1. Applicant's Name: a. Application Date: 11 April 2018 b. Date Received: 13 April 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests to change the narrative reason for discharge. The applicant seeks relief contending, in pertinent part and in effect, misses being in the military and serving the country. A change to the reenlistment code would allow the applicant to reenlist. 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 depressed and anxious mood. The VA has diagnosed the applicant with Adjustment Disorder with mixed disturbance of emotions and conduct, homelessness, Anxiety Disorder NOS, Depression, Amphetamine Dependence, Cannabis Dependence, Opioid Dependence, Polysubstance Dependence, Alcohol Dependence, and Depression Disorder NOS. In summary, the applicant's discharge was appropriate. In a records review conducted at Arlington, VA on 1 November 2019, 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: Physical Condition, Not a Disability / AR 635-200, Paragraph 5-17 / JFV / RE-3 / Honorable b. Date of Discharge: 21 December 2004 c. Separation Facts: (1) Date of Notification of Intent to Separate: 2 December 2004 (2) Basis for Separation: The applicant was informed of the following reasons: The applicant was diagnosed with an Adjustment Disorder with Depressed and Anxious Mood. The applicant's longstanding disorder of behavior and adaptability was of enough severity to preclude adequate military service. (3) Recommended Characterization: Honorable (4) Legal Consultation Date: 6 December 2004 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 10 December 2004 / Honorable 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 May 2004 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 18 / GED / 90 c. Highest Grade Achieved / MOS / Total Service: E-2 / 11X10, Infantry Recruit / 7 months, 4 days d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Negative counseling statements for having a substandard performance that requires inordinate supervision; having borderline disciplinary problems and remaining a command liability; and having an opportunity to overcome deficiencies, but with no improvement. Staff Psychiatrist memorandum for record, dated 3 November 20014, indicates the applicant was diagnosed with an Adjustment Disorder and Depressed and Anxious Mood, and despite treatment, the condition was not likely to improve in the future. The psychiatrist recommended discharge under AR 635-200, Paragraph 5-17, for Adjustment Disorder with Depressed and Anxious Mood. i. Lost Time / Mode of Return: None / NA j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 11 April 2011, and DD Form 214. 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. Paragraph 3-9 stipulates that a separation will be described as entry-level with service uncharacterized if processing is initiated while a Soldier is 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. 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 evidence of record shows the applicant was diagnosed by competent medical authority with a medical condition of an Adjustment Disorder with Depressed and Anxious Mood, while in training status. The medical authority recommended for the chain of command to discharge the applicant under the provisions of AR 635-200, paragraph 5-17. The commander concurred with the recommendation that separation be initiated because according to the psychiatrist, despite compliance with treatment and follow-up, the medical condition was not like to improve in the future. The applicant requests to change the reason for his separation and its corresponding codes; however, the narrative reason for his 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. The applicant expressed a desire to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former Service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. 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 1 November 2019, 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 AR20180008326 1