1. Applicant's Name: a. Application Date: 5 July 2017 b. Date Received: 18 July 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to change the narrative reason for his discharge. The applicant seeks relief contending, in pertinent part and in effect, his two deployments to hostile areas in Iraq caused his PTSD and depression. He suffers from his PTSD for which the VA granted him 100 percent service-connected disability. He should have been medically retired with full rights and benefits as the narrative reason for his discharge does not reflect factually to the evidence of his medical condition. Per the Board's Medical Officer, based on the information available for review at the time to include the military electronic medical record, there is insufficient evidence to determine if the applicant had a medical or behavioral health condition that was mitigating for the offenses which led to his separation from the Army. A review of electronic military medical records indicated diagnoses of an Adjustment Disorder, Anxiety, and Chronic Major Depression. There are limited electronic medical records based on SMs period of service. What is available shows SM was diagnosed with PTSD and Dysthymic Disorder was separated for a personality disorder; however, these diagnoses were determined to meet medical retention standards and he was found qualified for service with a PULHES of 111111. According to his separation physical dated 24 January 2008 SM was being separated for and had a temporary profile for a personality disorder. The profile for Personality Disorder indicated SM had homicidal ideation towards COC in theater. Functional limitations prohibited SM from carrying a weapon and not being able to deploy. SM was recommended for an administrative separation under Chapter 5- 13. There was no indication that the conditions of PTSD or Dysthymia were duty limiting or that they were being considered for a Medical Evaluation Board. The Command Directed Mental Health Evaluation dated 8 February 2008 indicated SM had diagnosis of PTSD and Depression, with the depression was EPTS and appeared intermittently in response to psycho-social stressors. The medical provider indicated his underlying personality disposition made him ill- equipped to deal effectively with stress, separations and change and was not suitable for deployment. It was also noted that he continues to have depression and anxiety, but threats of suicide had abated. An explanation of PTSD symptoms and its impact on SMs functioning was not provided. SM has a 100% service connected rating for PTSD from the VA. In a records review conducted at Arlington, VA on 28 March 2018, 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 / Honorable b. Date of Discharge: 21 March 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 13 February 2008 (2) Basis for Separation: The applicant was diagnosed as having Dysthymic Disorder and Post Traumatic Stress Disorder, which are other designated physical or mental conditions. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 15 February 2008 (5) Administrative Separation Board: NIF (6) Separation Decision Date / Characterization: 21 February 2008 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 February 2006 / 3 years, 17 weeks b. Age at Enlistment / Education / GT Score: 22 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92F10, Petroleum Supply Specialist / 6 years, 11 months, 23 days d. Prior Service / Characterizations: Prior active service of 3 years, 7 months, 18 days (NIF) and prior inactive service of 1 year, 2 months, 14 days (NIF) (Report of Medical History, indicates the applicant served with the Air Force during or prior to January 2005.) e. Overseas Service / Combat Service: SWA / Iraq (23 March 2003 to 23 August 2003), (27 July 2007 to 4 November 2007) f. Awards and Decorations: ARAM; AFGCM; NDSM; GWOTEM; GWOTSM; ASR; AFOSLT-R; AFTR; AFOUA g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Physical Profile, dated 27 December 2007, indicates a temporary profile for a period of three months for personality disorder (homicidal ideation towards chain of command in theater) medical condition. Memorandum, dated 8 February 2008, rendered by a licensed clinical psychologist, recommended to the applicant's command that separation under the provisions of AR 635-200, paragraph 5-17, for "Other Physical or Psychological Condition." The applicant's clinical diagnosis impression was "Axis I: Dysthymic disorder and Post Traumatic Stress Disorder." Counseling statement for informing the applicant of a recommendation for an involuntary separation. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Medical History, dated 24 January 2008, indicates the applicant noted behavioral health issues. Memorandum, dated 8 February 2008, subject: Report of Mental Health Evaluation on [the applicant], reports that the applicant was diagnosed with "Axis I: Dysthymic disorder and Post Traumatic Stress Disorder." 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for Correction of Military Record), dated 5 July 2017; illegible VA claim document; illegible and incomplete copies of health summary documents; illegible vocational rehabilitation letter; and character reference/ supporting statement, dated 20 October 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. 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. 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 to change the narrative reason for his discharge. 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 a competent medical authority with a medical condition of "Dysthymic disorder and Post Traumatic Stress Disorder." The medical authority further commented that the applicant's "depression predates his induction into the Army and appears to wax and wane in response to psycho-social stressors or crises," and that his "adjustment to military life [would] be marginal at best due to his depression and he [would] continue to negatively affect the cohesiveness and moral of his unit." The medical authority recommended for the chain of command to consider him for discharge under the provisions of AR 635-200, paragraph 5-17. The applicant's contentions were carefully considered; in that he should have been medically retired and requested to change the narrative reason for his discharge. However, the narrative reason for his separation is governed by specific directives. The narrative reason specified by AR 635-5-1 for a discharge under Chapter 5, paragraph 5-17 is "Condition, Not a Disability," and the separation code is JFV. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. 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. 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 28 March 2018, 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 AR20170014868 3