1. Applicant's Name: a. Application Date: 11 August 2017 b. Date Received: 25 August 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a narrative reason change. The applicant seeks relief contending, in effect, he is seeking disability that he may qualify for with the monthly service-connected compensation and timely health care from Veterans Affairs. Per the Board's Medical Officer, a voting member, based on the information available for review in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), a review of medical records indicated SM was incorrectly discharged for having a personality disorder. The available evidence indicates the appropriate diagnosis was more likely than not an Adjustment Disorder. In summary, it appears SM met criteria for an Adjustment Disorder with Mixed Anxiety and Depression; however, there is a lack of evidence that he exhibited a Personality Disorder, particularly Cluster A traits of odd and eccentric behaviors. It is recommended that the reason for discharge be changed to a Condition, Not a Disability. In a records review conducted at Arlington, VA on 26 September 2018, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is improper 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 JFV. 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, Paragraph 5-13 / JFX / RE-3 / Honorable b. Date of Discharge: 2 February 2005 c. Separation Facts: (1) Date of Notification of Intent to Separate: 4 November 2004 (2) Basis for Separation: The applicant was informed of the following reasons: He had been diagnosed with a personality disorder. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 10 November 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 26 January 2006 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 June 2003 / 4 years b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-3 / 88M10, Motor Transport Operator / 1 year, 7 months, 15 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq/Kuwait (16 June 2004 - 5 October 2005) f. Awards and Decorations: NDSM, ASR, GWOTEM, GWOTSM g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: See subsequent paragraph 4j. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Behavioral Health Evaluation, undated, 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 D/O with mix of emotions and conduct; and, Personality D/O, NOS with prominent cluster traits. Report of Behavioral Health Evaluation, dated 18 October 2004, reflects the applicant was mentally responsible with a clear thinking process and had the mental capacity to understand and participate in the proceedings. The applicant was diagnosed with: Adjustment disorder with angry and depressed mood. 5. APPLICANT-PROVIDED EVIDENCE: Online application; DD Form 214; and, a letter from the Deputy Assistant Secretary of the Army. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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: Adjustment D/O with mix of emotions and conduct; and, Personality D/O, NOS with prominent cluster traits. 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. 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. The applicant contends that an upgrade of his discharge would allow him veteran's benefits. However, eligibility for veteran's benefits to include medical benefits do not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. 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 September 2018, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is improper based on the applicant's circumstances surrounding the discharge (i.e. in-service diagnosis of behavioral health issues and current standards). 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 JFV. 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: JFV / 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 AR20170012918 1