1. Applicant's Name: a. Application Date: 6 February 2018 b. Date Received: 12 February 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to change the narrative reason for his discharge to service-connected. The applicant seeks relief contending, in pertinent part and in effect, the change would allow him full education benefits. He was immature-he woke up over a year ago with a deep understanding of this country. He is doing his best to help build the education system and reform the justice system according to the constitution. Per the Board's Medical Officer, a voting member, the information available for review in the service record, AHLTA, and JLV, were reviewed. The SM was appropriately discharged IAW AR 635-200 due to multiple BH conditions. The reason for the discharge should be changed in accordance with current standards. In a record review hearing conducted at Arlington, VA on 18 September 2018, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is inequitable based on the applicant's circumstances surrounding the discharge (i.e. in-service diagnosis of behavioral health issues). Therefore, the board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 5-17, and the narrative reason for separation to Condition, Not a Disability, with a corresponding separation code to JFV. The board determined the RE code 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, Paragraph 5-13 / JFX / RE-3 / Honorable b. Date of Discharge: 24 March 2008 c. Separation Facts: (1) Date of Notification of Intent to Separate: 26 February 2008 (2) Basis for Separation: The applicant was informed of the following reasons: A psychiatric evaluation determined that he manifests a long-standing disorder of character, behavior and adaptability serious enough to preclude adequate military service. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 3 March 2008 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 5 March 2008 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 17 May 2007 / 5 years, 17 weeks b. Age at Enlistment / Education / GT Score: 18 / HS Graduate / 108 c. Highest Grade Achieved / MOS / Total Service: E-1 / 13B10, Cannon Crewmember / 10 months, 8 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for bar to reenlistment being imposed; failing to follow orders; failing to go to his appointed place of duty at the prescribed time; failing to follow instructions; FG Article 15, dated 22 October 2007, for wrongfully consuming alcohol while under the age of 21 on 12 October 2007. The punishment consisted of forfeiture of $650 pay per month for two months, and 45 days of extra duty and restriction. CG Article 15, dated 25 February 2008, for failing to go to his appointed place of duty at the prescribed time on 6 February 2008, (note, the referenced continuation sheet is NIF). The punishment consisted of forfeiture of $312, and 14 days of extra duty and restriction. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: Memorandum, dated 16 January 2008, subject: Command Directed Evaluation [(the applicant)], rendered by a psychiatrist, provides the following: The applicant "has a preexisting condition of Personality Disorder, Not Otherwise Specified, and alcohol abuse, episodic; manifested by a chronic pattern of irritability, impulsivity, aggressive behavior/altercations, anger, and failure to conform to social norms, indifference or rationalizing of harm or mistreatment. [The applicant] reports a long standing history of maladaptive coping including fists fights, hitting inanimate objects when frustrated; his last fist fight was over the [Christ]mas holidays. Since [his enlistment], he reports chronic intermittent thoughts of suicide or lashing out of others. This includes thoughts of wanting to harm his immediate supervisor. He reports that he is only able to contain his emotions by avoiding situations. This includes lateness to work, not showing or not being where he is supposed to be. His command reports the [the applicant] had a DUI on the first day in [his] unit after having had him read the safety message to the rest of the Soldiers. [The applicant] continues to drink episodically despite attending ASAP. [The applicant] was hospitalized on inpatient psychiatry due to suicidal/homicidal ideation. While not currently suicidal or homicidal, [the applicant] relates that he fears that he will hurt himself or others if he continues on active duty. [The applicant] reports desiring chapter separation from military service." 5. APPLICANT-PROVIDED EVIDENCE: DD Form 149 (Application for the Correction of Military Record), dated 6 February 2018, and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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. 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, 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 to change the narrative reason for his discharge. The applicant's available record of service, and the issues and document submitted with his application were carefully reviewed. The record confirms that the applicant was diagnosed by competent medical authority with a preexisting personality disorder, "Not Otherwise Specified, and alcohol abuse, episodic; manifested by a chronic pattern of irritability, impulsivity, aggressive behavior/altercations, anger, and failure to conform to social norms, indifference or rationalizing of harm or mistreatment." Although the applicant does not have a severe mental disorder, he manifests a longstanding disorder of character, behavior and adaptability that is of such severity so as to preclude adequate military service. The medical authority further provided that the applicant's personality disorder will likely not respond to Command efforts at rehabilitation (such as transfer, disciplinary action, or reclassification) or to any treatment methods currently available in any military mental health facility. The applicant contends that a change to the narrative reason for his discharge would allow him full educational benefits, through the use of the GI Bill. However, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Further, regarding the applicant's request to change to the narrative reason for his separation; however, it is governed by specific directives and as approved by the separation authority. For a discharge under Army Regulation 635-200, paragraph 5-13, the narrative reason for discharge under this paragraph is "Personality Disorder," and the separation code is "JFX." The regulation further stipulates that no deviation is authorized. There was no provision for any other reason to be entered under this regulation. 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 record review hearing conducted at Arlington, VA on 18 September 2018, and by a 5-0 vote, the Board determined the narrative reason for the applicant's separation is inequitable based on the applicant's circumstances surrounding the discharge (i.e. in-service diagnosis of behavioral health issues). Therefore, the board directed the issue of a new DD Form 214 changing the separation authority to AR 635-200, paragraph 5- 17, and the narrative reason for separation to Condition, Not a Disability, with a corresponding separation code to JFV. The board determined the RE code 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: 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 AR20180004283 1