was not supposed to work. The applicant states, even the psychiatrist said the command could not just throw the applicant out because the applicant wanted to see family before deploying. The first sergeant did not want the applicant in the unit and wanted the applicant out. The applicant states that the law was not properly followed in this situation. The applicant also saw a military doctor who documented in writing that the applicant's unit went about this the wrong way. The applicant was told by the commander that the applicant could reenlist after two years, but has had not had any luck finding a recruiter who will help. They all tell that the applicant has to have the RE code changed to reflect an RE code 1. The applicant is not disabled and can perform duties. The applicant wants to become a police officer, while serving the country in the Reserves, whether it be the Navy or the National Guard. The applicant believes the whole thing was went about in the wrong way. The right way would have been to grant the opportunity before deploying to Afghanistan to visit the grandmother, in the event that the applicant would never see her again. The applicant states, the military should not just kick people out based on what they deem appropriate and ruins some one's career. They should have worked with the applicant and let the applicant visit the grandmother, which was unjustified. The applicant followed every command and has been studying to increase ASVAB scores and exercising in hopes of joining the Navy or Army National Guard. The applicant states, the discharge reflects there was no condition or disability and believes the separation was a mistake. The applicant was using a high dose of Seroquel when they made the applicant sign the papers, which the applicant had no idea of the lies the commander was saying. Serequel is a drug that makes one senseless and puts feel out of place. During the same time, all the applicant's belongings were stolen, which was valued at over thousands of dollars. The car was also stolen by a Soldier when the applicant was in the hospital and money was stolen from an ATM card. The applicant believes this would make anyone feel uncomfortable and out of place. The applicant requests that the Board check into the story and allow the applicant to work for the Navy Reserve. The applicant has paper work from a General, who is also is a Psychiatrist stating the applicant does not have any mood disorders or anxiety. The applicant states chapter 5-17, had nothing to do with the situation. The applicant describes the conditions for a chapter 5-17 separation and a 5-13 separation. The applicant states the key factor is that the condition must significantly impair a Soldier's ability to perform their assigned military tasks. The applicant performed tasks very well, but it was other Soldiers who did not handle it properly. The applicant was not given ample counseling or the opportunity for rehabilitation. Nothing was done to correct the situation and the applicant only had two consultations with a psychiatrist. The applicant states, Soldiers have the right to consult with a TDS attorney or with private counsel at no expense to the Government and to submit matters for the separation authority to consider before the separation authority makes a final decision regarding separation. Additionally, Soldiers with at least six years of active and or Reserve service are entitled to an Administrative Separation Board. All Soldiers pending Chapter 5 separation should consult with an attorney before making any decisions concerning the Chapter 5 separation. For these reasons, the applicant requests relief, due to false pretenses, and not following protocol or standard policy. The applicant further details contentions in the online application. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of Adjustment Disorder, Major Depressive Disorder, Personality Disorder, and Alcohol Abuse. The applicant does not currently have a service-connected rating from the VA. In summary, the applicant's administrative separation for a BH diagnosis was appropriate. In a records review conducted at Arlington, VA on 13 September 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Blank / AR 635-200, Chapter 5-17 / JFV / RE-3 / Honorable b. Date of Discharge: 11 May 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 February 2008 (2) Basis for Separation: The applicant was informed of the following reasons: He was diagnosed with an Adjustment Disorder with Disturbance of emotions and conduct. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 15 July 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 6 August 2008 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 June 2007 / 3 years, 2 weeks b. Age at Enlistment / Education / GT Score: 26 / Associate's Degree / 90 c. Highest Grade Achieved / MOS / Total Service: E-3 / 92G10, Food Service Specialist / 1 year, 1 month, 27 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation as described in 4j below. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 21 March 2008, 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: Adjustment Disorder with Disturbance of Emotions and Conduct. 5. APPLICANT-PROVIDED EVIDENCE: Online application. 6. POST SERVICE ACCOMPLISHMENTS: The applicant states he has been studying to raise his ASVAB scores in pursuit of rejoining the military. 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, general (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 5-17, 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. 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 narrative reason change and a reentry eligibility (RE) code change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The evidence of record shows the applicant was evaluated by competent medical authority and determined the applicant had: Adjustment Disorder with Disturbance of Emotions and Conduct. The evaluation and review of the applicant's mental health record revealed significant depressive symptoms related to family and job issues. These issues had resulted in difficulty functioning as an active duty Soldier in the Army. His depressive symptoms and past and continued treatment efforts were preventing him from adequately fulfilling his military duties. Separating him from the military appeared to be in the best interest of the applicant and the Army. The applicant contends the narrative reason for the discharge should be changed. The service record indicates that someone in the discharge process failed to enter a Narrative Reason for Separation on the applicant's DD Form 214, block 28. The discharge packet confirms the separation authority approved the discharge under the provisions of AR 635-200, paragraph 5- 17. Soldiers processed for separation under this provision will be assigned a Narrative Reason for Separation as "Condition, Not a Disability" and the separation code of "JFV." 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 desires to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. The applicant contends his first sergeant wanted him out of the Army even though his psychiatrist said he should not be separated. Also, the applicant contends that Soldiers have the right to counsel prior to the separation authority's decision. However, 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 character of the applicant's discharge is commensurate with his overall service record. Further, the applicant's statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. The evidence of the record reflects on 15 July 2008, the applicant consulted with military counsel and made his election of rights. The applicant contends he was told he could visit his grandmother, but later was denied the opportunity.The applicant contends that he was having family issues that affected his behavior and ultimately caused him to be discharged. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. 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 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. Notwithstanding the administrative error, based on the available record, the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and that the applicant was provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 13 September 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code 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 AR20170005013 1