1. Applicant's Name: a. Application Date: 7 July 2017 b. Date Received: 21 July 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of an uncharacterized discharge to honorable and a reentry (RE) code change. The applicant seeks relief contending, in effect, upon entering the Army, the applicant had a great opportunity, with the "never quit on anything" attitude. This attitude carried the applicant far in military endeavors, however the applicant learned this was not applicable in a one-sided relationship. An ex-fiancé, who the applicant had known from before the first military enlistment, proved to be a toxic relationship. The applicant had made the decision to serve the country and carry on the rich military history of family and many others, but was belittled and berated for these choices. The applicant states, despite this, had the intention of never giving up on and hoping the relationship would grow into a wonderful marriage as is custom in the Navajo Tribe and culture. Not seeing the toxic relationship for what it was, was made worse by all manner of incidents the ex-fiancé would purposely do while the applicant was deployed or undertaking military duties, which included time at Fort Benning. The previous deployments and military experiences, both good and bad, did not affect the applicant in any negative way. However, what did affect the applicant was the combination of no support from the significant other and intentional incidents that caused the applicant to lose focus. After discharge, the applicant soon ended the toxic relationship, started college and worked overseas with retired armed forces veterans supporting and protecting DOD personnel and facilities. The situation at the time of discharge from the Army was unique, yet known and similar across the spectrum of military service members. The Battalion and Brigade commander both recommended that the applicant receive an honorable discharge, but because the applicant was rushed out of the basic training environment, the DD Form 214, had errors such as the address and the characterization recommended by the ranking officers. The applicant's sole intent for requesting an upgrade and a change to reentry (RE) code to RE-1, is to allow the applicant to continue serving among the ranks of the military. 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 diagnosis of Adjustment Disorder with anxiety and depression. VA notes contain no information regarding the applicant. In summary, it is the opinion of the doctor that the applicant's reason for discharge was appropriate. In a records review conducted at Arlington, VA on 15 March 2019, and by a 5-0 vote, the Board determined the discharge is improper based on the circumstances surrounding the discharge. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635-200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 1. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Condition, Not a Disability / AR 635- 200, Chapter 5-17 / JFV / RE-3 / Uncharacterized b. Date of Discharge: 16 December 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 8 December 2014 (2) Basis for Separation: The applicant was informed of the following reasons: On 13 November 2014, he was diagnosed with having an Adjustment Disorder with Mixed Anxiety and Depressed Mood. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: On 8 December 2014, the applicant waived his rights to consult with a JAG officer. (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 12 December 2014 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 6 October 2014 / 5 years b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 118 c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 4 years, 4 months, 8 days d. Prior Service / Characterizations: USMC, 9 August 2010 - 8 August 2014 / HD e. Overseas Service / Combat Service: Korea / NIF f. Awards and Decorations: MCGCM, NDSM, GWOTSM, KDSM, SSDR-2, MM-2 g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 13 November 2014, 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 applicant was diagnosed with: Adjustment Disorder with Mixed Anxiety and Depressed Mood. 5. APPLICANT-PROVIDED EVIDENCE: Online application and documents from his separation packet. 6. POST SERVICE ACCOMPLISHMENTS: He ended the toxic relationship and started college and worked overseas with retired armed forces veterans supporting and protecting DOD personnel and facilities. 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. 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. For Regular Army Soldiers, entry-level status is the first 180 days of continuous Active Duty or the first 180 days of continuous Active Duty following a break of more than 92 days of active military service. 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 an upgrade of his uncharacterized discharge to honorable and a narrative reason change. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. After carefully examining the applicant's record of service during the period of enlistment under review, the Board determined that the characterization of service is improper. The Board noted that the applicant was discharged under the provisions of Chapter 5-17, AR 635-200, by reason of a condition, not a disability, with an uncharacterized discharge. Army Regulation 635-200, Chapter 5, paragraph 5-17, states that the service of a Soldier separated per this paragraph will be characterized as honorable unless an entry-level separation is required under Chapter 3. For Regular Army Soldiers, entry-level status is the first 180 days of continuous Active Duty or the first 180 days of continuous Active Duty following a break of more than 92 days of active military service. The applicant was discharged from the USMC on 8 August 2014, and entered the Active Duty Army on 6 October 2014. The applicant's break in active military service was 59 days; therefore, he was not in an entry-level status, at the time he was notified of the intent to separate him from the Army. The records show the proper discharge and separation procedures were not followed in this case. The discharge was not consistent with the procedural and substantive requirements of the regulation, was not within the discretion of the separation authority, and the applicant was not provided full administrative due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 15 March 2019, and by a 5-0 vote, the Board determined the discharge is improper based on the circumstances surrounding the discharge. Therefore, the Board voted to grant relief in the form of an upgrade of the characterization of service to honorable and changed the separation authority to AR 635- 200, paragraph 5-3, and the narrative reason for separation to Secretarial Authority, with a corresponding separation code to JFF, and a change to the reentry eligibility (RE) code to 1. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Honorable c. Change Reason to: Secretarial Authority d. Change Authority to: AR 635-200, paragraph 5-3 e. Change SPD / RE Code to: JFF / RE-1 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 AR20170011056 1