1. Applicant's Name: a. Application Date: 8 November 2017 b. Date Received: 14 November 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of her uncharacterized discharge to honorable and to change the narrative reason for her discharge. The applicant seeks relief contending, in pertinent part and in effect, her discharge based on medical reasons (major depressive disorder and anxiety) was later determined to be service- connected disability, although her DD Form 214 shows the reason as condition, not a disability. 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 the behavioral health conditions of Adjustment DO with anxiety and depression, Dysthymic Disorder and Generalized Anxiety Disorder. Due to the nature of the behavioral health conditions, the applicant's 5-17 discharge is considered appropriate. In a records review conducted at Arlington, VA on 19 October 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: 30 October 2009 c. Separation Facts: (1) Date of Notification of Intent to Separate: 14 October 2009 (2) Basis for Separation: The applicant was informed of the following reason: For her diagnosed mental condition - Depressive Disorder. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: 15 October 2009 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 26 October 2009 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 27 August 2009 / 3 years, 25 weeks b. Age at Enlistment / Education / GT Score: 24 / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-3 / None / 2 years, 6 months, 4 days d. Prior Service / Characterizations: ARNG (27 April 2007 to 3 June 2007) / NA IADT (4 June 2007 to 25 October 2007) / UNC ARNG (26 October 2007 to 26 August 2009) / HD e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Counseling statement for being separated because of physical or mental condition based on the community mental health services recommendation. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Health Evautaion, dated 15 September 2009, reflects an "AXIS I" diagnosis of "311 Depressive Disorder NOS,"based on "clinical interview &/ or psychometric testing," and that she had current potential for "Self-harm" and "Harm to others." Reports of Medical Examination and History, dated 21 September 2009, indicates the applicant and examiner noted behavioral health issues. The applicant's documentary evidence: VA letter, dated 22 October 2013, shows she was assigned a 50 percent disability for "Depressive disorder, not otherwise specified." 5. APPLICANT-PROVIDED EVIDENCE: Three DD Forms 149, dated 8 November 2017, 3 April 2018, and 19 December 2017; and VA letters, dated 22 October 2013, and 8 November 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. 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 an upgrade of her uncharacterized discharge to honorable and to change the narrative reason for her discharge. The applicant's available record of service, and the issues and documents submitted with her 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 a depressive disorder not otherwise specified. The 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 her case because she was in an entry level status at the time she was notified of her administrative separation. Although the applicant's documentary evidence shows that VA documented her service as honorable were carefully considered, her service was uncharacterized because she was in entry-level status (ELS) and there are no unusual circumstances present in the applicant's record and her 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. Her separation was initiated on 14 October 2009, during the period she 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 applicant requests to change the reason for her separation; however, the narrative reason for her separation is governed by specific directives, and as approved by the separation authority. 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. Furthermore, the applicant seeks a change in her re-enlistment code in order to re-enlist in the future. The military review board has no authority to change re-enlistment code. The applicant is encouraged to seek assistance from her local recruiter for possible waiver to re-enlist in the future. 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 her 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 19 October 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: 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 AR20170019852 1