1. Applicant's Name: a. Application Date: 13 February 2018 b. Date Received: 20 February 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his uncharacterized discharge to honorable and a change to his narrative reason for discharge. The applicant seeks relief contending, in effect, that he would like an upgrade of his discharge to help with his attempts to find employment so he can take care of his family. The applicant contends that he injured his left knee while in Basic Training at Fort Jackson, South Carolina. He is currently receiving disability compensation for this injury from the Department of Veterans Affairs. His knee injury was not a result of pre-existing conditions. He still receives medical treatment for this condition. The provider who was reviewing his case while he was in the Reception Hold Unit (RHU) at Fort Jackson stated that he had a pre-existing anxiety and depression conditions. He contends he not being treated for anxiety or depression upon enlistment into the military. He passed all medical exams and evaluations at the MEPS facility in Gahanna, Ohio and was presumed in sound condition for service. He served faithfully as a contract interpreter for United States military personnel in Iraq. In 2006, on one occasion he was treated for anxiety related to these duties at the U.S. Army Medical Hospital in the Baghdad International Airport. He served honorably and with no physical or psychological issues until he received an injury to his knee. Any anxiety that he experienced while at Fort Jackson was related to the financial and social uncertainty due to his knee injury and change of life plans. 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 diagnoses of Adjustment Disorder with mixed anxiety and depressed mood; Anxiety Disorder, unspecified; Other depressive episodes. The applicant is 80% service connected, 70% for Generalized Anxiety Disorder, 10% for limited flexion of the knee and 10% for limited flexion of the thigh. In summary, the applicant does not have a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 2 December 2020, 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: Failed Medical/Physical/Procurement Standards / AR 635-200, Paragraph 5-11 / JFW / RE-3 / Uncharacterized b. Date of Discharge: 15 December 2017 c. Separation Facts: (1) Date of Notification of Intent to Separate: 1 December 2017 (2) Basis for Separation: The Entrance Physical Standards Board (EPSBD) Proceedings show the applicant reported a previous treatment history, for symptoms, suggestive of an anxiety disorder and a depressive disorder, since 17y/o. the applicant symptoms caused significant emotional and social impairment and at the time of discharge interfered with his ability to train effectively. The applicant's previous history did not meet the standard for enlistment, IAW AR 40-501. (3) Recommended Characterization: Uncharacterized (4) Legal Consultation Date: On 6 December 2017, the applicant concurred with the proceedings and requested to be discharge from the US Army without delay. (5) Administrative Separation Board: None (6) Separation Decision Date / Characterization: 11 December 2017 / Uncharacterized 4. SERVICE DETAILS: a. Date / Period of Enlistment: 1 August 2017 / 3 years, 27 weeks b. Age at Enlistment / Education / GT Score: 28 / Master Degree / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / None / 4 months, 15 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: None i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; self-authored statement; several letter / documents reference to the impact of not having an honorable characterization of service; discharge orders; leave request and supporting documents; summary of medical treatment documents; adult preventive and chronic care flowsheet; chronological records of medical care; medication history; letter from the Department of Veterans Affairs awarding the applicant 60 percent service connected disability with a character of service of under honorable conditions; enlistment documents; and DD Form 214 for the period of service under review. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 7. REGULATORY CITATION(S): Army Regulation (AR) 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-11 specifically provides that Soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty or active duty training or initial entry training will be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the Soldier's initial entrance on active duty, that the condition would have permanently or temporarily disqualified the Soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the Soldier from retention in the service under the provisions of AR 40-501, Chapter 3. The characterization of service for Soldiers separated under this provision of the regulation will normally be honorable. However, for Soldiers in entry-level status, it will be uncharacterized. AR 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 separation action. 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 honorable and a change to his narrative reason for discharge. The applicant's record of service, the issues and documents submitted with his application were carefully reviewed. The applicant seeks relief contending that he injured his left knee while in Basic Training at Fort Jackson, South Carolina. He is currently receiving disability compensation for this injury from the Department of Veterans Affairs. His knee injury was not a result of pre-existing conditions. He still receives medical treatment for this condition. The provider who was reviewing his case while he was in the Reception Hold Unit (RHU) at Fort Jackson stated that he had a pre-existing anxiety and depression conditions. He contends he not being treated for anxiety or depression upon enlistment into the military. He passed all medical exams and evaluations at the MEPS facility in Gahanna, Ohio and was presumed in sound condition for service. He served faithfully as a contract interpreter for United States military personnel in Iraq. In 2006, on one occasion he was treated for anxiety related to these duties at the U.S. Army Medical Hospital in the Baghdad International Airport. He served honorably and with no physical or psychological issues until he received an injury to his knee. Any anxiety that he experienced while at Fort Jackson was related to the financial and social uncertainty due to my knee injury and change of life plans. The independent documents submitted by the applicant from the Department of Veterans Affairs, showing the applicant was awarded 60 percent service connected disability with a character of service of under honorable conditions was noted. However, the proceedings of the Entrance Physical Standards Board (EPSB) revealed the applicant reported a previous treatment history, for symptoms, suggestive of an anxiety disorder and a depressive disorder, since 17y/o. the applicant symptoms caused significant emotional and social impairment and at the time of discharge interfered with his ability to train effectively. The applicant's previous history did not meet the standard for enlistment, IAW AR 40-501. These findings were approved by competent medical authority and the applicant agreed with the findings and proposed action for administrative separation from the Army. The evidence of record shows the applicant was discharged with a characterization of service of uncharacterized. The applicant's service was uncharacterized because he was in entry-level status at the time of discharge. Also there were no unusual circumstances present in the applicant's record and his service did not warrant an honorable discharge. It should be noted a Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty. The purpose of the entry-level status is to provide the Soldier a probationary period. Army Regulation 635-200 also provides, except in cases of serious misconduct that Soldier's service will be uncharacterized when his separation is initiated while he is in ELS. It should be noted that 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 had not been in the Army long enough for his character of service to be rated as honorable or otherwise. The evidence of record shows the applicant was separated under the provisions of Chapter 5, paragraph 5-11, AR 635-200 with an uncharacterized discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is " Failed Medical / Physical / Procurement Standards," and the separation code is "JFW." 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 appropriate RE code is 3. There is no provision for any other reason to be entered under this regulation. The applicant expressed his desire for an upgrade of his discharge for the purpose of getting help with his attempts to find employment so he can take care of his family. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities 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 2 December 2020, 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 / 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 AR20180002894 1