1. Applicant's Name: a. Application Date: 16 August 2017 b. Date Received: 21 August 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to general (under honorable conditions) or honorable. The applicant states, in pertinent part and in effect, documents under "ebenefits.va.gov" indicate his discharge as honorable; therefore, his DD Form 214 should reflect an upgrade, as well. Per the Board's Medical Officer, a voting member, based on the information available for review in the service record, AHLTA, and JLV, the applicant was diagnosed with Adjustment Disorder. The type of discharged received is appropriate for this diagnosis. In a records review conducted at Arlington, VA on 7 September 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 / Uncharacterized b. Date of Discharge: 11 June 2015 c. Separation Facts: (1) Date of Notification of Intent to Separate: 27 May 2015 (2) Basis for Separation: The applicant was informed of the following reasons: On 12 May 2015, an Army Community Mental Health Services recommended his separation under the provisions of AR 635-200, Paragraph 5-17, based on a diagnosis of having "AXIS I: Adjustment Disorder with Depressed Mood." Based on the diagnosis, his separation under paragraph 5-17 would be in the best interest of both, the Army and the applicant. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: Waived, 27 May 2015 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 2 June 2015 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 30 March 2015 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 124 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 2 months, 12 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: None g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Counseling Statement for being notified of an administrative separation under AR 635-200, paragraph 5-17 and scheduled appointments; a Psychologist recommending him for an administrative separation; and being given reasonable time to overcome his deficiencies that are still affecting his ability to perform and train. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 12 May 2015, reflects an "AXIS I:" diagnosis of an "Adjustment Disorder with Depressed Mood," and a comment that he met "psychiatric criteria for expeditious administrative separation" in accordance with "Chapter 5-17 of AR 635-200." 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 16 August 2017, and two VA letters, dated 16 August 2017. 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. 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 general (under honorable conditions) or honorable. 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, while in training status, was diagnosed by competent medical authority with a medical condition of an adjustment disorder with depressed mood. The medical authority further commented that occupational issues that have resulted from the applicant's condition included "failure to complete basic training requirements, as well as, an overall 'poor' performance" and "motivation to serve." He was evaluated "because of depression in response to adjustment to military environment. He report[ed] experiencing ... emotional symptoms [of] depressed mood, tearfulness, worry, poor motivation/interest, fatigue, decreased appetite, and irritability. Because this [he] lack[ed] intrinsic motivation to improve and exhibit[ed] resistance to ... unit ... interventions, he will likely continue to experience impairing difficulties if he remains on active duty. ... . [He] ... has a qualifying diagnosis that [was] severe enough to interfere with his functioning in the military. Attempts to rehabilitate [him] via two different treatment modalities (i.e., IBHC support and CBT group therapy) have failed to sufficiently resolve symptoms and military performance." The referenced National Defense Authorization Act 2017 with specific guidance to the Military Boards for Correction of Military/Naval Records and Discharge Review Boards is inapplicable to his case because he was in an entry level status at the time he was notified of his administrative separation. Although the applicant's contentions that VA documented his service as honorable were carefully considered, his service was uncharacterized because he was in entry-level status (ELS) and there are no unusual circumstances present in the applicant's record and his service did not warrant an honorable discharge. 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. A general, under honorable conditions discharge is not authorized under ELS conditions. 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 the separation action. His separation was initiated on 27 May 2015, during the period he was in an entry level status. 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 record does not contain any evidence of arbitrary or capricious actions by the command and it appears that all requirements of law and regulation were met and the applicant's rights were fully protected throughout the separation process. The applicant's uncharacterized discharge commensurate with his overall service record while in an entry level status. 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 7 September 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 AR20170016104 1