1. Applicant's Name: a. Application Date: 3 December 2017 b. Date Received: 8 December 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests a change to the narrative reason for separation. The applicant seeks relief contending, in effect, never had a personality disorder, but rather was assaulted and stabbed by a fellow Soldier. The applicant received a 100 percent disabling rating for a service connected MST and PTSD as a result of being assaulted in the service. The applicant was rushed out of the service and given an incorrect reason for separation. 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 the following BH diagnoses while on active duty: Adjustment Disorder, Adult Sexual Abuse, Generalized Anxiety Disorder, Bereavement without complications, and Opioid Abuse. VA records indicate applicant has been diagnosed with PTSD due to MST (Military Sexual Trauma), Major Depressive Disorder, recurrent, Homelessness, Borderline Personality Disorder, Alcohol Dependence, Cannabis Dependence, Opioid Dependence. VA records indicate that the applicant is 70% service connected for PTSD. After reviewing the applicant's medical records, there was a nexus between a behavioral health or medical condition and the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 14 December 2018 and by a 3-2 vote, based on the applicant's incapacity to service and the circumstances surrounding the discharge (i.e. post-service diagnoses of PTSD and MST), the Board determined the narrative reason for the applicant's separation is now inequitable. Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 5-17, the narrative reason for separation to Condition, Not a Disability and the separation code to JFV. The Board determined the characterization of service 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 / Chapter 5, Paragraph 5-13 / JFX / RE-3 / Honorable b. Date of Discharge: 16 May 2006 c. Separation Facts: Yes (1) Date of Notification of Intent to Separate: 19 April 2006 (2) Basis for Separation: The applicant was informed of the following reason for his discharge; she was diagnosed with a personality disorder. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 24 April 2006 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: NIF / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 28 June 2005 / 3 years, 25 weeks b. Age at Enlistment / Education / GT Score: 18 years / HS Graduate / 101 c. Highest Grade Achieved / MOS / Total Service: E-2 / 74D10, Chemical Operations Specialist / 10 months, 19 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: A CID Report of Investigation, dated 17 May 2006, relates an investigation established probable cause existed that the applicant was a victim of indecent assault. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: Report of Mental Status Evaluation, dated 10 April 2006, relates that the applicant had an Axis I diagnosis of an adjustment disorder depressed and Axis II, a borderline personality disorder. The applicant did not have a severe mental disorder and was not considered mentally disordered. However, she manifests a long- standing disorder of character, behavior and adaptability that is of such severity so as to preclude adequate military service. 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (two pages); and DD Form 214. 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. A 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, paragraph 5-13, for a personality disorder. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JFX" 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 a change to the narrative reason for separation. The applicant's record of service, the issues and document submitted with her application were carefully reviewed. 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, paragraph 5-13, for a personality disorder. The applicant seeks relief contending, she never had a personality disorder, but rather she was assaulted and stabbed by a fellow Soldier. There is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption. The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that she was misdiagnosed with personality disorder or assaulted and stabbed by a fellow Soldier. The applicant further contends, she received a 100 percent disabling rating for a service connected MST and PTSD as a result of being assaulted in the service. The applicant bears the burden of presenting substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that she received a 100 percent disabling rating. The service record contains no evidence of PTSD diagnosis and the applicant did not submit any evidence to support the contention that the discharge was the result of any medical condition. A CID Report of Investigation, dated 17 May 2006, relates that investigation established probable cause existed that the applicant was a victim of indecent assault when a SGT touched her buttocks without her consent. The applicant also contends, she was rushed out of the service and given an incorrect reason for separation. 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 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 14 December 2018 and by a 3-2 vote, based on the applicant's incapacity to service and the circumstances surrounding the discharge (i.e. post-service diagnoses of PTSD and MST), the Board determined the narrative reason for the applicant's separation is now inequitable. Therefore, the Board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 5-17, the narrative reason for separation to Condition, Not a Disability and the separation code to JFV. The Board determined the characterization of service 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: SECRETARIAL REVIEWING AUTHORITY (SRA): The Deputy Assistant Secretary of the Army (Review Boards) exercised her Secretarial Reviewing Authority (SRA) to review the findings, conclusions, and the Board's determination under the authority of Title 10 United States Code Section 1553(b) and Department of Defense Instruction 1332.28 (Discharge Review Board (DRB) Procedures and Standards) enclosure E3.7.1.1.1. While the SRA concurred with the Board's determination, the SRA directed that the separation authority be changed to AR 635-200, paragraph 5-3; the narrative reason of separation be changed to Secretarial Authority; and the separation code designator (SPD) be changed to JFF. 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 AR20180000259 1