1. Applicant's Name: a. Application Date: 14 June 2017 b. Date Received: 14 June 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an uncharacterized discharge to general (under honorable conditions) or honorable. The applicant seeks relief contending, in pertinent part and in effect, was healthy upon enlisting in the Army National Guard. However, after returning from training with an uncharacterized illness, the applicant barely knew who the applicant was. The applicant had a breakdown while at training. The mother had to find out what the problem was. The applicant was diagnosed with Bi- polar/Schizophrenia. (Note that the applicant detailed the circumstances surrounding the medical condition and the events following discharge.) An upgrade would assist the applicant greatly. 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. The applicant does not have any VA records for review. In summary, there is insufficient evidence to determine if the applicant had a BH diagnosis which led to separation from the Army. In a records review conducted at Arlington, VA on 21 August 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: Condition, Not a Disability / AR 635- 200, Paragraph 5-17 / JFV / RE-3 / Uncharacterized b. Date of Discharge: 13 December 2007 c. Separation Facts: (1) Date of Notification of Intent to Separate: 5 December 2007 (2) Basis for Separation: The applicant was informed of the following reasons: It was recommended by the Community Mental Health Service (CMHS) that the applicant be separated. (Note that the Commander's Report memorandum, dated 6 December 2007, reflects that the CMHS stated that the applicant had "wide variety of depressive symptoms, lack[ed] coping skills and exhibit[ed] erratic emotions.") (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: Waived, 5 December 2007, upon acknowledging that he was being separated for "other designated physical or mental condition (adjustment disorder with depressed mood) under AR 635-200. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 7 December 2007 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 4 September 2007 / Approximately 22 weeks or completion of basic and MOS training, pursuant to Orders 7236048, dated 24 August 2007 b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / 87 c. Highest Grade Achieved / MOS / Total Service: E-3 / None / 4 months d. Prior Service / Characterizations: ARNGUS (14 August 2007 to 3 September 2007) / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Report of Mental Status Evaluation, dated 14 November 2007, indicates that the applicant's present state of emotional and/or behavioral dysfunction was of such severity that the applicant's ability to perform military duties was significantly impaired; that the applicant endorsed a wide variety of depressive symptoms to include suicidal thoughts and gestures, lack of focus, poor concentrations, and erratic emotions; that given the applicant's poor occupational history, lack of coping skills and reaction to stressful situations, it was unlikely that continued training would be successful; that it would be a continued problem if the applicant was retained in the service with poor motivation for training, excessive use of cadre resources, poor concentration, lack of focus, tearfulness and poor judgment; and that the findings support administrative action under AR 635-200, paragraph 5-17. Counseling statement for being referred to the RCLNO (Reserve Component Liaison Officer) for separation counseling UP AR 635-200, Paragraph 5-17 for depression/anxiety. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None, other than the findings outlined in the Report of Mental Status Evaluation, dated 14 November 2007. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 14 June 2017; ARNG discharge orders; medical records, dated 29 January 2011, and 15 February 2014. 6. POST SERVICE ACCOMPLISHMENTS: None provided with the application. 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. Paragraph 3-9 stipulates that a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his uncharacterized discharge to general (under honorable conditions). The applicant's available record of service, and the issues and documents submitted with his application were carefully reviewed. The evidence of record shows the applicant was diagnosed by competent medical authority with a medical condition of other designated physical or mental condition (depressive symptoms), while in training status. The medical authority recommended for the chain of command to discharge the applicant under the provisions of AR 635-200, paragraph 5-17. The commander concurred with the recommendation that separation be initiated because of the applicant's condition interfered with his ability to perform military duties. The applicant's contentions for an upgrade were carefully considered. However, the applicant's service was uncharacterized because he was in entry-level status (ELS). Army Regulation 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. The applicant was notified and counseled on his impending separation due to the medical provider's diagnosis of his medical condition on 27 and 28 November 2007. His separation was initiated on 5 December 2007, less than 180 days, during the period he was in an entry level status. An honorable discharge may be given only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty. There are no unusual circumstances present in the applicant's record and his service did not warrant an honorable discharge. A general (under honorable conditions) discharge is not authorized under ELS conditions. An uncharacterized discharge is neither positive nor negative and it is not meant to be a negative reflection of a Soldier's military service. It merely means that the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. The applicant contends the discharge was unjust because he was healthy when he enlisted in the Army National Guard, and when he returned from training with an uncharacterized illness, he barely knew who he was. 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 was unjustly discharged. The applicant's statements alone do not overcome the government's presumption of regularity and no additional corroborating and supporting documentation or further sufficient evidence has been provided with the request for an upgrade of the discharge. 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 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 21 August 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 AR20170009888 4